Section 101.304 - Mobile Emission Reduction Credit Generation and Certification(a) Methods of generation. (1) Mobile emission reduction credits (MERC) may be generated by any mobile source emission reduction strategy that creates actual mobile source emission reductions under these rules and subject to the approval of the executive director.(2) MERCs may not be generated from the following strategies: (A) that portion of reductions funded through a state or federal program, unless specifically allowed under that program;(B) through the transfer of emissions from one mobile source to another mobile source within the same nonattainment area and under common ownership or control;(C) reduction strategies resulting in secondary emissions increases that exceed limits established under state or federal rules or regulations; or(D) the shutdown or replacement of a mobile source unless that source is rendered permanently inoperable or permanently removed from North America.(b) MERC baseline emissions. (1) Mobile source baseline emissions shall be calculated with either measured emissions of an appropriately sized sample of the participating mobile sources using a United States Environmental Protection Agency (EPA)-approved test procedure, or by estimating emissions of the participating mobile sources using the most recent edition of the EPA on-road or non-road mobile emissions factor models or other model as applicable.(2) The historical adjusted emissions and state implementation plan emissions may only include actual emissions that occurred when the mobile source was operating inside a specific nonattainment area.(3) The activity and emissions rate data used to calculate the mobile source's historical adjusted emissions must be determined from two consecutive calendar years from the five consecutive years immediately before the emissions reduction is achieved unless detailed operational records are available for more than five years. If these detailed operational records are available and do not demonstrate decreasing use due to vehicle age or inoperability, the historical adjusted emissions for a mobile source may be determined from two consecutive calendar years up to six to ten consecutive years immediately before the emissions reduction is achieved.(4) For a mobile source in existence less than 24 months or not having two complete calendar years of activity data, a shorter period of not less than 12 months may be approved by the executive director.(5) Baseline emissions for quantifying MERCs should include, but not be limited to, the following information and data as appropriate: (A) the emission standard to which the mobile source is subject or the emission performance standard to which the mobile source is certified;(B) the estimated or measured in-use emissions levels per unit of use from all significant mobile source emissions sources;(C) the number of mobile sources in the participating group;(D) the type or types of mobile sources by model year;(E) the actual or projected activity level, hours of operation, or miles traveled, by type and model year; and(F) the projected remaining useful life of the participating group of mobile sources.(c) MERC calculation. The quantity of MERCs must be calculated from the difference between the mobile source baseline emissions and the strategic emissions. The strategic emissions must be based on the best estimate of the actual in-use emissions of the modified or substitute on-road or non-road vehicles or transportation system that will occur when the mobile source is operating inside a specific nonattainment area. Any estimate of a strategic emissions level based on an assumption of reduced consumer service or transportation service would not be allowed without the support of a convincing analytical justification of the assumption. (1) For mobile sources generating credits from a shutdown, the amount of MERCs generated will be reduced by 15% or 0.1 ton per year, whichever is greater.(2) The amount of MERCs generated will be adjusted to account for the quality of the data used to quantify the emissions. The reduction will be 15% or 0.1 ton per year, whichever is greater, for records supporting alternative methods approved according to § 101.302(e)(1)(E) of this title (relating to General Provisions).(3) If the mobile source is subject to an adjustment based on both the reduction strategy being a shutdown and the quality of the data used to quantify the emissions, the total combined reduction to the amount of MERCs generated will be 20% or 0.1 ton per year, whichever is greater.(d) Emission offsets. Mobile source reduction strategies that reduce emissions in one criteria pollutant or precursor for which an area is designated nonattainment, yet result in an emissions increase of another criteria pollutant or precursor for which that same area is nonattainment and from the same mobile source, must be required to offset the resulting increase at a 1:1 ratio with ERCs or MERCs.(e) MERC certification. (1) The generator of the reduction from a mobile source with potential MERCs shall submit an application form specified by the executive director and signed by an authorized account representative. (A) Applications will be reviewed to determine the credibility of the reductions. Reductions determined to be creditable will be certified by the executive director and a MERC will be issued to the owner of the mobile source except as specified in § 101.302(n) of this title.(B) The application for MERCs must be submitted no more than two years after the date of the emissions reduction, except as provided by subparagraph (C) of this paragraph.(C) For a mobile source, the application for MERCs may be submitted as follows. (i) For emission reductions that occurred after June 1, 2013 and prior to January 1, 2015, the application for MERCs must be submitted by December 31, 2017.(ii) For emissions reductions that occurred between January 1, 2015 and January 1, 2017, the application for MERCs may be submitted up to three years after the date of the emissions reduction.(iii) The application deadline exceptions specified in clauses (i) and (ii) of this subparagraph no longer apply after December 31, 2019.(iv) Emission credits certified under the application deadline exceptions specified in clauses (i) and (ii) of this subparagraph or certified for mobile source emission reductions occurring before and included on an application submitted, but not acted on, before January 1, 2017 shall be available for use for 72 months from the date of the emission reduction in lieu of the provisions outlined in § 101.309(b)(2) of this title (relating to Emission Credit Banking and Trading).(2) MERCs will be determined and certified in accordance with § 101.302(e) of this title using:(A) EPA methodologies, when available;(B) actual monitoring results, when available;(C) calculations using the most current EPA mobile emissions factor model or other model as applicable; or(D) calculations using creditable emission reduction measurement or estimation methodologies that satisfactorily address the analytical uncertainties of mobile source emissions reduction strategies.(3) The expected remaining useful life of the mobile source shall be determined based on the assumptions used in the models in the applicable state implementation plan (SIP) revision or on a case-by-case basis approved by the executive director when a type of mobile source is not reflected in these models. Except as provided in paragraph (4) of this subsection, the amount of MERCs certified for a given emissions reduction will be determined by the emissions reduction for the expected remaining useful life of the mobile source(s), annualized over 25 years.(4) The requirement to consider the expected remaining useful life of the mobile source and to annualize the emissions reduction over 25 years, as described in paragraph (3) of this subsection, does not apply if a capture and control system is used to reduce mobile source emissions. Instead, the MERC calculation will include the following. (A) The strategic emissions used in the MERC calculation must include the mobile source emissions that are not captured by the capture and control system. In addition, the strategic emissions must also include any emissions that are not controlled by the system after capture and any emissions caused by or as a result of operating the system.(B) The initial owner of the MERCs is the owner or operator of the capture and control system.(5) An application for MERCs must include, but is not limited to, a form specified by the executive director that is signed by an authorized account representative, along with the following information for each pollutant reduced by each applicable mobile source: (A) the date of the reduction;(B) a complete description of the generation strategy;(C) the amount of emission credits generated;(D) documentation, including records for approved or approvable methods to quantify emissions, supporting the mobile source baseline activity, mobile source baseline emission rate, historical adjusted emissions, SIP emissions, mobile source baseline emissions, and the mobile source strategy emissions;(E) a complete description of the protocol used to calculate the emission reduction generated;(F) the actual calculations performed by the generator to determine the amount of emission credits generated; and(G) a demonstration that the reductions are surplus to all local, state, and federal rules and to emission modeled in the SIP.(6) MERCs will be made enforceable with an Emissions Banking and Trading Certification Form (Form EBT-CERT), or equivalent form approved by the executive director, that may contain special conditions including, but not limited to: (A) written certification and photographs for mobile sources that are made permanently inoperable for replacement or shutdown;(B) where applicable, a certified or duplicate Texas Nonrepairable Vehicle Title for mobile sources that are made permanently inoperable for replacement or shutdown;(C) a bill of sale and bill of lading for mobile sources that are permanently removed from North America for replacement or shutdown and any additional information required by the executive director; and(D) a new maximum allowable mobile source emission limit.30 Tex. Admin. Code § 101.304
The provisions of this §101.304 adopted to be effective January 17, 2003, 28 TexReg 83; amended to be effective December 2, 2004, 29 TexReg 11038; Amended by Texas Register, Volume 42, Number 40, October 6, 2017, TexReg 5469, eff. 10/12/2017