Section 101.332 - General Provisions(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.30 Tex. Admin. Code § 101.332
The provisions of this §101.332 adopted to be effective January 11, 2000, 25 TexReg 128