| (a) Fee Equivalency Account credits. Equivalency Credits
will be on a dollar-for-dollar basis and will not be discounted due
to the passage of time. Equivalency Credits can be accumulated in
the Fee Equivalency Account from year to year if a surplus exists
in any given year and used to offset the calculated Houston-Galveston-Brazoria
(HGB) one-hour ozone nonattainment area §185 Obligation as needed.
(b) Area Section 185 obligation determination. Annually,
the executive director shall calculate the applicable Failure to Attain
Fee Obligation for all major stationary sources in the HGB one-hour
ozone standard nonattainment area. The Failure to Attain Fee Obligation
for each Section 185 Account will be summed. The resultant amount
will represent the calendar year Area §185 Obligation for the
HGB one-hour ozone standard nonattainment area. A calendar year's
Area §185 Obligation will be calculated using actual emissions
reported under §101.10 of this title (relating to Emissions Inventory
Requirements) from the previous calendar year.
(c) Annual demonstration of equivalency. By no later
than December 2014 and annually thereafter until the HGB one-hour
ozone nonattainment area is no longer subject to the fee by the EPA
or the fee is placed into abeyance, the executive director shall complete
an equivalency demonstration to determine if adequate equivalency
credits were available in the Fee Equivalency Account for the applicable
calendar year to meet the Area §185 Obligation calculated under
subsection (b) of this section.
(1) The annual determination of equivalency will be
made as follows.
Attached Graphic
(2) If the Fee Equivalency Account balance is calculated
to be less than or equal to zero in paragraph (1) of this subsection,
sufficient equivalency credits were available to offset the fee obligation.
The executive director shall not assess a §185 Failure to Attain
fee on Section 185 Accounts for the year being assessed.
(3) If the Fee Equivalency Account balance is calculated
to be greater than zero in paragraph (1) of this subsection, insufficient
equivalency credits were available to offset the fee obligation. The
executive director shall assess a sufficient §185 Failure to
Attain fee to fulfill the Area §185 Obligation. The amount due
from each Section 185 Account will be prorated to generate sufficient
revenue to meet the Area §185 Obligation. The proration will
be calculated as follows.
Attached Graphic
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