| (g) In lieu of complying with subsections (a) - (d) of this section, an owner or operator may request approval from the executive director of an alternative method that demonstrates equivalency with the independent third-party audit, provided that the request: (1) includes a detailed explanation of how the equivalency will be demonstrated, including the appropriate recordkeeping and reporting requirements that will be implemented that are sufficient to demonstrate compliance with the alternative method; and (2) demonstrates that it is a replicable procedure and details how the equivalency will be demonstrated. (h) If the owner or operator of a site subject to the third-party audit requirements of this section elects to use the alternative work practice in §115.358 of this title to monitor valves in HRVOC service, the following additional provisions will apply. (1) The field survey must be conducted as specified in subsection (a)(2) of this section, except that the independent third-party organization shall perform the field survey according to the alternative work practice in §115.358 of this title. (2) In lieu of the data review specified under subsection (a)(3) of this section, the independent third-party organization shall conduct a review of all data and video generated by the monitoring personnel in the previous monitoring interval as specified in §115.358 of this title. For example, if the frequency for performing the alternative work practice is monthly, the review includes data from the monitoring event in the prior calendar month. (A) The review must include a review of records to verify: (i) the optical gas imaging instrument meets the requirements referenced in §115.358(c)(1) of this title; (ii) the daily instrument check was performed as required by §115.358(c)(2) of this title; and (iii) monitoring personnel performing the alternative work practice have satisfied the training requirements specified in §115.358(h) of this title. (B) The review must also include identification of any: (i) instances that components were imaged at a distance greater than demonstrated during the daily instrument check; (ii) instances that the optical gas imaging instrument was not operated in accordance with the instrument manufacturer's operating parameters; and (iii) leaking components in the video records that were not identified as leaking by the routine monitoring personnel. (C) In lieu of the categories specified in subsection (a)(3)(A) and (B) of this section, the report contents specified in subsection (d)(5) of this section must include a summary of the independent third-party organization's review based on the categories specified in subparagraphs (A) and (B) of this paragraph. (3) If the owner or operator is performing a combination of Method 21 hydrocarbon gas analyzer monitoring according to §115.781 of this title (relating to General Monitoring and Inspection Requirements) and the alternative work practice according to §115.358 of this title on different valves in HRVOC service, the field survey and data review must be performed based on how the majority of valves in HRVOC service were monitored in the evaluation period of the third party audit (e.g., if greater than 50% of valves in HRVOC service were monitored according to the alternative work practice, then the field survey and data review must be conducted according to this subsection). The population of valves used for the field survey in subsection (a)(2) of this section must only include those valves monitored according to the method (i.e., Method 21 or alternative work practice) that will be used in the field survey. (i) Upon review of the audit results, the executive director may specify additional corrective actions beyond any potential corrective actions submitted in the documentation required under subsection (e) of this section. |
| Source Note: The provisions of this §115.788 adopted to be effective January 17, 2003, 28 TexReg 113; amended to be effective December 23, 2004, 29 TexReg 11623; amended to be effective June 24, 2010, 35 TexReg 5293 |
