The executive director will determine baseline amounts for any major stationary source subject to §101.701 of this title (relating to Applicability) that fails to submit a baseline amount by the due date specified by the commission as follows:

1. (1) If information is available to determine a baseline amount for each pollutant for which the source meets major source applicability requirements, the executive director will determine the baseline amount to be the lower of:

   1. (A) baseline emissions reported under §101.10 of this title (relating to Emissions Inventory Requirements); or
   2. (B) total annual emissions allowed under authorizations, including authorized emissions from maintenance, startup, and shutdown activities.

2. (2) If no emissions inventory information required to determine baseline amount information is available, the executive director will establish the baseline amount as:

   1. (A) 12.5 tons of volatile organic compounds (VOC) emissions for major stationary sources of VOC emissions;
   2. (B) 12.5 tons of nitrogen oxides (NO_X) emissions for major stationary sources of NO_X emissions; or
   3. (C) 12.5 tons of VOC emissions and 12.5 tons of NO_Xemissions for major stationary sources of VOC and NO_X emissions.
3. (3) The executive director will not aggregate baseline amounts under §101.707 of this title (relating to Aggregated Baseline Amount) or adjust baseline amounts as provided in this subchapter to determine a baseline amount under this section.
4. (4) A major stationary source will pay the Failure to Attain Fee according to §101.714 of this title (relating to Failure to Attain Fee Payment).
5. (5) If the major stationary source submits a complete and verifiable emissions inventory according to §101.10 of this title, the major stationary source may then submit a baseline amount to the executive director on a form published by the executive director.

6. (6) After the executive director finalizes the baseline amount based on demonstrated compliance with the criteria in this subchapter, the baseline amount will be applied starting with the fee assessment year after finalization and will continue until:

   1. (A) a baseline amount is established by the major stationary source or Section 185 Account in accordance with paragraph (5) of this section and reviewed by the executive director to ensure alignment with the emissions inventory database or air permit systems; or
   2. (B) the Failure to Attain Fee no longer applies to the area as specified under §101.718 of this title (relating to Cessation of Program). No refunds or credits will be applied to fees previously paid.

Source Note:The provisions of this §101.712 adopted to be effective November 13, 2025, 50 TexReg 7293.