|(a) The executive director shall deduct from a site's
compliance account an amount of allowances equal to the total highly
reactive volatile organic compounds (HRVOC) emissions from each affected
facility at the site during the previous control period. The amount
of HRVOC emissions must be quantified using the monitoring and testing
protocols established in §115.725 and §115.764 of this title
(relating to Monitoring and Testing Requirements), as appropriate.
(b) The amount of HRVOC emissions from an affected
facility must be calculated for each hour of the year and summed to
determine the annual emissions for compliance. For emissions from
emissions events subject to the requirements of §101.201 of this
title (relating to Emissions Event Reporting and Recordkeeping Requirements)
or emissions from scheduled maintenance, startup, or shutdown activities
subject to the requirements of §101.211 of this title (relating
to Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping
Requirements), the hourly emissions to be included in the summation
may not exceed the short-term limit of §115.722(c) or §115.761(c)
of this title (relating to Site-wide Cap and Control Requirements;
and Site-wide Cap).
(c) If the monitoring and testing data required under
subsection (a) of this section does not exist or is unavailable, the
owner or operator of the site shall determine the HRVOC emissions
for that period of time using the following methods in the following
order: continuous monitoring data; periodic monitoring data; testing
data; manufacturer's data; and engineering calculations.
(1) When reporting the amount of HRVOC emissions under
this subsection, the owner or operator of the site shall also submit
the justification for not using the methods in subsection (a) of this
section and the justification for the method used.
(2) If emissions are quantified under this subsection
due to non-compliance with the monitoring and testing required under
subsection (a) of this section, the executive director shall deduct
allowances from a site's compliance account in an amount equivalent
to the HRVOC emissions quantified under this subsection plus an additional
(d) When deducting allowances from the compliance account
of a site for a control period, the executive director will deduct
the allowances beginning with the most recently allocated allowances
before deducting vintage allowances.
(e) The amount of allowances deducted from a site's
compliance account under subsection (a) of this section will be reduced
by the amount of allowances deducted in accordance with §101.393(d)(2)(A)
of this title (relating to General Provisions).
(f) If the total actual HRVOC emissions from the affected
facilities during a control period exceed the amount of allowances
in the site's compliance account on March 1 following that control
period, the executive director will reduce allowances for the next
control period by an amount equal to the emissions exceeding the allowances
in the site's compliance account plus an additional 10%.
(1) If the site's compliance account does not hold
sufficient allowances to accommodate this reduction, the executive
director shall issue a Notice of Deficiency requiring the owner or
operator to obtain sufficient allowances within 30 days of the notice.
(2) These actions do not preclude additional enforcement
action by the executive director.
|Source Note: The provisions of this §101.396 adopted to be effective December 23, 2004, 29 TexReg 11592; amended to be effective April 1, 2010, 35 TexReg 2556; amended to be effective June 25, 2015, 40 TexReg 3848