Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.27 - Emissions Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  The owner or operator of an account that is required to obtain a federal
				  operating permit as described in Chapter 122 of this title (relating to Federal
				  Operating Permits Program) shall remit to the commission an emissions fee each
				  fiscal year. A fiscal year is defined as the period from September 1 through
				  August 31. A fiscal year, having the same number as the next calendar year,
				  begins on the September 1 prior to that calendar year. Each account will be
				  assessed a separate emissions fee. An account subject to both an emissions fee
				  and an inspection fee, under §
										101.24
				  of this title (relating to Inspection Fees), is required to pay only the
				  greater of the two fees. The commission will not initiate the combination or
				  separation of accounts solely for fee assessment purposes. If an account is
				  operated at any time during the fiscal year that a fee is being assessed, a
				  full emissions fee is due. If the commission is notified in writing that the
				  account is not and will not be in operation during that fiscal year, a fee will
				  not be due.
(b) Self
				  reported/billed information. Emissions/inspection fees information packets will
				  be mailed to each account owner or operator prior to the fiscal year that a fee
				  is due. The completed emissions/inspection fees basis form must be returned to
				  the address specified on the emissions/inspection fees basis form within 60
				  calendar days of the date the agency sends the emissions fees information
				  packet. The completed emissions/inspection fees basis form must include, at
				  least, the company name, mailing address, site name, all commission
				  identification numbers, applicable Standard Industrial Classification (SIC)
				  category, the emissions of all regulated air pollutants at the account for the
				  reporting period, and the name and telephone number of the person to contact in
				  case questions arise regarding the fee payment. If more than one SIC category
				  can apply to an account, the category reported must be the one with the highest
				  associated fee as listed in §
										101.24
				  of this title. Subsequent to a review of the information submitted, a billing
				  statement of the fee assessment will be sent to the account owner or
				  operator.
(c) Requesting fee
				  information packet. If an account owner or operator has not received the fee
				  information packet described in subsection (b) of this section by June 1 prior
				  to the fiscal year that a fee is due, the owner or operator of the account
				  shall notify the commission by July 1 prior to the fiscal year that a fee is
				  due. For accounts that begin or resume operation after September 1, the owner
				  or operator of the account shall request an information packet within 30
				  calendar days prior to commencing operation.
(d) Payment. Fees must be remitted by check,
				  certified check, electronic funds transfer, or money order and sent to the
				  address printed on the billing statement.
(e) Due date. Payment of the emissions fee is
				  due within 30 calendar days of the date the agency sends a statement of the
				  assessment to the account owner or operator.
(f) Basis for fees.
(1) The fee must be based on allowable levels
				  or actual emissions at the account. For purposes of this section, allowable
				  levels are those limits as specified in an enforceable document such as a
				  permit, certified registration of emissions, or Commission Order that are in
				  effect during the fiscal year that a fee is due and actual emissions are the
				  emissions of all regulated pollutants emitted from the account during the last
				  full calendar year preceding the beginning of the fiscal year that a fee is
				  due. Under no circumstances may the fee basis be less than the actual emissions
				  at the account. The fee applies to the regulated pollutant emissions at the
				  account, including those emissions from point and fugitive sources. The fee
				  basis must include emissions during all operational conditions, including all
				  emissions from emissions events and maintenance, startup, and shutdown
				  activities as described in Subchapter F of this chapter (relating to Emissions
				  Events and Scheduled Maintenance, Startup, and Shutdown Activities). Although
				  certain fugitive emissions are excluded for applicability determination
				  purposes under subsection (a) of this section, all fugitive emissions must be
				  considered for fee calculations after applicability of the fee has been
				  established. A maximum of 4,000 tons of each regulated pollutant will be used
				  for fee calculations. The fee for each fiscal year is set at the following
				  rates.
Attached
					 Graphic
(2) The
				  emissions tonnage for the account for fee calculation purposes will be the sum
				  of those allowable levels or actual emissions for individual emission points or
				  process units at the account rounded up to the nearest whole number, as
				  follows.
(A) Where there is an enforceable
				  document such as a permit, certified registration of emissions, or a Commission
				  Order establishing allowable levels for individual emission points or process
				  units, the actual emissions from all individual emission points and process
				  units at the account may be used to calculate the fee basis only if a complete
				  and verifiable emissions inventory for the account is submitted as described in
				  §
												101.10
				  of this title (relating to Emissions Inventory Requirements). Where a complete
				  and verifiable emissions inventory is not submitted, the executive director may
				  direct that the fee be based on all of the allowable levels for the
				  account.
(B) Where there is not an
				  enforceable document such as a permit, certified registration of emissions, or
				  a Commission Order establishing allowable levels for individual emissions
				  points or process units; actual emissions from all individual emission points
				  and process units must be used to calculate the fee basis. Actual production,
				  throughput, or measurement records must be submitted along with complete
				  documentation of calculation methods. Thorough justification is required for
				  all assumptions made and emission factors used in such calculations.
(3) For purposes of this section,
				  the term "regulated pollutant" includes any volatile organic compound, any
				  pollutant subject to Federal Clean Air Act (FCAA), §111, any pollutant
				  listed as a hazardous air pollutant under FCAA, §112, each pollutant that
				  a national primary ambient air quality standard has been promulgated (including
				  carbon monoxide), and any other air pollutant subject to requirements under
				  commission rules, regulations, permits, orders of the commission, or court
				  orders. For purposes of this section, the term "regulated pollutant" does not
				  include individual gases listed in the definition of greenhouse
				  gases.