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 B - FAILURE TO ATTAIN FEE › Section 101.120 - Eligibility for Equivalent Alternative Obligation

Current through Reg. 49, No. 28; July 12, 2024
(a) Alternative option. Notwithstanding any
				  requirement in this subchapter, the owner or operator of Section 185 Accounts
				  obligated to pay a Failure to Attain Fee may submit a request to the executive
				  director to partially or completely fulfill the Failure to Attain Fee
				  obligation with an equivalent alternative obligation in compliance with the
				  requirements with §
										101.121
				  and §
										101.122
				  of this title (relating to Equivalent Alternative Obligation and Using
				  Supplemental Environmental Project to Fulfill an Equivalent Alternative
				  Obligation, respectively).
(1) A Failure to
				  Attain Fee obligation from volatile organic compounds (VOC) or nitrogen oxides
				  (NO) emissions from Section 185 Accounts not fulfilled under this section will
				  remain separate and due from each regulated entity.
(2) Fee obligation from VOC and/or NO
				  emissions not fulfilled under this section will be calculated by the method
				  described in §
											101.113
				  of this title (relating to Failure to Attain Fee Obligation).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter B - FAILURE TO ATTAIN FEE › Section 101.121 - Equivalent Alternative Obligation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  owner or operator of a Section 185 Account subject to this subchapter may
				  submit a request to partially or completely fulfill its §185 Failure to
				  Attain Fee obligation by substituting emission reductions, on a volatile
				  organic compounds or nitrogen oxides specific basis, in an amount equivalent to
				  the tons on which the Failure to Attain Fee has been assessed by relinquishing
				  an equivalent amount of any combination of:
(1) emissions reduction credits;
(2) discrete emission reduction
				  credits;
(3) current or banked
				  Highly-Reactive Volatile Organic Compound Emissions Cap and Trade program
				  allowances; and/or
(4) current or
				  banked Mass Emissions Cap and Trade program allowances.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter B - FAILURE TO ATTAIN FEE › Section 101.122 - Using Supplemental Environmental Project to Fulfill an Equivalent Alternative Obligation

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner
				  and/or operator of a Section 185 Account subject to this subchapter may submit
				  a request to partially or completely fulfill its Failure to Attain Fee
				  obligation by contributing to a Supplemental Environmental Project (SEP), on a
				  volatile organic compounds (VOC) or nitrogen oxides (NO) specific basis by
				  either:
(1) an amount equivalent to the tons
				  on which the Failure to Attain Fee has been assessed; or
(2) an amount equivalent to the Failure to
				  Attain Fee amount assessed.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter C - VOLUNTARY SUPPLEMENTAL LEAK DETECTION PROGRAM › Section 101.150 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  The purpose of this subchapter is to provide a program that encourages and
				  provides incentives for voluntary monitoring of components not subject to
				  commission rules for leak detection and repair in effect on the date of
				  detection, using remote sensing technologies, such as optical gas imaging
				  technology. Participation under this subchapter is voluntary. Failure to comply
				  with the requirements of this subchapter results in ineligibility for an
				  incentive in §
										101.155 of
				  this title (concerning Program Incentives). Failure to comply with any
				  requirement of this subchapter is not a violation of a commission permit or
				  rule subject to commission enforcement action.
(b) Applicability. The following sources are
				  eligible for participation in the program - any authorized equipment or
				  facilities in VOC service, including processing, storage, and transfer:
(1) that are not subject to a required
				  fugitive monitoring program; or
(2)
				  where an alternative leak detection method is not the monitoring method
				  required in a permit or rule.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter C - VOLUNTARY SUPPLEMENTAL LEAK DETECTION PROGRAM › Section 101.151 - Voluntary Supplemental Leak Detection Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Alternative leak detection
				  technology--Technology other than that specified by the United States
				  Environmental Protection Agency Method 21, including optical gas imaging
				  technology, designed to detect emissions of air contaminants.
(b) Imaging--A means or process of making
				  emissions visible that may otherwise be invisible to the naked eye.
(c) Leak--For purposes of this subchapter, a
				  leak is any emissions imaged by an optical gas imaging instrument, as defined
				  in this section.
(d) Optical gas
				  imaging instrument--An instrument that makes emissions visible that may
				  otherwise be invisible to the naked eye.
(e) Repair--The adjustment or alteration of a
				  component in order to eliminate a leak.
(f) Supplemental detection method--Any leak
				  detection method that supplements or adds to an existing technology approved by
				  the executive director such as 40 Code of Federal Regulations Part 60, Appendix
				  A-7, Method 21 monitoring program.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter C - VOLUNTARY SUPPLEMENTAL LEAK DETECTION PROGRAM › Section 101.153 - Voluntary Supplemental Leak Detection Program

Current through Reg. 49, No. 28; July 12, 2024
(a) General program objective. Owners or
				  operators are encouraged to voluntarily and routinely use an alternative leak
				  detection technology to detect and repair leaks not otherwise
				  detectable.
(b) Elements of an
				  approvable program. In order to be considered for approval a program must
				  include, at a minimum:
(1) A schedule for leak
				  surveys to be conducted at least once per year.
(2) If optical gas imaging is the
				  supplemental detection method used, then the leak detection devices shall meet
				  the following specifications:
(A) the
				  requirements of 40 Code of Federal Regulations (CFR) §60.18(i)(1)
				  (December 22, 2008); and,
(B) the
				  requirements of the daily instrument check as specified in
				  40 CFR
				  §60.18(i)(2) (December
				  22, 2008).
(3) The daily
				  instrument check must be performed by each person that is performing imaging
				  for that day.
(4) If optical gas
				  imaging is the supplemental detection method used, any person that performs the
				  supplemental leak detection of this subchapter shall comply with the following
				  minimum training requirements:
(A) The
				  operator of the optical gas imaging instrument must receive a minimum of 24
				  hours of initial training on the optical gas imaging instrument before using
				  the instrument for the purposes of the supplemental leak detection in this
				  section.
(B) Operators using
				  optical gas imaging instruments for this supplemental leak detection shall
				  comply with one of the following requirements for on-going training purposes:
(i) operators shall attend an annual
				  eight-hour refresher training class on the optical gas imaging instrument used
				  for this supplemental leak detection; or
(ii) operators shall maintain a minimum of
				  100 hours annually of hands-on operational experience with the model of optical
				  gas imaging instrument used for the supplemental leak detection. Operators
				  electing this option shall maintain a written record of the operator's
				  operational experience with the optical gas imaging instrument.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter C - VOLUNTARY SUPPLEMENTAL LEAK DETECTION PROGRAM › Section 101.155 - Program Incentives

Current through Reg. 49, No. 28; July 12, 2024
If leaks are detected and repairs are completed and
					 recorded in compliance with this subchapter, one or both of the following
					 incentives will be awarded:
(1)
				  Compliance history-based penalty reductions. The participation of the owner or
				  operator in this program may be applied to the Compliance History in a manner
				  consistent with Chapter 60 of this title (relating to Compliance History;
				  or,
(2) Conditional limit to
				  enforcement action. To the extent consistent with federal requirements, the
				  commission may not take an enforcement action against an owner or operator of a
				  facility participating in the program established under this subchapter for a
				  leak or an emission of an air contaminant that would otherwise be punishable as
				  a violation of the law or of the terms of the permit under which the facility
				  operates if the leak or emission was detected by using alternative technology
				  and it would not have been detected under the commission's regulatory program
				  for leak detection and repair in effect on the date of the detection.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter F - EMISSIONS EVENTS AND SCHEDULED MAINTENANCE, STARTUP, AND SHUTDOWN ACTIVITIES › Division 1 - EMISSIONS EVENTS › Section 101.201 - Emissions Event Reporting and Recordkeeping Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The following requirements for reportable
					 emissions events apply.
(1) As soon as
					 practicable, but not later than 24 hours after the discovery of an emissions
					 event, the owner or operator of a regulated entity shall:
(A) determine if the event is a reportable
					 emissions event; and
(B) notify the
					 commission office for the region in which the regulated entity is located, and
					 all appropriate local air pollution control agencies with jurisdiction, if the
					 emissions event is reportable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter F - EMISSIONS EVENTS AND SCHEDULED MAINTENANCE, STARTUP, AND SHUTDOWN ACTIVITIES › Division 3 - OPERATIONAL REQUIREMENTS, DEMONSTRATIONS, AND ACTIONS TO REDUCE EXCESSIVE EMISSIONS › Section 101.221 - Operational Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) All pollution
					 emission capture equipment and abatement equipment must be maintained in good
					 working order and operated properly during facility operations. Emission
					 capture and abatement equipment must be considered to be in good working order
					 and operated properly when operated in a manner such that each facility is
					 operating within authorized emission limitations.
(b) Smoke generators and other devices used
					 for training inspectors in the evaluation of visible emissions at a training
					 school approved by the commission are not required to meet the allowable
					 emission levels set by the rules, but must be located and operated such that a
					 nuisance is not created at any time.
(c) Equipment, machines, devices, flues,
					 and/or contrivances built or installed to be used at a domestic residence for
					 domestic use are not required to meet the allowable emission levels set by the
					 rules unless specifically required by a particular rule.
(d) Sources emitting air contaminants that
					 cannot be controlled or reduced due to a lack of technological knowledge may be
					 exempt from the applicable rules when so determined and ordered by the
					 commission. The commission may specify limitations and conditions as to the
					 operation of such exempt sources. The commission will not exempt sources from
					 complying with any federal requirements, including New Source Performance
					 Standards (40 Code of Federal Regulations Part 60) and National Emission
					 Standards for Hazardous Air Pollutants (40 Code of Federal Regulations Parts 61
					 and 63).
(e) The owner or operator
					 of a facility has the burden of proof to demonstrate that the applicable
					 criteria identified in §
											101.222
					 (relating to Demonstrations) are satisfied.
(f) This section does not limit the
					 commission's power to require corrective action as necessary to minimize
					 emissions, or to order any action indicated by the circumstances to control a
					 condition of air pollution.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter F - EMISSIONS EVENTS AND SCHEDULED MAINTENANCE, STARTUP, AND SHUTDOWN ACTIVITIES › Division 3 - OPERATIONAL REQUIREMENTS, DEMONSTRATIONS, AND ACTIONS TO REDUCE EXCESSIVE EMISSIONS › Section 101.222 - Demonstrations

Current through Reg. 49, No. 28; July 12, 2024
(a) Excessive emissions event determinations.
					 The executive director shall determine when emissions events are excessive. To
					 determine whether an emissions event or emissions events are excessive, the
					 executive director will evaluate emissions events using the following criteria:
(1) the frequency of the facility's emissions
					 events;
(2) the cause of the
					 emissions event;
(3) the quantity
					 and impact on human health or the environment of the emissions event;
(4) the duration of the emissions
					 event;
(5) the percentage of a
					 facility's total annual operating hours during which emissions events occur;
					 and
(6) the need for startup,
					 shutdown, and maintenance activities.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter F - EMISSIONS EVENTS AND SCHEDULED MAINTENANCE, STARTUP, AND SHUTDOWN ACTIVITIES › Division 3 - OPERATIONAL REQUIREMENTS, DEMONSTRATIONS, AND ACTIONS TO REDUCE EXCESSIVE EMISSIONS › Section 101.223 - Actions to Reduce Excessive Emissions

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director will provide
					 written notification to an owner or operator of a facility upon determination
					 that a facility has had one or more excessive emissions events. The written
					 notification must contain, at a minimum, a description of the emissions events
					 that were determined to be excessive and the time period when those excessive
					 emissions events were evaluated. Upon receipt of this notice, the owner or
					 operator of the facility must take action to reduce emissions and shall either
					 file a corrective action plan (CAP) or, if the emissions are sufficiently
					 frequent, quantifiable, and predictable, in which case the owner or operator
					 may file a letter of intent to obtain authorization from the commission for
					 emissions from such events, in lieu of a CAP.
(1) When a CAP is required, the owner or
					 operator must submit a CAP to the commission office for the region and local
					 air pollution agency with jurisdiction in which the facility is located within
					 60 days after receiving notification from the executive director that a
					 facility has had one or more excessive emissions events. The 60-day period may
					 be extended once for up to 15 days by the executive director. The CAP must, at
					 a minimum:
(A) identify the cause or causes of
					 each excessive emissions event, including all contributing factors that led to
					 each emissions event;
(B) specify
					 the control devices or other measures that are reasonably designed to prevent
					 or minimize similar emissions events in the future;
(C) identify operational changes the owner or
					 operator will take to prevent or minimize similar emissions events in the
					 future; and
(D) specify time frames
					 within which the owner or operator will implement the components of the
					 CAP.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter F - EMISSIONS EVENTS AND SCHEDULED MAINTENANCE, STARTUP, AND SHUTDOWN ACTIVITIES › Division 3 - OPERATIONAL REQUIREMENTS, DEMONSTRATIONS, AND ACTIONS TO REDUCE EXCESSIVE EMISSIONS › Section 101.224 - Temporary Exemptions During Drought Conditions

Current through Reg. 49, No. 28; July 12, 2024
Owners and operators of sources located in an area or
						region which has been classified by the National Weather Service as being in a
						severe or extreme drought condition under the Palmer Drought Severity Index for
						at least 30 days that are required to control emissions through the application
						or use of water may request a temporary exemption from any commission air
						quality rule, permit condition, permit representation, standard exemption
						condition, or commission order. This section does not allow for an exemption
						from any federal requirement.
(1) The
					 request must be submitted in writing to the Office of Permitting, Remediation,
					 and Registration, Air Permits Division, and include at a minimum the following
					 information:
(A) the site-specific
					 circumstances that prevent the continued or limited use of water;
(B) the specific rule, permit condition,
					 permit representation, standard exemption condition, or commission order from
					 which an exemption is being requested; and
(C) the reasonably available alternative
					 control measures which will be undertaken to minimize emissions.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter F - EMISSIONS EVENTS AND SCHEDULED MAINTENANCE, STARTUP, AND SHUTDOWN ACTIVITIES › Division 4 - VARIANCES › Section 101.231 - Petition for Variance

Current through Reg. 49, No. 28; July 12, 2024
Any person seeking a variance, amendment of a variance,
						or extension of a variance issued to that person shall file a petition on a
						form prepared by the commission. The form shall be furnished by the commission
						without charge upon request. In order to obtain a variance past the date by
						which compliance is to be achieved, a person must have demonstrated continuous
						and substantial progress toward compliance before the date of
						petition.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter F - EMISSIONS EVENTS AND SCHEDULED MAINTENANCE, STARTUP, AND SHUTDOWN ACTIVITIES › Division 4 - VARIANCES › Section 101.232 - Effect of Acceptance of Variance or Permit

Current through Reg. 49, No. 28; July 12, 2024
Acceptance of a variance or a permit constitutes an
						acknowledgment and agreement that the holder will comply with its terms, and
						with the rules, regulations, and orders of the commission adopted under the
						TCAA.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter F - EMISSIONS EVENTS AND SCHEDULED MAINTENANCE, STARTUP, AND SHUTDOWN ACTIVITIES › Division 4 - VARIANCES › Section 101.233 - Variance Transfers

Current through Reg. 49, No. 28; July 12, 2024
A variance or a permit is granted in person, and does not
						attach to the realty to which it relates. A variance cannot be transferred
						without prior notification to the commission. If a transfer of ownership of a
						source covered by a variance is contemplated by the holder of the variance, and
						the source and characteristics of the emissions will remain unchanged, upon
						notification, the executive director shall issue an endorsement to the variance
						reflecting the name of the new owner. Continuation of emissions by the new
						owner without prior notification to the commission makes the variance subject
						to forfeiture.
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 1 - EMISSION CREDIT PROGRAM › Section 101.301 - 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 emission credits by
						reducing emissions beyond the level required by any applicable local, state, or
						federal requirement and to allow the owner or operator of a facility or mobile
						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 1 - EMISSION CREDIT PROGRAM › Section 101.302 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicable
					 pollutants.
(1) An emission credit may be
					 generated from a reduction of a criteria pollutant, excluding lead, or a
					 precursor of a criteria pollutant for which an area is designated
					 nonattainment.
(2) An 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 by §
												101.306(d)
					 of this title (relating to 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 1 - EMISSION CREDIT PROGRAM › Section 101.303 - Emission Reduction Credit Generation and Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Emission reduction strategy.
(1) An emission reduction credit (ERC) may be
					 generated using one of the following strategies or any other method that is
					 approved by the executive director:
(A) the
					 permanent shutdown of a facility that causes a loss of capability to produce
					 emissions;
(B) the installation and
					 operation of pollution control equipment that reduces emissions below baseline
					 emissions for the facility;
(C) a
					 change in a manufacturing process that reduces emissions below baseline
					 emissions for the facility;
(D) a
					 permanent curtailment in production that reduces the facility's capability to
					 produce emissions; or
(E) pollution
					 prevention projects that produce surplus emission reductions.
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 1 - EMISSION CREDIT PROGRAM › Section 101.304 - Mobile Emission Reduction Credit Generation and Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Methods of generation.
(1) Mobile emission reduction credits (MERC)
					 may be generated by any mobile source emission reduction strategy that creates
					 actual mobile source emission reductions under these rules and subject to the
					 approval of the executive director.
(2) MERCs 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;
(C) reduction strategies
					 resulting in secondary emissions increases that exceed limits established under
					 state or federal rules or regulations; or
(D) the shutdown or replacement of a mobile
					 source unless that source is rendered permanently inoperable or permanently
					 removed from North America.
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 1 - EMISSION CREDIT PROGRAM › Section 101.305 - Emission Reductions Achieved Outside the United States

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility may use 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
					 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 1 - EMISSION CREDIT PROGRAM › Section 101.306 - Emission Credit Use

Current through Reg. 49, No. 28; July 12, 2024
(a) Uses for
					 emission credits. Unless precluded by a commission order or a condition or
					 conditions within an authorization under the same commission account number,
					 emission credits may be used as the following:
(1) offsets for a new source, as defined in
					 §
												101.1 of
					 this title (relating to Definitions), or major modification to an existing
					 source;
(2) mitigation offsets for
					 action by federal agencies under 40 Code of Federal Regulations Part 93,
					 Subpart B, Determining Conformity of General Federal Actions to State or
					 Federal Implementation Plans;
(3)
					 an alternative means of compliance with volatile organic compound and nitrogen
					 oxides reduction requirements to the extent allowed in Chapters 115 and 117 of
					 this title (relating to Control of Air Pollution from Volatile Organic
					 Compounds; and Control of Air Pollution from Nitrogen Compounds);
(4) reductions certified as emission credits
					 may be used in netting by the original applicant, if not used, sold, reserved
					 for use, or otherwise relied upon, as provided by Chapter 116, Subchapter B of
					 this title (relating to New Source Review Permits); or
(5) compliance with other requirements as
					 allowed in any applicable local, state, and federal requirement.
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 1 - EMISSION CREDIT PROGRAM › Section 101.309 - Emission Credit Banking and Trading

Current through Reg. 49, No. 28; July 12, 2024
(a) The credit registry. All emission credit
					 generators, users, and holders will be included in the commission's credit
					 registry.
(1) All notices of generation, use,
					 and transfer will be 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.
(3) The credit registry
					 will maintain a listing of all credits available for each ozone nonattainment
					 area.
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 1 - EMISSION CREDIT PROGRAM › Section 101.311 - 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 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
					 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 of the date
					 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 2 - EMISSIONS BANKING AND TRADING ALLOWANCES › Section 101.331 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This division applies only to the following:
(1) electric generating facilities permitted
					 under Chapter 116, Subchapter I of this title (relating to Electric Generating
					 Facility Permits); and
(2)
					 brokers.
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 2 - EMISSIONS BANKING AND TRADING ALLOWANCES › Section 101.332 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Allowances are
					 valid only for the purposes of meeting the requirements of this division and
					 for meeting the requirements of Chapter 116, Subchapter I of this title
					 (relating to Electric Generating Facility Permits), and cannot be used to meet
					 or exceed the limitations of any annual emission limitation authorized under
					 Chapter 116, Subchapter B of this title (relating to New Source Review Permits)
					 or any applicable rule or law.
(b)
					 On June 1 after every control period, a grandfathered or electing electric
					 generating facility (EGF) shall hold a quantity of allowances in its compliance
					 account that is equal to or greater than the total emissions of that air
					 contaminant emitted during the prior control period. Compliance with the
					 allowance system will begin with the control period beginning May 1,
					 2003.
(c) Emission reductions used
					 to satisfy the requirements of the Emissions Banking and Trading of Allowances
					 (EBTA) program cannot be used to generate emission reduction credits or
					 discrete emission reduction credits.
(d) Allowances cannot be used for netting
					 requirements to avoid the applicability of federal and state new source review
					 (NSR) requirements.
(e) Allowances
					 cannot be used to satisfy offset requirements for new or modified sources
					 subject to federal nonattainment NSR requirements.
(f) An allowance does not constitute a
					 security or a property right.
(g)
					 All allowances will be allocated, transferred, or used as whole allowances. To
					 determine the number of whole allowances, the number of allowances will be
					 rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or
					 greater.
(h) One compliance account
					 shall be used for multiple EGFs permitted under Chapter 116, Subchapter I of
					 this title located at the same property and under common ownership or
					 control.
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 2 - EMISSIONS BANKING AND TRADING ALLOWANCES › Section 101.333 - Allocation of Allowances

Current through Reg. 49, No. 28; July 12, 2024
Allowances will be allocated according to the
						requirements of this section.
(1)
					 Except as provided in paragraphs (2) and (3) of this section, allowances will
					 be calculated for grandfathered electric generating facilities (EGF) using the
					 following equation:
Attached
						Graphic
(A) In the East
					 Texas Region:
(i) 0.14 pound nitrogen oxides
					 (NOx) per MMBtu;
(ii) 1.38 pounds sulfur dioxide
					 (SO2) per MMBtu only for coal-fired grandfathered
					 EGFs.
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 2 - EMISSIONS BANKING AND TRADING ALLOWANCES › Section 101.334 - Allowance Deductions

Current through Reg. 49, No. 28; July 12, 2024
Allowances will be deducted from a grandfathered or
						electing electric generating facility's (EGF) compliance account for a control
						period based upon the following.
(1)
					 The following will have deducted from their compliance accounts allowances
					 equal to the number of tons of air contaminant emitted during the control
					 period as reported in compliance with §101.336 (relating to Emission
					 Monitoring, Compliance Demonstration, and Reporting.
(A) grandfathered EGFs; and
(B) electing EGFs whose heat input for the
					 control period is equal to or greater than its heat input for 1997;
(C) electing EGFs whose heat input for the
					 control period is less than its heat input for 1997 where the reduced
					 utilization or shutdown has been replaced by another EGF permitted under
					 Chapter 116, Subchapter I of this title (relating to Electric Generating
					 Facility Permits).
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 2 - EMISSIONS BANKING AND TRADING ALLOWANCES › Section 101.335 - Allowance Banking and Trading

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Allowances not used for compliance during a control period may be banked for
					 use in subsequent control periods. Allowances may only be used for the control
					 period for which they were allocated or subsequent control periods, and may
					 only be used within the same region where they were originally
					 allocated.
(b) Allowances may be
					 traded at any time during the control period.
(1) Only authorized account representatives
					 may trade allowances.
(2)
					 Notification of trades must occur within 30 days after the trade.
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 2 - EMISSIONS BANKING AND TRADING ALLOWANCES › Section 101.336 - Emission Monitoring, Compliance Demonstration, and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Emission monitoring and reporting shall
					 be conducted in accordance with §
											116.914
					 of this title (relating to Emissions Monitoring and Reporting
					 Requirements).
(b) For each control
					 period, grandfathered or electing electric generating facilities (EGF), must
					 submit a report to the commission by June 30 of each year detailing the
					 following:
(1) the amount of emissions of
					 each allocated air contaminant during the preceding control period.
(2) a summary of all final trades 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 2 - EMISSIONS BANKING AND TRADING ALLOWANCES › Section 101.337 - El Paso Region

Current through Reg. 49, No. 28; July 12, 2024
(a) A grandfathered
					 or electing electric generating facility (EGF) in the El Paso Region may meet
					 the emissions allowances by using credits from emissions reductions achieved in
					 the City of Juarez, United States of Mexico and from EGFs located in Sunland
					 Park, New Mexico. Emission reductions under this section must meet the
					 following criteria.
(1) The emission
					 reduction must be:
(A) enforceable by the
					 commission;
(B) permanent, meaning
					 that the emission reduction is unchanging for the remaining life of the
					 source;
(C) quantifiable, so that
					 the emission reduction can be measured or estimated with confidence using
					 replicable techniques;
(D) surplus,
					 such that the emission reduction is not otherwise required of a facility by a
					 state or federal law, regulation, or agreed order; and
(E) a real reduction in which actual
					 emissions are reduced.
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 2 - EMISSIONS BANKING AND TRADING ALLOWANCES › Section 101.338 - Emission Reductions Achieved Outside the United States

Current through Reg. 49, No. 28; July 12, 2024
(a) A grandfathered or electing electric
					 generating facility (EGF) may use reductions achieved outside the United States
					 of criteria pollutants or precursors of criteria pollutants to meet the
					 allowance holding requirements of this division if the facility meets the
					 requirements of subsection (c) of this section.
(b) A grandfathered or electing EGF may use
					 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 or
					 to meet the allowance holding requirements of this division 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 2 - EMISSIONS BANKING AND TRADING ALLOWANCES › Section 101.339 - 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 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 3 - MASS EMISSIONS CAP AND TRADE PROGRAM › Section 101.351 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This division applies to a site, and each
					 affected facility at that site, in the Houston-Galveston-Brazoria ozone
					 nonattainment area that:
(1) is a major
					 source, as defined in §
												117.10 of
					 this title (relating to Definitions), with one or more affected facilities
					 subject to §
												117.310
					 or §
												117.1210
					 of this title (relating to Emission Specifications for Attainment
					 Demonstration); or
(2) is not a
					 major source, as defined in §
												117.10 of
					 this title, and has one or more affected facilities subject to §
												117.2010
					 of this title (relating to Emission Specifications) with a collective
					 uncontrolled design capacity to emit from these facilities of 10.0 tons or more
					 per year of nitrogen oxides.
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 101.352 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) An allowance
					 may be used only for the purposes described in this division and only for an
					 affected facility. An allowance may not be used for any purpose that is not
					 described in this division or to meet or exceed the emission limitations
					 authorized under Chapter 116, Subchapter B of this title (relating to New
					 Source Review Permits) or any other applicable requirement.
(b) No later than March 1 after each control
					 period, the quantity of allowances in a site's compliance account must be equal
					 to or greater than the total tons of nitrogen oxides
					 (NOX) emitted from all affected facilities at the site
					 during the control period.
(c) The
					 owner or operator of an affected facility may certify reductions from the
					 facility as NOX emission reduction credits (ERCs),
					 provided that:
(1) an enforceable and
					 permanent reduction of annual allowances is approved by the executive director
					 at a ratio of 1.0 ton of allowances per year for each 1.0 ton per year of ERCs
					 generated; and
(2) all applicable
					 requirements of Division 1 of this subchapter (relating to Emission Credit
					 Program) are met.
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 101.353 - Allocation of Allowances

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 executive director shall deposit allowances into a compliance account according
					 to the following equation except as provided by subsection (b) or (g) of this
					 section.
Attached
						Graphic
(b) The
					 owner or operator of the following affected facilities shall acquire allowances
					 for each control period or the annual allocation from a facility already
					 participating under this division in accordance with §
											101.356
					 of this title (relating to Allowance Banking and Trading):
(1) a new or modified facility for which the
					 owner or operator submitted, under Chapter 116 of this title (relating to
					 Control of Air Pollution by Permits for New Construction or Modification), an
					 application that the executive director did not determine to be
					 administratively complete before January 2, 2001;
(2) a new or modified facility that qualified
					 for a permit by rule under Chapter 106 of this title (relating to Permits by
					 Rule) for which the owner or operator did not commence construction before
					 January 2, 2001;
(3) a facility in
					 operation before January 1, 1997 located at a site defined on or before
					 December 31, 2000 as a major source, as defined in §
												117.10 of
					 this title (relating to Definitions), for which the owner or operator did not
					 submit the application form specified by the executive director in accordance
					 with §
												101.360(a)(1)
					 of this title (relating to Level of Activity Certification) by March 30, 2010;
					 and
(4) an existing facility
					 located at a site defined before January 1, 2001, as a major source, as defined
					 in §
												117.10 of
					 this title, for which the owner or operator did not submit the application form
					 specified by the executive director in accordance with §
												101.360(a)(2)
					 of this title by March 30, 2010.