Section 101.117 - Compliance Schedule(a) Baseline amount determination. The owner or operator of each major stationary source meeting the requirements of § 101.101 of this title (relating to Applicability) shall submit to the executive director a report establishing its baseline amount emissions on a form published by the executive director. The Baseline Amount Determination forms for the Houston-Galveston-Brazoria one-hour ozone nonattainment area are due no later than 120 calendar days after the adoption date of this rule.(b) New major source baseline amount reporting. No later than 90 calendar days following the first full year of operation as a major source, the owner and/or operator of a major stationary source that meets the requirements of § 101.101 of this title shall submit to the executive director a report establishing its baseline amount emissions on a form published by the executive director.(c) The executive director shall determine a baseline amount for any major stationary source subject to § 101.101 of this title that fails to submit an approvable baseline amount by the due date requested by the commission.(1) The executive director-determined baseline amount shall be 12.5 tons for volatile organic compounds and 12.5 tons for nitrogen oxides, or, if available, the lower of the baseline emissions reported under § 101.10 of this title (relating to Emissions Inventory Requirements) or authorized for the major stationary source for 2007.(2) The executive director shall not aggregate baseline amounts under § 101.107 of this title (relating to Aggregated Baseline Amount) in determining a baseline amount under this subsection.(d) Payment due date. The fee payment is due no later than 30 calendar days after the invoice date. The first invoice will be issued by the end of the year following the effective date of this rule. If a Section 185 Account commences or resumes operation, the full Failure to Attain Fee payment will be due prior to commencement or resumption of operations.30 Tex. Admin. Code § 101.117
The provisions of this §101.117 adopted to be effective June 12, 2013, 38 TexReg 3610