(a) Pollutant applicability. The total fee obligation must be met for each pollutant, volatile organic compounds (VOC), nitrogen oxides (NOX ), or both, for which the Section 185 Account meets the requirements of §101.101 of this title (relating to Applicability) for any year or partial year that the Section 185 Account operated as a major stationary source. Actual VOC or NOX emissions may be kept separate or aggregated together. A single pollutant may be aggregated across multiple major stationary sources, or both VOC and NOX may be aggregated together across multiple major stationary sources. Aggregation is limited to emissions from:
  (1) major stationary sources that aggregated VOC baseline amounts under §101.107 of this title (relating to Aggregated Baseline Amount);
  (2) major stationary sources that aggregated NOX baseline amounts under §101.107 of this title; or
  (3) major stationary sources that aggregated VOC with NOX baseline amounts under §101.107 of this title.
(b) Obligation. The owner or operator of each major stationary source to which this rule applies shall pay a fee to the commission computed in accordance with subsection (d) of this section. Payment of all fees must be paid in accordance with §101.116 of this title (relating to Failure to Attain Fee Payment). The fee will be assessed on actual emissions that exceed 80% of the pollutant baseline amount. The fee is due until the Failure to Attain Fee no longer applies to the area as described under §101.118 of this title (relating to Cessation of Program).
(c) Separate pollutant obligation. Fee obligation from VOC or NOX emission major stationary sources not qualified or chosen for baseline aggregation under §101.107 of this title will remain separate and due from each major stationary source. The fee will be calculated by the method described in subsection (d) of this section.
(d) Calculation of fee for emissions. The fee will be calculated in accordance with the method used for a baseline amount determination.
  (1) If VOC are aggregated under §101.107(a) of this title, VOC emissions from all major stationary sources in the Section 185 Account must be used for aggregated actual emissions and the aggregated baseline emissions.
  (2) If NOX are aggregated under §101.107(a) of this title, NOX emissions from all major stationary sources in the Section 185 Account must be used for the aggregated actual and aggregated baseline emissions.
  (3) If VOC are aggregated with NOX at one major stationary source under §101.107(a) of this title, VOC and NOX emissions must be used for the aggregated actual and aggregated baseline emissions. If VOC are aggregated with NOX across multiple major stationary sources, VOC and NOX emissions from each major stationary source in the Section 185 Account must be used for the aggregated actual and aggregated baseline emissions. The fee will be calculated for VOC, NOX , or both, as follows.
Attached Graphic

Source Note: The provisions of this §101.113 adopted to be effective June 12, 2013, 38 TexReg 3610