| (a) No later than March 31 after each control period,
the owner or operator of a site subject to this division shall submit
a completed annual compliance report specified by the executive director
to the executive director, which must include the following:
(1) the amount of actual nitrogen oxides (NOX ) emissions from applicable facilities at
the site during the preceding control period;
(2) the method of determining NOX emissions
from applicable facilities, including, but not limited to, any monitoring
protocol and results, calculation methodology, level of activity,
and emission factor;
(3) a summary of all final trades for the preceding
control period;
(4) detailed documentation supporting the reported
level of activity and emission factor for each affected facility.
It is acceptable to reference documentation supporting a level of
activity or an emission factor if previously submitted with an annual
compliance report or level of activity certification form; and
(5) detailed documentation on NOX emissions
from each 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 an affected facility
as required in §101.354(e) of this title (relating to Allowance
Deductions).
(b) For the owner or operator of a site failing to
submit an annual compliance report by the required deadline in subsection
(a) of this section, the executive director may withhold approval
of any proposed trades from that site involving allowances allocated
for the control period for which the report is due or to be allocated
in subsequent control periods.
(c) The owner or operator of a site subject to this
division that no longer has authorization to operate any affected
facilities may request a waiver from the reporting requirements in
this section. If approved, the annual compliance report will not be
required until a new affected facility is authorized at the site.
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| Source Note: The provisions of this §101.359 adopted to be effective January 18, 2001, 26 TexReg 282; amended to be effective December 2, 2004, 29 TexReg 11038; amended to be effective June 25, 2015, 40 TexReg 3848 |
