(a) Applicability. The owner or operator of an industrial or
utility boiler, as defined in §101.1 of this title (relating to Definitions),
with a heat input capacity of greater than 10.0 million British thermal units
(Btu) per hour capable of using natural gas shall remit to the Texas Air Control
Board (TACB) a clean fuel incentive surcharge of $.20 per million Btu on fuel
oil used on or between April 15 and October 15 of each year. Provisions of
this section apply only to industrial and utility boilers located in consolidated
metropolitan statistical areas or metropolitan statistical areas with a population
of 350,000 or more which have not met the national ambient air quality standard
for ozone.
(b) Exemptions. The owner or operator of an industrial or
utility boiler affected by subsection (a) of this section is exempt from the
surcharge in the following circumstances:
(1) burning of the following oils as defined for purposes of
energy recovery or disposal, provided that such burning activities are approved
or permitted by TACB, Texas Water Commission, and/or the United States Environmental
Protection Agency:
(A) Used oil--Any oil that has been refined from crude oil,
has been used, and, as a result of such use, is contaminated by physical or
chemical impurities;
(B) Hazardous waste-derived oil--Any oil that has been produced
by processing, blending, or other treatment using hazardous wastes, as defined
in §101.1 of this title (relating to Definitions);
(C) Waste oil--Any by-product or co-product oil resulting from
crude oil refining or petrochemical production, which is used for energy recovery
on-site, provided such use does not exceed 5.0% of the manufacturing complex's
fuel consumption, and any by-product oil resulting from crude oil refining
or petrochemical production, which is used for energy recovery on-site, if
the material has no commercial value and would otherwise be Class I industrial
solid waste or hazardous waste. For purposes of this definition, the term
"on-site" includes facilities which are adjacent, contiguous, or physically
interconnected;
(2) fuel oil use during documented periods of full
or partial natural gas curtailment or during documented periods when insufficient
natural gas is available to satisfy contractual obligations, or in the event
of catastrophic events as defined in the Texas Clean Air Act (TCAA), §382.063(j);
(3) fuel oil use in equipment testing or personnel training
if limited to an aggregate of the equivalent of 48 hours full-load operation
between April 15 through October 15;
(4) fuel oil use under a fixed-price contract with a public
works agency entered into prior to August 28, 1989.
(c) Recordkeeping. The owner or operator of an industrial or
utility boiler, as defined in §101.1 of this title (relating to Definitions),
with a heat input capacity of greater than 10.0 million Btu per hour capable
of using natural gas shall maintain records of fuel usage, including amounts
and types of fuels used during April 15 to October 15 of each year. Provisions
of this section apply only to industrial and utility boilers located in consolidated
metropolitan statistical areas, or metropolitan statistical areas with a population
of 350,000 or more which have not met the national ambient air quality standard
for ozone. The fuel usage record should include documentation of any fuel
oil burned as allowed by subsection (b) of this section. The fuel usage record
for each year shall be maintained for two years and made available to authorized
representatives of TACB and/or local air pollution control agencies upon request.
(d) Payment. Surcharges shall be remitted in the form of a
check or money order made payable to TACB annually by December 31, beginning
in 1990. A fuel usage report documenting the amount and types of fuel used
during April 15 through October 15 for each boiler affected by subsection
(a) of this section shall accompany any surcharge remitted. The fuel usage
report shall also include the company name, mailing address, property address,
TACB account number, and the name and telephone number of the person to contact
in case questions arise regarding the surcharge payment.
(e) Nonpayment of surcharge. Failure to remit the fuel surcharge
payment by December 31 shall result in action under the TCAA, §382.088
or §382.082.
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