reglab/statecodes huggingface dataset:
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 3 - MASS EMISSIONS CAP AND TRADE PROGRAM › Section 101.354 - Allowance Deductions

Current through Reg. 49, No. 28; July 12, 2024
(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%.
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 3 - MASS EMISSIONS CAP AND TRADE PROGRAM › Section 101.356 - Allowance Banking and Trading

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 allowance not used for compliance in the control period it was allocated may be
					 banked as a vintage allowance for use in the following control period in
					 compliance with §
											101.354 of
					 this title (relating to Allowance Deductions) or traded except as provided by
					 subsection (g) of this section.
(b)
					 An allowance that has not expired or been used may be traded at any time during
					 a control period after it has been allocated except as provided by subsection
					 (g) of this section.
(c) Only an
					 authorized account representative may trade an allowance.
(d) At least 30 days before the allowances
					 are deposited into the buyer's account, the seller shall submit the appropriate
					 trade application to the executive director. The completed application must
					 show the amount of allowances traded and, except for trades between sites under
					 common ownership or control, the purchase price per ton of allowances traded.
(1) To trade a current allowance or vintage
					 allowance for a single year, the seller shall submit the application form
					 specified by the executive director. Trades involving allowances needed for
					 compliance with a control period must be submitted on or before January 30 of
					 the following control period.
(2)
					 To permanently trade ownership of any portion of the allowances allocated
					 annually to an individual facility, the seller shall submit the application
					 form specified by the executive director.
(3) To trade any portion of the individual
					 future year allowances to be allocated annually to an individual facility, the
					 seller shall submit the application form specified by the executive
					 director.
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 3 - MASS EMISSIONS CAP AND TRADE PROGRAM › Section 101.357 - Use of Emission Reductions Generated from the Texas Emissions Reduction Plan (TERP)

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
					 operator of a site as defined in §
											122.10 of
					 this title (relating to General Definitions) in the Houston/Galveston ozone
					 nonattainment area may use nitrogen oxides (NOx)
					 emission reductions generated under the TERP in lieu of allowances for
					 compliance with this division provided that:
(1) the owner or operator of the site
					 contributes to the TERP fund $75,000 per ton of NOx
					 emissions used, not to exceed 25 tons per year or 0.5 tons per day on a
					 site-wide basis;
(2) the owner or
					 operator of the site demonstrates to the executive director that the site will
					 be in full compliance with the applicable emission reduction requirements of
					 this division and Chapter 117 of this title (relating to Control of Air
					 Pollution from Nitrogen Compounds) no later than the fifth anniversary of the
					 date on which the emission reductions would otherwise be required;
(3) emissions from the site are reduced by at
					 least 80% of the required reductions;
(4) the reductions accomplished under the
					 TERP have not been previously used to meet reduction requirements under a state
					 implementation plan attainment demonstration;
(5) the reductions accomplished under the
					 TERP are used in the same nonattainment area in which they are generated;
					 and
(6) the executive director
					 approves a petition submitted by the owner or operator of the site that
					 demonstrates that it is technically infeasible to comply with applicable
					 emission reduction requirements of this division and Chapter 117 of this title
					 above 80% of the required reductions. When considering technical infeasibility
					 the executive director may consider, but will not be limited to:
(A) current technology;
(B) adaptability of technology to a
					 particular source;
(C) age and
					 projected useful life of a source; and
(D) cost benefits at the time of
					 application.
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 3 - MASS EMISSIONS CAP AND TRADE PROGRAM › Section 101.359 - Reporting

Current through Reg. 49, No. 28; July 12, 2024
(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).
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 3 - MASS EMISSIONS CAP AND TRADE PROGRAM › Section 101.360 - Level of Activity Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or operator of any site subject
					 to this division shall certify the historical level of activity for each
					 affected facility by submitting to the executive director a completed
					 application along with any supporting information such as usage records,
					 testing or monitoring data, emission factors, and production records. The
					 historical level of activity must be determined as follows:
(1) for a facility in operation before
					 January 1, 1997, the level of activity averaged over 1997, 1998, and
					 1999;
(2) for an existing facility
					 the level of activity authorized by the executive director; and
(3) for a new or modified facility not in
					 operation before January 1, 1997, that is subject to an emission specification
					 under §§
												117.310,
					 117.1210,
					 or
					 117.2010
					 of this title (relating to Emission Specifications for Attainment
					 Demonstration; and Emission Specifications) first adopted after April 1, 2001,
					 and either has submitted under Chapter 116 of this title (relating to Control
					 of Air Pollution by Permits for New Construction or Modification) an
					 application determined by the executive director to be administratively
					 complete within 90 days of the effective date of this emission specification,
					 or has qualified for a permit by rule under Chapter 106 of this title (relating
					 to Permits by Rule) and commenced construction within 90 days of the effective
					 date of the emission specification, the level of activity authorized by the
					 executive director.
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 3 - MASS EMISSIONS CAP AND TRADE PROGRAM › Section 101.363 - Program Audits and Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) No later than
					 three years after the effective date of this division, and every three years
					 thereafter, the executive director will audit this program.
(1) The audit will evaluate the impact of the
					 program on the state's ozone attainment demonstration, the availability and
					 cost of allowances, compliance by the participants, and any other elements the
					 executive director may choose to include.
(2) The executive director will recommend
					 measures to remedy any problems identified in the audit. The trading of
					 allowances, discrete emission reduction credits (DERCs), and/or mobile discrete
					 emission reduction credits (MDERCs) may be discontinued by the executive
					 director in part or in whole and in any manner, with commission approval, as a
					 remedy for problems identified in the program audit.
(3) The audit data and results will be
					 completed and submitted to the EPA and made available for public inspection
					 within six months after the audit begins.
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 4 - DISCRETE EMISSION CREDIT PROGRAM › Section 101.371 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this division is to allow the owner or
						operator of a facility or mobile source to generate discrete emission credits
						by reducing emissions beyond any applicable local, state, or federal
						requirement and to allow the owner or operator of another source to use these
						credits. Participation under this division is strictly
						voluntary.
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 4 - DISCRETE EMISSION CREDIT PROGRAM › Section 101.372 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicable
					 pollutants.
(1) A discrete emission credit
					 may be generated from a reduction of a criteria pollutant, excluding lead, or a
					 precursor of a criteria pollutant.
(2) A discrete emission credit generated from
					 the reduction of one pollutant or precursor may not be used to meet the
					 requirements for another pollutant or precursor, except as provided in §
												101.376
					 of this title (relating to Discrete Emission Credit Use).
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 4 - DISCRETE EMISSION CREDIT PROGRAM › Section 101.373 - Discrete Emission Reduction Credit Generation and Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Emission reduction strategy.
(1) A discrete emission reduction credit
					 (DERC) may be generated using one of the following strategies or any other
					 method that is approved by the executive director:
(A) the installation and operation of
					 pollution control equipment that reduces emissions below the baseline emissions
					 for the facility; or
(B) a change
					 in the manufacturing process, other than a shutdown or curtailment, that
					 reduces emissions below the baseline emissions for the facility.
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 4 - DISCRETE EMISSION CREDIT PROGRAM › Section 101.374 - Mobile Discrete Emission Reduction Credit Generation and Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Method of generation.
(1) Mobile discrete emission reduction
					 credits (MDERCs) may be generated by any mobile source emission reduction
					 strategy that creates actual mobile source emission reductions under this
					 division, and is subject to the approval of the executive director. The number
					 of years that an emissions reduction strategy can be used to generate MDERCs is
					 limited by the expected remaining useful life of the mobile source except if a
					 capture and control system is used to reduce marine or locomotive mobile source
					 emissions.
(2) MDERCs may not be
					 generated from the following strategies:
(A)
					 that portion of reductions funded through a state or federal program, unless
					 specifically allowed under that program;
(B) through the transfer of emissions from
					 one mobile source to another mobile source within the same nonattainment area
					 and under common ownership or control; or
(C) reduction strategies resulting in
					 secondary emissions increases that exceed limits established under state or
					 federal rules or regulations.
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 4 - DISCRETE EMISSION CREDIT PROGRAM › Section 101.375 - Emission Reductions Achieved Outside the United States

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility may use emission reductions
					 achieved outside the United States of criteria pollutants or precursors of
					 criteria pollutants if the facility meets the requirements of subsection (c) of
					 this section.
(b) A facility may
					 use emission reductions achieved outside the United States of criteria
					 pollutants or precursors of criteria pollutants and substitute these reductions
					 for reductions in other criteria pollutants or precursors of criteria
					 pollutants if the facility meets the requirements of subsection (c) of this
					 section; and
(1) the reduction is substituted
					 for the reduction of another criteria pollutant and the substitution results in
					 a greater health benefit and is of equal or greater benefit to the overall air
					 quality of the area; or
(2) a
					 reduction of an air contaminant for which the area in which the facility is
					 located has been designated as nonattainment or which leads to the formation of
					 a criteria pollutant for which an area has been designated as nonattainment is
					 substituted for any air contaminant for which the area has been designated as
					 nonattainment or leads to the formation of any criteria pollutant for which the
					 area has been designated as nonattainment.
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 4 - DISCRETE EMISSION CREDIT PROGRAM › Section 101.376 - Discrete Emission Credit Use

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Requirements to use discrete emission credits. Discrete emission credits may be
					 used if the following requirements are met.
(1) The user shall have ownership of a
					 sufficient amount of discrete emission credits before the use period for which
					 the specific discrete emission credits are to be used.
(2) The user shall hold sufficient discrete
					 emission credits to cover the user's compliance obligation at all
					 times.
(3) The user shall acquire
					 additional discrete emission credits during the use period if it is determined
					 the user does not possess enough discrete emission credits to cover the entire
					 use period. The user shall acquire additional credits as allowed under this
					 section prior to the shortfall, or be in violation of this section.
(4) The user may acquire and use only
					 discrete emission credits listed in the registry.
(5) The user shall obtain executive director
					 approval to use nitrogen oxides (NOX) discrete emission
					 reduction credits (DERCs) in Collin, Dallas, Denton, Ellis, Johnson, Kaufman,
					 Parker, Rockwall, and Tarrant Counties as provided by subsection (f) of this
					 section.
(6) A discrete emission
					 credit may not be used unless it is available in the account for the site where
					 it will be used.
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 4 - DISCRETE EMISSION CREDIT PROGRAM › Section 101.378 - Discrete Emission Credit Banking and Trading

Current through Reg. 49, No. 28; July 12, 2024
(a) The credit registry. All discrete
					 emission credit generators, users, and holders will be included in the
					 commission's credit registry.
(1) All notices
					 submitted by a generator, holder, or user will be reviewed for credibility; and
					 when deemed certified, posted to the credit registry.
(2) The credit registry will assign a unique
					 number to each certificate which will include the amount of emission reductions
					 generated to the tenth of a ton.
(3) The credit registry will maintain a
					 listing of all credits available or used for each ozone nonattainment area. One
					 combined listing for all the counties or portions of counties designated as
					 attainment or unclassifiable will be provided by the credit registry.
(4) The registry shall not contain
					 proprietary information.
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 4 - DISCRETE EMISSION CREDIT PROGRAM › Section 101.379 - Program Audits and Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 executive director will audit this program every three years.
(1) The audit will evaluate the timing of
					 credit generation and use, the impact of the program on the state's attainment
					 demonstration and the emissions of hazardous air pollutants, the availability
					 and cost of credits, compliance by the participants, and any other elements the
					 executive director may choose to include.
(2) The executive director will recommend
					 measures to remedy any problems identified in the audit. The trading of
					 discrete emission credits may be discontinued by the executive director in part
					 or in whole and in any manner, with commission approval, as a remedy for
					 problems identified in the program audit.
(3) The audit data and results will be
					 completed and submitted to the United States Environmental Protection Agency
					 (EPA) and made available for public inspection within six months after the
					 audit begins.
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 101.391 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This division applies to each site in the
					 Houston-Galveston-Brazoria ozone nonattainment area with one or more affected
					 facilities. Affected facilities include vent gas streams, flares, and cooling
					 tower heat exchange systems that emit or have the potential to emit highly
					 reactive volatile organic compounds.
(b) For the purpose of compliance with
					 Chapter 115, Subchapter H, Division 1 or 2 of this title (relating to Vent Gas
					 Control; and Cooling Tower Heat Exchange Systems), each site that meets the
					 applicability requirements of this section will always be subject to this
					 division unless exempted under §
											101.392 of
					 this title (relating to Exemptions).
(c) The banking and trading requirements of
					 this division apply to a broker and a broker account.
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 101.392 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) A site in the Houston-Galveston-Brazoria
					 ozone nonattainment area that has the potential to emit, as defined in §
											116.12
					 of this title (relating to Nonattainment and Prevention of Significant
					 Deterioration Review Definitions), 10 tons per year or less of highly reactive
					 volatile organic compounds from all affected facilities at the site is exempt
					 from the requirements of this division.
(b) A site in Brazoria, Chambers, Fort Bend,
					 Galveston, Liberty, Montgomery, or Waller County is exempt from the
					 requirements of this division except for §101.401(a) - (e) of this title
					 (relating to Level of Activity Certification). The commission may revoke this
					 exemption upon public notice of this revocation. If the exemption is revoked,
					 the owner or operator of a site subject to this division located in Brazoria,
					 Chambers, Fort Bend, Galveston, Liberty, Montgomery, or Waller County shall
					 comply within 180 days of public notice.
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 101.396 - Allowance Deductions

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
					 director shall deduct from a site's compliance account an amount of allowances
					 equal to the total highly reactive volatile organic compounds (HRVOC) emissions
					 from each affected facility at the site during the previous control period. The
					 amount of HRVOC emissions must be quantified using the monitoring and testing
					 protocols established in §
											115.725
					 and §
											115.764
					 of this title (relating to Monitoring and Testing Requirements), as
					 appropriate.
(b) The amount of
					 HRVOC emissions from an affected facility must be calculated for each hour of
					 the year and summed to determine the annual emissions for compliance. For
					 emissions from emissions events subject to the requirements of §
											101.201
					 of this title (relating to Emissions Event Reporting and Recordkeeping
					 Requirements) or emissions from scheduled maintenance, startup, or shutdown
					 activities subject to the requirements of §
											101.211
					 of this title (relating to Scheduled Maintenance, Startup, and Shutdown
					 Reporting and Recordkeeping Requirements), the hourly emissions to be included
					 in the summation may not exceed the short-term limit of §
											115.722(c)
					 or §
											115.761(c)
					 of this title (relating to Site-wide Cap and Control Requirements; and
					 Site-wide Cap).
(c) If the
					 monitoring and testing data required under subsection (a) of this section does
					 not exist or is unavailable, the owner or operator of the site shall determine
					 the HRVOC emissions 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 engineering calculations.
(1) When reporting the amount of HRVOC
					 emissions under this subsection, the owner or operator of the site shall also
					 submit the justification for not using the methods in subsection (a) of this
					 section and the justification for the method used.
(2) If 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 equivalent to the HRVOC emissions
					 quantified under this subsection plus an additional 10%.
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 101.399 - Allowance Banking and Trading

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 allowance allocated for a control period that is not used for compliance for
					 that control period may be banked as a vintage allowance for use in
					 demonstrating compliance for the next control period under §
											101.396 of
					 this title (relating to Allowance Deductions) or traded.
(b) An allowance that has not expired or been
					 used may be traded at any time during a control period except as provided by
					 this section.
(c) At least 30 days
					 before the allowances are deposited into the buyer's account, the seller shall
					 submit the appropriate trade application to the executive director. The
					 completed application must include the amount of allowances to be traded and,
					 except for transactions between sites under common ownership or control, the
					 purchase price per ton of allowances traded.
(1) To trade a current allowance or vintage
					 allowance for a single year, the seller shall submit an Application to Trade
					 Allowances (Form HECT-2). Trades involving allowances needed for compliance
					 with a control period must be submitted on or before January 30 of the
					 following control period.
(2) To
					 permanently trade ownership of any portion of the allowances allocated annually
					 to an individual facility, the seller shall submit an Application for Stream
					 Trade (Form HECT-4).
(3) To trade
					 any portion of the allowances that are scheduled to be allocated to an
					 individual facility in a future control period, the seller shall submit an
					 Application for Future Trade (Form HECT-5).
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 101.400 - Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) No later than March 31 after each control
					 period, the owner or operator of each site shall submit a completed Annual
					 Compliance Report (Form HECT-1) to the executive director, which must include
					 the following:
(1) the total amount of actual
					 HRVOC emissions from each affected facility at the site during the preceding
					 control period;
(2) the method or
					 methods used to determine the actual HRVOC emissions for each affected
					 facility, including, but not limited to, monitoring protocol and results,
					 calculation methodologies, and emission factors; and
(3) a summary of all final transactions for
					 the preceding control period.
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 101.401 - Level of Activity Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) No
					 later than April 30, 2005, the owner or operator of each site subject to this
					 division will submit to the executive director a completed Form ECT-3H,
					 Highly-Reactive Volatile Organic Compound Emissions Cap and Trade Level of
					 Activity Certification Form.
(b)
					 For each process unit subject to this division, the owner or operator will
					 certify in the ECT-3H form the level of activity for the selected 12
					 consecutive months during the period of 2000 through 2004.
(c) The owner or operator will attach to the
					 ECT-3H form information and documentation necessary to support the proposed
					 level of activity baseline.
(d) The
					 owner or operator of the site may mark any portion of the ECT-3H form, or
					 supporting information and documentation, as confidential under Texas Health
					 and Safety Code, §
											382.041.
(e) In conjunction with submission of the
					 ECT-3H form, the owner or operator of the site subject to this division will
					 provide enforceable documentation of the maximum allowable emission rate of
					 highly-reactive volatile organic compounds from facilities located at that
					 site.
(f) No later than July 1,
					 2010, the owner or operator of each site subject to this division will submit
					 to the executive director a completed Form ECT-6H, Highly Reactive Volatile
					 Organic Compound Emissions Cap and Trade Baseline Emissions Certification
					 Form.
(g) For each site subject to
					 this division, the owner or operator will certify in the ECT-6H form the two
					 highest consecutive calendar-year control periods selected from the period of
					 2006 - 2009 to establish the baseline emissions period.
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 101.403 - Program Audits and Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) No later than
					 three years after the effective date of this division, and every three years
					 thereafter, the executive director will audit this program.
(1) The audit will evaluate the impact of the
					 program on the state's ozone attainment demonstration, the availability and
					 cost of allowances, compliance by the participants, and any other elements the
					 executive director may choose to include.
(2) The executive director will recommend
					 measures to remedy any problems identified in the audit. The trading of
					 allowances may be limited or discontinued by the executive director in part or
					 in whole and in any manner, with commission approval, as a remedy for problems
					 identified in the program audit.
(3) The audit data and results will be
					 completed and submitted to the United States Environmental Protection Agency
					 and made available for public inspection within six months after the audit
					 begins.
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 7 - CLEAN AIR INTERSTATE RULE › Section 101.501 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This division applies to any stationary, fossil
						fuel-fired boiler or stationary, fossil fuel-fired combustion turbine meeting
						the applicability requirements under 40 Code of Federal Regulations Part 96,
						Subpart AA or Subpart AAA.
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 7 - CLEAN AIR INTERSTATE RULE › Section 101.502 - Clean Air Interstate Rule Trading Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission incorporates by reference,
					 except as specified in this division, the provisions of 40 Code of Federal
					 Regulations (CFR) Part 96, Subpart AA - Subpart II and Subpart AAA - Subpart
					 III (as amended through October 19, 2007 (72 FR 59190)) for purposes of
					 implementing the Clean Air Interstate Rule (CAIR) trading programs for annual
					 emissions of oxides of nitrogen (NOX) and sulfur dioxide
					 to meet the requirements of Federal Clean Air Act,
					 §110(a)(2)(D).
(b) Owners and
					 operators of sources subject to 40 CFR Part 96, Subpart AA - Subpart II or
					 Subpart AAA - Subpart III shall comply with those requirements.
(c) The methodologies and procedures for
					 determining and recording each subject source's CAIR NOX
					 allowance allocation in 40 CFR Part 96, Subpart EE are replaced by the
					 requirements of this division.
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 7 - CLEAN AIR INTERSTATE RULE › Section 101.503 - Clean Air Interstate Rule Oxides of Nitrogen Annual Trading Budget

Current through Reg. 49, No. 28; July 12, 2024
(a) The oxides of nitrogen
					 (NOx) trading budget for annual allocations of Clean Air
					 Interstate Rule NOx allowances for the control periods
					 in 2009 - 2014 and in 2015, and thereafter, shall be equivalent to the tons of
					 NO x emissions listed for Texas in the state trading
					 budget under 40 Code of Federal Regulations §96.140.
(b) A total amount of Clean Air Interstate
					 Rule NO x allowances equal to 9.5% of the
					 NOx trading budget identified under subsection (a) of
					 this section must be set-aside for allocation to new units.
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 7 - CLEAN AIR INTERSTATE RULE › Section 101.504 - Timing Requirements for Clean Air Interstate Rule Oxides of Nitrogen Allowance Allocations

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
					 director shall submit to the United States Environmental Protection Agency
					 (EPA) the Clean Air Interstate Rule (CAIR) oxides of nitrogen
					 (NOX) allowance allocations determined in accordance
					 with §
											101.506(c)
					 of this title (relating to Clean Air Interstate Rule Oxides of Nitrogen
					 Allowance Allocations) by the following dates:
(1) October 31, 2006, for the 2009 - 2014
					 control periods;
(2) October 31,
					 2011, for the 2015 control period;
(3) October 31, 2012, for the 2016 control
					 period; and
(4) 38 months prior to
					 the beginning of each applicable control period for the control period
					 beginning in 2017 and for each control period thereafter.
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 7 - CLEAN AIR INTERSTATE RULE › Section 101.506 - Clean Air Interstate Rule Oxides of Nitrogen Allowance Allocations

Current through Reg. 49, No. 28; July 12, 2024
(a) For units commencing operation before
					 January 1, 2001:
(1) for each control period
					 in 2009 - 2017, the baseline heat input, in million British thermal units
					 (MMBtu), is the average of the three highest amounts of the unit's adjusted
					 control period heat input for 2000 - 2004 with the adjusted control period heat
					 input for each year calculated as follows:
(A)
					 if the unit is coal-fired during the year, the unit's control period heat input
					 for such year is multiplied by 90%;
(B) if the unit is natural gas-fired during
					 the year, the unit's control period heat input for such year is multiplied by
					 50%; and
(C) if the unit is not
					 subject to subparagraph (A) or (B) of this paragraph, the unit's control period
					 heat input for such year is multiplied by 30%.
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 7 - CLEAN AIR INTERSTATE RULE › Section 101.508 - Compliance Supplement Pool

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition
					 to the Clean Air Interstate Rule (CAIR) oxides of nitrogen
					 (NOx) allowances allocated under §
											101.506
					 of this title (relating to Clean Air Interstate Rule Oxides of Nitrogen
					 Allowance Allocations), the executive director may allocate for the control
					 period in 2009 up to the amount of CAIR NOx allowances
					 listed as the compliance supplement pool for Texas under 40 Code of Federal
					 Regulations (CFR) §96.143.
(b)
					 For any CAIR NOx unit that achieves
					 NOx emission reductions in 2007 and 2008 that are not
					 necessary to comply with any state or federal emissions limitation applicable
					 during such years, the CAIR designated representative of the unit may request
					 early reduction credits and allocation of CAIR NOx
					 allowances from the compliance supplement pool under subsection (a) of this
					 section for such early reduction credits, in accordance with the following.
(1) The owners and operators of such CAIR NO
					 x unit shall monitor and report the
					 NOx emissions rate and the heat input of the unit in
					 accordance with 40 CFR Part 96, Subpart HH for the entire control period for
					 which early reduction credit is requested.
(2) The CAIR designated representative of
					 such CAIR NOx unit shall submit to the executive
					 director by July 1, 2009, a written request for allocation of an amount of CAIR
					 NO x allowances from the compliance supplement pool not
					 exceeding the sum of the amounts, in tons, of the unit's
					 NOx emission reductions in 2007 and 2008 that are not
					 necessary to comply with any state or federal emissions limitation applicable
					 during such years, determined in accordance with 40 CFR Part 96, Subpart
					 HH.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter J - EXPEDITED PERMITTING › Section 101.600 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator may request the
				  expedited processing of an application filed under Chapter 106, 116, or 122 of
				  this title (relating to Permits by Rule; Control of Air Pollution by Permits
				  for New Construction or Modification; and Federal Operating Permits Program,
				  respectively) if the applicant demonstrates that the purpose of the application
				  will benefit the economy of this state or an area of this state.
(b) Subject to the availability of commission
				  resources for expediting permit applications, the executive director may
				  expedite the processing of an application filed under Chapter 106, 116 or 122
				  of this title if the executive director determines that expediting it will
				  benefit the economy of this state or an area of this state.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter J - EXPEDITED PERMITTING › Section 101.601 - Surcharge

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director may add a
				  surcharge for an expedited application filed under Chapter 106, 116, or 122 of
				  this title (relating to Permits by Rule; Control of Air Pollution by Permits
				  for New Construction or Modification; and Federal Operating Permits Program,
				  respectively) in an amount sufficient to cover the expenses incurred by
				  expediting it, including overtime, full-time equivalent commission employees,
				  contract labor, and other costs.
(b) Any surcharge will be remitted in the
				  form of a check, certified check, electronic funds transfer, or money order
				  made payable to the Texas Commission on Environmental Quality (TCEQ) or TCEQ
				  and delivered with the application to the TCEQ, P.O. Box 13088, MC 214, Austin,
				  Texas 78711-3088. Applications filed under Chapter 106, 116, or 122 of this
				  title as described in this subchapter will not be considered for expedited
				  processing until the surcharge is received.
(c) If the cost of processing an expedited
				  application under this subchapter exceeds the collected surcharge amount, the
				  executive director may assess and collect additional surcharge(s) from the
				  applicant to cover the additional costs of expediting the permit. The executive
				  director will not grant final approval under Chapter 106, 116, or 122 of this
				  title if an outstanding surcharge amount is due.
(d) The executive director may refund any
				  unused portion of the surcharge.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter J - EXPEDITED PERMITTING › Section 101.602 - Public Notice

Current through Reg. 49, No. 28; July 12, 2024
When existing public notice requirements must be met and
					 the applicant pays a surcharge as described in §
										101.601 of
					 this title (relating to Surcharge), the applicable public notice must indicate
					 that the application is being processed in an expedited
					 manner.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 106 - PERMITS BY RULE › Subchapter A - GENERAL REQUIREMENTS › Section 106.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter identifies certain types of facilities or
					 changes within facilities which the commission has determined will not make a
					 significant contribution of air contaminants to the atmosphere pursuant to the
					 Texas Health and Safety Code, the TCAA, §382.057 and
					 §382.05196.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 106 - PERMITS BY RULE › Subchapter A - GENERAL REQUIREMENTS › Section 106.2 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This chapter applies to certain types of facilities or
					 changes within facilities listed in this chapter where construction is
					 commenced on or after the effective date of the relevant permit by rule. This
					 chapter does not apply to emissions of greenhouse gases (as defined in §
										101.1 of
					 this title (relating to Definitions)).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 106 - PERMITS BY RULE › Subchapter A - GENERAL REQUIREMENTS › Section 106.4 - Requirements for Permitting by Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				  qualify for a permit by rule, the following general requirements must be met.
(1) Total actual emissions authorized under
				  permit by rule from the facility shall not exceed the following limits, as
				  applicable:
(A) 250 tons per year (tpy) of
				  carbon monoxide (CO) or nitrogen oxides (NOX);
(B) 25 tpy of volatile organic compounds
				  (VOC), sulfur dioxide (SO2), or inhalable particulate
				  matter (PM);
(C) 15 tpy of
				  particulate matter with diameters of 10 microns or less
				  (PM10);
(D)
				  10 tpy of particulate matter with diameters of 2.5 microns or less
				  (PM2.5); or
(E) 25 tpy of any other air contaminant
				  except:
(i) water, nitrogen, ethane, hydrogen,
				  and oxygen; and
(ii)
				  notwithstanding any provision in any specific permit by rule to the contrary,
				  greenhouse gases as defined in §
													101.1 of
				  this title (relating to Definitions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 106 - PERMITS BY RULE › Subchapter A - GENERAL REQUIREMENTS › Section 106.6 - Registration of Emissions

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				  operator may certify and register the maximum emission rates from facilities
				  permitted by rule under this chapter in order to establish
				  federally-enforceable allowable emission rates which are below the emission
				  limitations in §
										106.4
				  of this title (relating to Requirements for Permitting by Rule).
(b) All representations with regard to
				  construction plans, operating procedures, and maximum emission rates in any
				  certified registration under this section become conditions upon which the
				  facility permitted by rule shall be constructed and operated.
(c) It shall be unlawful for any person to
				  vary from such representation if the change will cause a change in the method
				  of control of emissions, the character of the emissions, or will result in an
				  increase in the discharge of the various emissions, unless the certified
				  registration is first revised.
(d)
				  The certified registration must include documentation of the basis of emission
				  estimates and a written statement by the registrant certifying that the maximum
				  emission rates listed on the registration reflect the reasonably anticipated
				  maximums for operation of the facility.
(e) Certified registrations used to
				  demonstrate that Chapter 122 of this title (relating to Federal Operating
				  Permits) does not apply to a source shall be submitted on the required form to
				  the executive director; to the appropriate commission regional office; and to
				  all local air pollution control agencies having jurisdiction over the site.
(1) Certified registrations established prior
				  to the effective date of this rule shall be submitted on or before February 3,
				  2003.
(2) Certified registrations
				  established on or after the effective date of this rule shall be submitted no
				  later than the date of operation.