Regulatory Text: 
                SUBCHAPTER B:  NEW SOURCE REVIEW PERMITS

                DIVISION 7 : EMISSION REDUCTIONS:  OFFSETS

Outline:
   §116.170.  Applicability for Reduction Credits.


§116.170.  Applicability for Reduction Credits .

(Approved by EPA July 17, 2000 (65 FR 43986), effective August 16, 2000.)

     At the time of application for a permit in accordance with this chapter, any applicant who has effected air contaminant emission reductions may also apply to the Executive Director to use such emission reductions to offset emissions expected from the facility for which the permit is sought, provided that the following conditions are met.

          (1)  The emission reductions are not required by any provision of the Texas State Implementation Plan as promulgated by the United States Environmental Protection Agency in 40 Code of Federal Regulations, Part 52, Subpart SS, nor by any other federal regulation under the Federal Clean Air Act, as amended, such as New Source Performance Standards.  Minimum offset ratios as specified in Table I of §116.12 of this title (relating to Nonattainment Review Definitions) shall be used in areas designated as nonattainment areas.

          (2)  NOT IN SIP

          (3)  Emissions increases from rocket engine and motor firing, and cleaning related to such firing, at an existing or modified major source, shall be allowed to be offset by alternative or innovative means, provided the following conditions are met:

               (A)  any modification proposed is solely for the purpose of expanding the testing of rocket engines or motors at an existing source per-mitted to test such engines as of November 15, 1990;

               (B)  the source demonstrates to the satisfaction of the Texas Natural Resource Conservation Commission (TNRCC) that it has used all reasonable means to obtain and utilize offsets, as determined on an annual basis, for the emissions increases beyond allowable levels, that all available offsets are being used, and that sufficient offsets are not available to the source;

               (C)  the source has obtained a written finding from the Department of Defense, Department of Transportation, National Aeronautics and Space Administration, or other appropriate federal agency, that the testing of rocket motors or engines at the facility is required for a program essential to the national security; and

               (D)  the source will comply with an alternative measure, imposed by the TNRCC, designed to offset any emission increases beyond permit-ted levels not directly offset by the source.  In lieu of imposing any alter-native offset measures, the TNRCC may impose an emissions fee to be paid which shall be an amount no greater than 1.5 times the average cost of stationary source control measures adopted in that area during the previous three years.

As adopted by TACB August 16, 1993, effective September 13, 1993.

***********************end tx 116.170**********ea8g******a87**