Journal of the Senate, Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 3 Page: 2,631

                                
(1) the commission shall maintain a special reserve of allocations for
nitrogen oxide of 9.5% for new units. Beginning with the 2015 control period, units
shall be considered new for each control period in which they do not have 5 years of
operating data reported to the commission prior to the date of allocation for a given
control period. Prior to the 2015 control period, units that commenced operation on or
after January 1, 2001, will receive NOx allocations from the special reserve only.
(2) Nitrogen oxide allowances shall be established for the 2009-2014
control periods for units commencing operation before January 1, 2001, using the
average of the 3 highest amounts of the unit's adjusted control period heat input for
2000 through 2004, with the adjusted control period heat input for each year
calculated as follows:
(A) If the unit is coal-fired during the year, the unit's control period heat
input for such year is multiplied by 90 percent;
(B) If the unit is natural gas-fired during the year, the unit's control
period heat input for such year is multiplied by 50 percent; and
(C) If the unit is not subject to subparagraph (A) or (B) of this
paragraph, the unit's control period heat input for such year is multiplied by 30
percent.
(3) Before the allocation date specified by EPA for the control period
beginning January 1, 2016, and every five years thereafter, the commission shall
adjust the baseline for all affected units using the average of the 3 highest amounts of
the unit's adjusted control period heat input for periods 1 through 5 of the preceding 7
control periods, with the adjusted control period heat input for each year calculated as
follows:
(A) For units commencing operation before January 1, 2001:
(i) If the unit is coal-fired during the year, the unit's control period
heat input for such year is multiplied by 90 percent;
(ii) If the unit is natural gas-fired during the year, the unit's control
period heat input for such year is multiplied by 50 percent; and
(iii) If the fossil fuel fired unit is not subject to (3)(A)(i) or
(3)(A)(ii) of this subparagraph, the unit's control period heat input for such year is
multiplied by 30 percent.
(B) For units commencing operation on or after January 1, 2001, in
accordance with the formulas set forth by USEPA in 40CFR 96.142 with any
corrections to this section that may be issued by USEPA prior to the allocation date.
(d) This section applies only while the federal rules cited in this section are
enforceable and does not limit the authority of the commission to implement more
stringent emissions control requirements.
(e) In adopting rules under Subsection (a), the commission shall incorporate any
modifications to the federal rules cited in this section that result from a request for
rehearing regarding those rules that is filed with the United States Environmental
Protection Agency or from a petition for review of those rules that is filed with a
court.
(f) The commission shall take all reasonable and appropriate steps to exclude the
West Texas Region and El Paso Region, as defined by Sec. 39.264(g), Utilities Code,
from any requirement under, derived from, or associated with 40 Code of Federal

Friday, May 20, 2005

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