Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter H - EMISSIONS BANKING AND TRADING › Division 6 - HIGHLY REACTIVE VOLATILE ORGANIC COMPOUND EMISSIONS CAP AND TRADE PROGRAM › Section 101.394 - Allocation of Allowances

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 executive director shall deposit allowances into a compliance account as
					 follows.
(1) For a site located in Harris
					 County, allowances will be determined using the following equation:
Attached
						Graphic
(2) For a
					 site in Harris County not in operation or with HRVOC emissions that are not
					 representative of permitted normal routine operation due to an authorized
					 modification that resulted in an HRVOC emission reduction during the baseline
					 emissions period, the owner or operator may request from the executive director
					 the use of any allowance stream acquired from facilities previously
					 participating in the HRVOC Emissions Cap and Trade program in lieu of
					 reallocation until the alternate baseline emissions are established for the
					 site, according to the following:
(A) this
					 allowance stream is less than the HRVOC permit allowable limit in effect at the
					 time the facility commences operation;
(B) the baseline emissions period for any
					 site under this paragraph will be any consecutive 24 months from 2010 - 2012;
					 and
(C) beginning with the 2014
					 control period, all sites will receive an allocation in accordance with the
					 methodology under paragraph (1) of this subsection.
(3) A site meeting the following conditions
					 may request to use an alternative baseline emissions period consisting of the
					 two consecutive calendar-year control periods immediately preceding the
					 baseline emissions period defined under §
												101.390 of
					 this title (relating to Definitions):
(A) the
					 site used continuous flow rate monitoring and speciation of HRVOC to determine
					 HRVOC emissions during the alternative baseline period;
(B) the site had permanent, voluntary, and
					 quantifiable HRVOC emission reductions in an amount equal to or greater than 25
					 tons resulting in a site-wide reduction in HRVOC emissions of at least 25% as
					 calculated by comparing the average HRVOC emissions from the alternate baseline
					 period to the baseline emissions period defined under §
													101.390 of
					 this title;
(C) qualifying HRVOC
					 emission reductions must have been made enforceable by a permit application
					 submitted under Chapter 116 of this title (relating to Control of Air Pollution
					 by Permits for New Construction or Modification) or other submittal to the
					 executive director no later than April 1, 2010; and
(D) a request for an alternative baseline
					 period must be received by the executive director no later than July 1,
					 2010.
(4) For a site
					 located in Brazoria, Chambers, Fort Bend, Galveston, Liberty, Montgomery, and
					 Waller Counties, allowances will be determined using the following equation.
Attached
						Graphic
(5)
					 Uncontrolled emissions for affected facility types for use in determining site
					 allocations under paragraph (1) of this subsection must be calculated as
					 follows.
(A) For flares, the uncontrolled
					 emissions are equal to actual average HRVOC emissions from routine normal
					 operation during the baseline emissions period for that facility divided by one
					 minus the average percent control efficiency specifications for flares in
					 §
													115.725(d)
					 of this title (relating to Monitoring and Testing Requirements).
(B) For heaters, boilers, furnaces, thermal
					 and catalytic oxidizers, and other combustion control devices combusting HRVOC
					 streams, the uncontrolled emissions must be calculated by dividing actual
					 average emissions from routine normal operation during the baseline emissions
					 period for each facility by one minus 99%, or by one minus the actual monitored
					 HRVOC control efficiency for the facility, not to exceed 99.9%, if that
					 facility has demonstrated the actual monitored HRVOC control efficiency through
					 stack performance testing.
(C) For
					 any other facility without a demonstrated combustion control efficiency, the
					 control efficiency is equal to zero; therefore, the uncontrolled emissions will
					 be equal to the actual HRVOC emissions from routine normal operation.
(D) For a site that employs a flare or vent
					 gas recovery or flare minimization control strategy that is not requesting the
					 use of an alternative baseline emissions period under paragraph (3) of this
					 subsection, the owner or operator may request to include the amount of any
					 quantifiable reduction in actual HRVOC emissions attributable to the use of
					 flare or vent gas recovery as uncontrolled emissions, subject to approval by
					 the executive director. The amount of quantified reductions is equal to the
					 difference of the average actual HRVOC emissions from routine normal operation
					 during a consecutive 12-month period before the 2006 - 2009 baseline emissions
					 period and the implementation of the HRVOC gas recovery or flare minimization
					 control strategy and the enforceable allowable HRVOC permit limit for the
					 affected facility after the recovery-based emissions reduction strategy
					 implementation. The average actual HRVOC emissions used for quantifying the
					 reductions under this subparagraph must be determined through continuous flow
					 rate monitoring and HRVOC speciation testing. This allowable emissions limit
					 must be made enforceable through a permit application submitted under Chapter
					 116 of this title (relating to Control of Air Pollution by Permits for New
					 Construction or Modification) to the executive director no later than April 1,
					 2010. Credit allocated for reductions due to flare or vent gas recovery cannot
					 also be creditable if the HRVOC stream is sent to another control device. The
					 creditable emissions from flare gas recovery calculated in this subparagraph
					 are then converted to uncontrolled emissions through the use of the average
					 control efficiency specifications under §
													115.725(d)
					 of this title.
(E) For a site that
					 has purchased HRVOC allowance streams, uncontrolled emissions must be the
					 greater of the uncontrolled emissions calculated under subparagraphs (A) - (C)
					 of this paragraph, or the sum of the original existing HRVOC allowance
					 allocated according to the previous allocation methodology and the amount of
					 the allowance stream in tons. If a site's actual two-high year emissions is
					 less than the sum of its original existing HRVOC allowance and the amount of
					 the allowance stream in tons, the owner or operator shall add the difference to
					 the uncontrolled emissions as actual emissions.