30 TAC §101.360
The Texas Commission on Environmental Quality (TCEQ) adopted
amendments to 30 TAC Chapter 101, which appeared in the January 3, 2003, issue
of the
Texas Register
(28 TexReg 83). Due
to an error in the preamble as submitted by TCEQ, the following corrections
are necessary.
In the preamble on page 84, first column, first paragraph, §101.360
was listed as adopted without changes. However, it was adopted with changes
as described in the preamble on page 89, beginning with the paragraph that
reads, "The commission adopts revisions to §101.360...."
The adopted section is being published in its entirety.
§101.360.Level 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 §§117.106,
117.206, or 117.475 of this title (relating to Emission Specifications for
Attainment Demonstrations; 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 (relating
to Permits by Rule) 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.
TRD-200300466