Section 101.396 - Allowance Deductions(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%. (d) When deducting allowances from the compliance account of a site for a control period, the executive director will deduct the allowances beginning with the most recently allocated allowances before deducting vintage allowances. (e) The amount of allowances deducted from a site's compliance account under subsection (a) of this section will be reduced by the amount of allowances deducted in accordance with § 101.393(d)(2)(A) of this title (relating to General Provisions). (f) If the total actual HRVOC emissions from the affected facilities during a control period exceed the amount of allowances in the site's compliance account on March 1 following that control period, the executive director will reduce allowances for the next control period by an amount equal to the emissions exceeding the allowances in the site's compliance account plus an additional 10%. (1) If the site's compliance account does not hold sufficient allowances to accommodate this reduction, the executive director shall issue a Notice of Deficiency requiring the owner or operator to obtain sufficient allowances within 30 days of the notice.(2) These actions do not preclude additional enforcement action by the executive director. 30 Tex. Admin. Code § 101.396
The provisions of this §101.396 adopted to be effective December 23, 2004, 29 TexReg 11592; amended to be effective April 1, 2010, 35 TexReg 2556; Amended by Texas Register, Volume 40, Number 25, June 19, 2015, TexReg 3905, eff. 6/25/2015