1. (a) Alternative fulfillment options. Notwithstanding any requirement in this subchapter, the owner or operator of a major stationary source or Section 185 Account required to pay a Failure to Attain Fee may submit a request to the executive director to partially or completely fulfill the Failure to Attain Fee in compliance with §101.716 (relating to Relinquishing Credits to Fulfill a Failure to Attain Fee and §101.717 of this title (relating to Using a Supplemental Environmental Project to Fulfill a Failure to Attain Fee).
2. (b) Unfulfilled portions. If a Failure to Attain Fee cannot be completely fulfilled using alternate fulfillment options, then the unfulfilled portion of the Failure to Attain Fee is required to be calculated, assessed, and paid according to the provisions of this subchapter.
3. (c) Reporting. The owner or operator of a major stationary source or Section 185 Account must inform the executive director if they choose an alternative fulfillment option for all or a portion of the Failure to Attain Fee as described in §101.716 and §101.717 of this title. The request must be submitted on a form specified by the executive director and include a list of the emissions in tons of volatile organic compounds and/or nitrogen oxides or the dollar-for-dollar amount requested from alternative fulfillment options, payment, or combination to cover the entire Failure to Attain Fee.

4. (d) Compliance schedule. No later than 90 days after the executive director requests submission of the form specified in subsection (c) of this section and continuing annually, the owner or operator of a major stationary source or Section 185 Account must submit the form specified in subsection (c) and ensure the following conditions are met:

   1. (1) all emissions credits under §101.716 of this title must be approved, exercised, or completed during or after the baseline year; and
   2. (2) all Supplemental Environmental Projects under §101.717 of this title must be approved and completed during or after the baseline year.
5. (e) If the executive director does not receive the form specified in subsection (c) of this section by the due date specified in subsection (d) of this section, the Failure to Attain Fee payment will be due in full as described under §101.714 of this title (relating to Failure to Attain Fee Payment).

Source Note:The provisions of this §101.715 adopted to be effective November 13, 2025, 50 TexReg 7293.