| (a) Baseline amount determination. The owner or operator
of each major stationary source meeting the requirements of §101.101
of this title (relating to Applicability) shall submit to the executive
director a report establishing its baseline amount emissions on a
form published by the executive director. The Baseline Amount Determination
forms for the Houston-Galveston-Brazoria one-hour ozone nonattainment
area are due no later than 120 calendar days after the adoption date
of this rule.
(b) New major source baseline amount reporting. No
later than 90 calendar days following the first full year of operation
as a major source, the owner and/or operator of a major stationary
source that meets the requirements of §101.101 of this title
shall submit to the executive director a report establishing its baseline
amount emissions on a form published by the executive director.
(c) The executive director shall determine a baseline
amount for any major stationary source subject to §101.101 of
this title that fails to submit an approvable baseline amount by the
due date requested by the commission.
(1) The executive director-determined baseline amount
shall be 12.5 tons for volatile organic compounds and 12.5 tons for
nitrogen oxides, or, if available, the lower of the baseline emissions
reported under §101.10 of this title (relating to Emissions Inventory
Requirements) or authorized for the major stationary source for 2007.
(2) The executive director shall not aggregate baseline
amounts under §101.107 of this title (relating to Aggregated
Baseline Amount) in determining a baseline amount under this subsection.
(d) Payment due date. The fee payment is due no later
than 30 calendar days after the invoice date. The first invoice will
be issued by the end of the year following the effective date of this
rule. If a Section 185 Account commences or resumes operation, the
full Failure to Attain Fee payment will be due prior to commencement
or resumption of operations.
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