(a) The executive director will audit this program every three years.
  (1) The audit will evaluate the timing of credit generation and use, the impact of the program on the state's attainment demonstration and the emissions of hazardous air pollutants, the availability and cost of credits, compliance by the participants, and any other elements the executive director may choose to include.
  (2) The executive director will recommend measures to remedy any problems identified in the audit. The trading of discrete emission credits may be discontinued by the executive director in part or in whole and in any manner, with commission approval, as a remedy for problems identified in the program audit.
  (3) The audit data and results will be completed and submitted to the United States Environmental Protection Agency (EPA) and made available for public inspection within six months after the audit begins.
(b) No later than February 1 of each calendar year, the executive director shall develop and make available to the general public and the EPA a report that includes the following information for the previous calendar year:
  (1) the amount of each pollutant emission credits generated under this division;
  (2) the amount of each pollutant emission credits used under this division;
  (3) a summary of all trades completed under this division; and
  (4) the amount of discrete emission reduction credits approved for use under §101.376(f) of this title (relating to Discrete Emission Credit Use).

Source Note: The provisions of this §101.379 adopted to be effective January 17, 2003, 28 TexReg 83; amended to be effective January 1, 2009, 33 TexReg 10455; amended to be effective May 2, 2013, 38 TexReg 2618; amended to be effective June 25, 2015, 40 TexReg 3848