(a) The owner or operator of a Section 185 Account
subject to this subchapter may submit a request to partially or completely
fulfill its §185 Failure to Attain Fee obligation by substituting
emission reductions, on a volatile organic compounds or nitrogen oxides
specific basis, in an amount equivalent to the tons on which the Failure
to Attain Fee has been assessed by relinquishing an equivalent amount
of any combination of:
(1) emissions reduction credits;
(2) discrete emission reduction credits;
(3) current or banked Highly-Reactive Volatile Organic
Compound Emissions Cap and Trade program allowances; and/or
(4) current or banked Mass Emissions Cap and Trade
program allowances.
(b) The use of the provisions of this section to fulfill
a Failure to Attain Fee obligation is subject to approval by the executive
director.
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