1. (a) The owner or operator of a major stationary source or Section 185 Account subject to this subchapter may submit a request to partially or completely fulfill the Failure to Attain Fee by substituting emissions reductions, on a volatile organic compounds- or nitrogen oxides-specific basis, in an amount equivalent to the tons on which the Failure to Attain Fee has been assessed by relinquishing an equivalent amount of any combination of:

   1. (1) emissions reduction credits;
   2. (2) discrete emissions reduction credits;
   3. (3) current or banked Highly-Reactive Volatile Organic Compound Emissions Cap and Trade program allowances; and/or
   4. (4) current or banked Mass Emissions Cap and Trade program allowances.
2. (b) The use of the provisions of this section to fulfill a Failure to Attain Fee is subject to review by the executive director.

Source Note:The provisions of this §101.716 adopted to be effective November 13, 2025, 50 TexReg 7293.