(a) The executive director shall submit to the United States Environmental Protection Agency (EPA) the Clean Air Interstate Rule (CAIR) oxides of nitrogen (NOX ) allowance allocations determined in accordance with §101.506(c) of this title (relating to Clean Air Interstate Rule Oxides of Nitrogen Allowance Allocations) by the following dates:
  (1) October 31, 2006, for the 2009 - 2014 control periods;
  (2) October 31, 2011, for the 2015 control period;
  (3) October 31, 2012, for the 2016 control period; and
  (4) 38 months prior to the beginning of each applicable control period for the control period beginning in 2017 and for each control period thereafter.
(b) For the control period beginning in 2009, and for each control period thereafter, the executive director shall submit to EPA the CAIR NOX allowance allocations determined in accordance with §101.506(d) and (e) of this title by October 31 of the applicable control period.
(c) If the executive director fails to submit to EPA the CAIR NOX allowance allocations in accordance with subsection (b) of this section, EPA will assume that no CAIR NOX allowances are to be allocated, for the applicable control period, to any CAIR NOX unit that would otherwise be allocated CAIR NOX allowances under §101.506(d) and (e) of this title.

Source Note: The provisions of this §101.504 adopted to be effective August 3, 2006, 31 TexReg 5974; amended to be effective March 4, 2010, 35 TexReg 1738