(a) An owner or operator of a unit not subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program) may meet emission control requirements of the sections specified in paragraphs (1) - (9) of this subsection, in whole or in part, by obtaining an emission reduction credit (ERC), mobile emission reduction credit (MERC), discrete emission reduction credit (DERC), or mobile discrete emission reduction credit (MDERC) in accordance with Chapter 101, Subchapter H, Division 1 or 4 of this title (relating to Emission Credit Banking and Trading; and Discrete Emission Credit Banking and Trading), unless there are federal or state regulations or permits under the same commission account number that contain a condition or conditions precluding such use:
  (1) §§117.105, 117.205, 117.405, 117.1005, or 117.1105 of this title (relating to Emission Specifications for Reasonably Available Control Technology (RACT));
  (2) §117.110 or §117.1010 of this title (relating to Emission Specifications for Attainment Demonstration);
  (3) §117.1015 of this title (relating to Alternative System-Wide Emission Specifications);
  (4) §117.115 of this title (relating to Alternative Plant-Wide Emission Specifications);
  (5) §§117.123, 117.423, or 117.3120 of this title (relating to Source Cap);
  (6) §§117.2010, 117.3010, or 117.3110 of this title (relating to Emission Specifications);
  (7) §§117.410, 117.1310, 117.2110, or 117.3310 of this title (relating to Emission Specifications for Eight-Hour Attainment Demonstration);
  (8) §117.3123 of this title (relating to Dallas-Fort Worth Eight-Hour Ozone Attainment Demonstration Control Requirements); or
  (9) §117.3124 of this title (relating to Bexar County Control Requirements for Reasonably Available Control Technology (RACT)).
(b) An owner or operator of a unit subject to §§117.320, 117.1120, 117.1020, 117.1220, or 117.3020 of this title (relating to System Cap) may meet the emission control requirements of these sections in whole or in part, by complying with the requirements of Chapter 101, Subchapter H, Division 1 or 4 of this title, by obtaining an ERC, MERC, DERC, or MDERC, unless there are federal or state regulations or permits under the same commission account number that contain a condition or conditions precluding such use.
(c) For the purposes of this section, the term "reduction credit (RC)" refers to an ERC, MERC, DERC, or MDERC, whichever is applicable.
(d) Any lower nitrogen oxides (NOX ) emission specification established under this chapter for the unit or units using RCs requires the user of the RCs to obtain additional RCs in accordance with Chapter 101, Subchapter H, Division 1 or 4 of this title and/or otherwise reduce emissions prior to the effective date of such rule change. For units using RCs in accordance with this section that are subject to new, more stringent rule limitations, the owner or operator using the RCs shall submit a revised final control plan to the executive director in accordance with §§117.156, 117.356, 117.456, 117.1056, 117.1256, and 117.1356 of this title (relating to Revision of Final Control Plan) and §117.252 and §117.1152 of this title (relating to Control Plan Procedures for Reasonably Available Control Technology (RACT)) to revise the basis for compliance with the emission specifications of this chapter. The owner or operator using the RCs shall submit the revised final control plan as soon as practicable, but no later than 90 days prior to the effective date of the new, more stringent rule. The owner or operator of the unit(s) currently using RCs shall calculate the necessary emission reductions per unit as follows.
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Source Note: The provisions of this §117.9800 adopted to be effective June 14, 2007, 32 TexReg 3206; amended to be effective April 19, 2012, 37 TexReg 2655; amended to be effective June 25, 2015, 40 TexReg 3965; amended to be effective May 16, 2024, 49 TexReg 3347