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Texas SIP: 30 TAC 117.570. Trading; SIP effective 2004.04.26

Regulatory Text: 
Texas Chapter 117 --- Control of Air Pollution from Nitrogen Compounds

§117.570.  Use of Emissions Credits for Compliance.
As adopted by TCEQ 3/5/2003 effective 3/27/2003 (7-24).
Approved by EPA 3/26/2004 (69 FR 15681) effective 4/26/2004 (TXd43).

     (a)  An owner or operator of a unit not subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program) may meet emission control requirements of §117.105 or §117.205 of this title (relating to Emission Specifications for Reasonably Available Control Technology (RACT)), §117.106 or §117.206 of this title (relating to Emission Specifications for Attainment Demonstrations), §117.107 of this title (relating to Alternative System-wide Emission Specifications), §117.207 of this title (relating to Alternative Plant-wide Emission Specifications), §117.223 or §117.283 of this title (relating to Source Cap), or §§117.135, 117.265, or 117.475 of this title (relating to Emission Specifications) in whole or in part, by obtaining an emission reduction credit (ERC), mobile emission reduction credit (MERC), discrete emission reduction credit (DERC), or mobile discrete emission reduction credit (MDERC) in accordance with Chapter 101, Subchapter H, Division 1 or 4 of this title (relating to Emission Credit Banking and Trading; and Discrete Emission Credit Banking and Trading), unless there are federal or state regulations or permits under the same commission account number which contain a condition or conditions precluding such use.

     (b)  An owner or operator of a unit subject to §§117.108, 117.138, or 117.210 of this title (relating to System Cap) may meet the emission control requirements of these sections in whole or in part, by complying with the requirements of Chapter 101, Subchapter H, Division 5 of this title (relating to System Cap Trading) or by obtaining an ERC, MERC, DERC, or MDERC in accordance with Chapter 101, Subchapter H, Division 1 or 4 of this title, unless there are federal or state regulations or permits under the same commission account number which contain a condition or conditions precluding such use.

     (c)  For the purposes of this section, the term "reduction credit (RC)" refers to an ERC, MERC, DERC, or MDERC, whichever is applicable.

     (d)  Any lower nitrogen oxides (NOx) emission specification established under this chapter for the unit or units using RCs shall require the user of the RCs to obtain additional RCs in accordance with Chapter 101, Subchapter H, Division 1 or 4 of this title and/or otherwise reduce emissions prior to the effective date of such rule change.  For units using RCs in accordance with this section which are subject to new, more stringent rule limitations, the owner or operator using the RCs shall submit a revised final control plan to the executive director in accordance with §117.117 or §117.217 of this title (relating to Revision of Final Control Plan) to revise the basis for compliance with the emission specifications of this chapter.  The owner or operator using the RCs shall submit the revised final control plan as soon as practicable, but no later than 90 days prior to the effective date of the new, more stringent rule.  The owner or operator of the unit(s) currently using RCs shall calculate the necessary emission reductions per unit as follows.


     delta E = (LA x ( EROLD  -  ERNEW ) x ( d / 2000))


Where:


     delta E   =   the differential of emissions

     LA        =   the maximum level of activity

     EROLD      =  the existing NOx emission rate for the affected in lb per unit of activity

     ERNEW      =  the new NOx emission rate for the affected unit in lb per unit of activity

     d        =  (i)  to calculate annual emission reductions, d = 365

                 (ii)  to calculate emission reductions for the 
                 remainder of a control period, d = the number of 
                 days remaining in the control period

Adopted March 5, 2003, Effective March 27, 2003
*******************************end tx 117.570*****TXd43***7-24********e3s**
************************end tx chapter 117 subchapter e *******TXd43**e3s**