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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 101GENERAL AIR QUALITY RULES
SUBCHAPTER BFAILURE TO ATTAIN FEE
RULE §101.122Using Supplemental Environmental Project to Fulfill an Equivalent Alternative Obligation

(a) The owner and/or operator of a Section 185 Account subject to this subchapter may submit a request to partially or completely fulfill its Failure to Attain Fee obligation by contributing to a Supplemental Environmental Project (SEP), on a volatile organic compounds (VOC) or nitrogen oxides (NOX ) specific basis by either:

  (1) an amount equivalent to the tons on which the Failure to Attain Fee has been assessed; or

  (2) an amount equivalent to the Failure to Attain Fee amount assessed.

(b) The SEP must directly reduce the amount of VOC and/or NOX emissions in the Houston-Galveston-Brazoria one-hour ozone nonattainment area.

(c) The SEP must be enforceable through an Agreed Order or other enforceable document.

(d) The use of SEP funds must be on a dollar-for-dollar basis and shall not be discounted due to the passage of time. Credit from SEP funds may be accumulated from year to year, and if a surplus exists in any given year, the funds may be used to offset the calculated Failure to Attain Fee as needed.

(e) Funds in a SEP used to offset an administrative penalty cannot be used to offset a Failure to Attain Fee obligation.

(f) The use of a SEP to fulfill a Failure to Attain Fee obligation is subject to approval by the executive director.


Source Note: The provisions of this §101.122 adopted to be effective June 12, 2013, 38 TexReg 3610

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