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Texas SIP: 30 TAC 16.170-116.176. Emission Reductions: Offsets; SIP effective 2011-12-02 (TXd129)

Regulatory Text: 
Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or Modification

SUBCHAPTER B:  NEW SOURCE REVIEW PERMITS

DIVISION 7: EMISSION REDUCTIONS:  OFFSETS
As approved by EPA November 2, 2011 (76 FR 67600) effective December 2, 2011 (TXd129)

Outline:
§116.170.  Applicability for Reduction Credits. 6-64, TXd101
§116.172.  Emissions Offsets from Rocket Engine Firing and Cleaning. 6-64, TXd101
§116.174.  Determination by Executive Director to Authorize Reductions. 6-48 TXd129 TX120
§116.175.  Recordkeeping. 6-31 TXd129 TX120
§116.176.  Use of Mass Cap Allowances for Offsets. 6-65, TXd79


6B7 §116.170.  Applicability of Emission Reductions as Offsets.
6-64: As adopted by TCEQ August 20, 2003 effective September 14, 2003 (6-64).
Submitted to EPA September 25, 2003.
Approved by EPA March 20, 2009 (74 FR 11851) effective May 19, 2009 (TXd101).

     a)  No reduction may be used as an offset unless it has been certified as an emission credit under Chapter 101, Subchapter H, Division 1 or 4 of this title (relating to Emission Credit Banking and Trading; or Discrete Emission Credit Banking and Trading), except as provided for in subsection (c) of this section. 

     (b)  Existing reductions not yet certified and banked as an emission credit must be certified and banked with the executive director by September 1, 2004 in order to be considered for use as an offset. 

     (c)  A future reduction may be used as an offset for a permit provided that: 
          (1)  the permit contains special conditions that specify the date by which the permit holder must submit to the executive director appropriate and sufficient data to verify that the reduction has occurred and the reduction is provided by start of operation; 
          (2)  the reduction must be achieved prior to commencement of the permitted emissions for which the offset is required; 
          (3)  the reduction meets all of the requirements of Chapter 101, Subchapter H, Division 1 or 4 of this title when submitted to the executive director for review per the requirements of the issued permit; and 
          (4)  the permit holder agrees to obtain additional offsets if the review by the executive director indicates the reductions do not satisfy the original offset requirements. 

Adopted August 20, 2003, Effective September 14, 2003 (6-64).
***end tx 116.170***6-64***EPA-R06-OAR-2005-TX-0026***TX032***TXd101***m6p***


6B7 §116.172.  Emissions Offsets from Rocket Engine Firing and Cleaning.
6-64: As adopted by TCEQ August 20, 2003 effective September 14, 2003 (6-64).
Submitted to EPA September 25, 2003.
Approved by EPA March 20, 2009 (74 FR 11851) effective May 19, 2009 (TXd101).

     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. 
          (1)  Any modification proposed is solely for the purpose of expanding the testing of rocket engines or motors at an existing source permitted to test such engines as of November 15, 1990. 
          (2)  The source demonstrates to the satisfaction of the executive director 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. 
          (3)  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. 
          (4)  The source will comply with an alternative measure, imposed by the executive director, designed to offset any emissions increases beyond permitted levels not directly offset by the source.  In lieu of imposing any alternative offset measures, the executive director 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. 

Adopted August 20, 2003, Effective September 14, 2003 (6-64).
***end tx 116.172***6-64***EPA-R06-OAR-2005-TX-0026***TX032***TXd101***m6p***


6B7 §116.174.  Determination by Executive Director to Authorize Reductions. 6-48 TXd129 TX120
As adopted by TNRCC June 17, 1998, effective July 8, 1998 (6-48).
Approved by EPA November 2, 2011 (76 FR 67600) effective December 2, 2011 (TXd129) TX120.
Regulations.gov docket EPA-R06-OAR-2011-0426

     The executive director may grant authority to a permit applicant to use prior emission reductions and emission reductions granted to the applicant by another entity (either public or private) in accordance with §116.170 of this title (relating to Applicability for Reduction Credits) if the commission determines that the prior emission reductions have, in fact, occurred and, when considered with other emission reductions that may be required by the permit as well as contaminants that will be emitted by the new source, will result in compliance with §116.150 of this title (relating to New Major Source or Major Modification in Ozone Nonattainment Areas), §116.151 of this title (relating to New Major Source or Major Modification in Nonattainrnent Areas Other Than Ozone), §116.160 of this title (relating to Prevention of Significant Deterioration Requirements), and §116.162 of this title (relating to Evaluation of Air Quality Impacts), as applicable, in the area where the new source is to be located.  Prior as well as future emission reductions to be used as an offset shall be made conditions for granting authority to construct the proposed new source and shall be enforced.

***end 6B7§116.174***6-48***EPA-R06-OAR-2011-0426***TX120***TXd129***s5l***


6B7 §116.175.  Recordkeeping. 6-31 TXd129 TX120
6-31 As adopted by the Texas Air Control Board (TACB) August 16, 1993, effective September 13, 1993 (6-31).
Approved by EPA November 2, 2011 (76 FR 67600) effective December 2, 2011 (TXd129) TX120.
Regulations.gov docket EPA-R06-OAR-2011-0426

     The Executive Director will maintain no records of emission offset credits claimed by an applicant in accordance with §116.170 of this title (relating to Applicability of Reduction Credits) other than those contained in permit application and permit files. The applicant shall maintain all records necessary to substantiate claims of emission reductions and shall make such records available for inspection upon request of the Executive Director.

***end 6B7§116.175***6-48***EPA-R06-OAR-2011-0426***TX120***TXd129***s5h***


6B7 §116.176.  Use of Mass Cap Allowances for Offsets.
As adopted by TNRCC March 7, 2001 effective March 29, 2001 (6-55).
Approved by EPA September 6, 2006 (71 FR 52664) effective October 6, 2006 (TXd79).

     Any allowances required to comply with the mass emission cap under Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program) may be used to meet the correlating portion of the emission offset requirements needed to comply with §116.150 of this title (relating to New Major Source or Major Modification in Ozone Nonattainment Areas).

Adopted March 7, 2001, Effective March 29, 2001 (6-55).
***end tx 116.176***6-55***EPA-R06-OAR-2005-TX-0023***TX029***TXd79***h1x***
***********end texas chapter 116 subchapter b division 7 *************h5l***