| (v) the technological and economic aspects of other
compliance options available to the applicant; and
(vi) the location of the facilities for which owners
or operators are requesting use of DERCs.
(B) The executive director shall consider the appropriate
amount of DERCs allocated for each application submitted on a case-by-case
basis.
(4) If the total number of DERCs submitted for use
during the upcoming calendar year in all applications received by
the August 1 deadline in subsection (d)(1)(B)(i) of this section is
less than the limit, the executive director may:
(A) approve all requests for DERC usage provided that
all other requirements of this section are met; and
(B) consider any late application submitted as provided
under subsection (d)(3) of this section that is not an Electric Reliability
Council of Texas, Inc. (ERCOT)-declared emergency situation as defined
in paragraph (5) of this subsection, but will not otherwise approve
a late submittal that would exceed the limit established in this subsection.
(5) If the applications are submitted in response to
an ERCOT-declared emergency situation, the request will not be subject
to the limit established in this subsection and may be approved provided
all other requirements are met. For the purposes of this paragraph,
an ERCOT-declared emergency situation is defined as the period of
time that an ERCOT-issued emergency notice or energy emergency alert
(EEA) (as defined in ERCOT Nodal Protocols, Section 2: Definitions
and Acronyms (June 1, 2012) and issued as specified in ERCOT Nodal
Protocols, Section 6: Adjustment Period and Real-Time Operations (June
1, 2012)) is applicable to the serving electric power generating system.
The emergency situation is considered to end upon expiration of the
emergency notice or EEA issued by ERCOT.
(g) Inter-pollutant use of discrete emission credits.
With prior approval from the executive director and the EPA, a NOX or VOC discrete emission credit may be used
to meet the nonattainment new source review offset requirements for
the other ozone precursor if photochemical modeling demonstrates that
overall air quality and the regulatory design value in the nonattainment
area of use will not be adversely affected by the substitution.
|
| Source Note: The provisions of this §101.376 adopted to be effective January 17, 2003, 28 TexReg 83; amended to be effective December 2, 2004, 29 TexReg 11038; amended to be effective October 26, 2006, 31 TexReg 8684; amended to be effective August 16, 2007, 32 TexReg 4985; amended to be effective January 1, 2009, 33 TexReg 10455; amended to be effective June 25, 2015, 40 TexReg 3848; amended to be effective October 12, 2017, 42 TexReg 5441 |
