| (a) The executive director shall deduct allowances
in tenths of a ton from a site's compliance account in an amount equal
to the nitrogen oxides (NOX ) emissions
from each affected facility during the previous control period. The
amount of NOX emissions must be quantified
using the monitoring and testing protocols established in §§117.335,
117.340, 117.1235, 117.1240, and 117.2035 of this title (relating
to Initial Demonstration of Compliance; Continuous Demonstration of
Compliance; and Monitoring and Testing Requirements).
(b) If the monitoring and testing data required under
subsection (a) of this section is missing or unavailable, the NOX emissions from an affected facility may be
quantified 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 EPA
Compilation of Air Pollution Emission Factors (AP-42), September
2000.
(1) When quantifying NOX emissions
under this subsection, the owner or operator of the affected facility
shall submit the justification for not using the methods in subsection
(a) of this section and the justification for the method used.
(2) If NOX 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 equal to the NOX emissions
quantified under this subsection plus an additional 10%.
(c) If the protocol used to show compliance with this
section differs from the protocol used by the executive director to
establish the allocation of allowances under §101.353 of this
title (relating to Allocation of Allowances), the executive director
may recalculate the number of allowances allocated per year for consistency
between the methods.
(d) When deducting allowances from a site's compliance
account for a control period, the executive director will deduct the
allowances beginning with the most recently allocated allowances before
deducting vintage allowances.
(e) The executive director shall deduct allowances
from a site's compliance account in an amount equal to the NOX emissions increases from a facility not subject
to an emission specification under §117.310 or §117.2010
of this title (relating to Emission Specifications for Attainment
Demonstration; and Emission Specifications) that result from changes
made after December 31, 2000, to a facility subject to this division
and §117.310(e)(3) or §117.2010(f) of this title. The owner
or operator shall submit detailed documentation on these increases
in NOX emissions with the annual compliance
report.
(f) An allowance allocated based on allowable emissions
in accordance with variable (B)(i) in the figure in §101.353(a)
of this title may only be used by the facility for which it was allocated
and may not be used by any other facility.
(g) 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 §101.352(e)(2)(A)
of this title (relating to General Provisions).
(h) If the NOX 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.
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| Source Note: The provisions of this §101.354 adopted to be effective January 18, 2001, 26 TexReg 282; amended to be effective October 18, 2001, 26 TexReg 8073; amended to be effective January 17, 2003, 28 TexReg 83; amended to be effective August 16, 2007, 32 TexReg 4985; amended to be effective June 25, 2015, 40 TexReg 3848 |
