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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 101GENERAL AIR QUALITY RULES
SUBCHAPTER HEMISSIONS BANKING AND TRADING
DIVISION 3MASS EMISSIONS CAP AND TRADE PROGRAM
RULE §101.360Level of Activity Certification

(a) The owner or operator of any facility subject to this division shall certify, no later than June 30, 2001, its historical level of activity by submitting to the executive director a completed ECT-3 Form, Level of Activity Certification, along with any supporting information such as usage records, testing or monitoring data, emission factors, and production records as follows:

  (1) for facilities in operation prior to January 1, 1997, the level of activity averaged over 1997, 1998, and 1999;

  (2) for new and modified facilities not in operation prior to January 1, 1997 and either have submitted, under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification), an application which the executive director has determined to be administratively complete before January 2, 2001, or have qualified for a permit by rule under Chapter 106 of this title (relating to Permits by Rule) and have commenced construction before January 2, 2001, the level of activity authorized by the executive director; and

  (3) for new and modified facilities not in operation prior to January 1, 1997, that are subject to emission specifications under §§117.310, 117.1210, or 117.2010 of this title (relating to Emission Specifications for Attainment Demonstration; and Emission Specifications) that were first adopted after April 1, 2001, and either have submitted under Chapter 116 of this title an application which the executive director has determined to be administratively complete within 90 days of the effective date of this emission specification, or have qualified for a permit by rule under Chapter 106 of this title and have commenced construction within 90 days of the effective date of the emission specification, the level of activity authorized by the executive director.

(b) The owner or operator of any facility subject to this division who has certified a facility's allowable level of activity under subsection (a)(2) of this section shall:

  (1) certify no later than 90 days from the end of the fifth year of operation the actual level of activity and actual emission factors for the two complete consecutive calendar years chosen as a baseline by submitting to the executive director a completed ECT-3 Form, Level of Activity Certification, along with any supporting information such as usage records, testing or monitoring data, and production records; and

  (2) receive no benefit of allowances allocated based on actual operation until January 1 of the control period following the certification in paragraph (1) of this subsection.

(c) Owners or operators of a site or facility that becomes subject to this division on or after April 1, 2001 shall certify the level of activity, as determined by the executive director, in accordance with subsections (a) and (b) of this section. Such certification shall be submitted no later than 90 days from the date the site or facility becomes subject to this division or no later than 90 days from the effective date of this rule, whichever is later.


Source Note: The provisions of this §101.360 adopted to be effective January 18, 2001, 26 TexReg 282; amended to be effective October 18, 2001, 26 TexReg 8073; amended to be effective January 17, 2003, 28 TexReg 83; amended to be effective August 16, 2007, 32 TexReg 4985

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