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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 101GENERAL AIR QUALITY RULES
SUBCHAPTER HEMISSIONS BANKING AND TRADING
DIVISION 3MASS EMISSIONS CAP AND TRADE PROGRAM
RULE §101.359Reporting

(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.


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

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