| (a) The alternate control requirements for vent gas
streams in the Beaumont-Port Arthur, Bexar County, Dallas-Fort Worth,
El Paso, and Houston-Galveston-Brazoria areas are as follows.
(1) Alternate methods of demonstrating and documenting
continuous compliance with the applicable control requirements or
exemption criteria in this division (relating to Vent Gas Control)
may be approved by the executive director in accordance with §115.910
of this title (relating to Availability of Alternate Means of Control)
if emission reductions are demonstrated to be substantially equivalent.
(2) The owner or operator of a synthetic organic chemical
manufacturing industry (SOCMI) reactor process or distillation operation
in which vent gas stream emissions are controlled by a control device
with a control efficiency of at least 90% which was installed before
December 3, 1993 may request an alternate reasonably available control
technology (ARACT) determination. The executive director may approve
the ARACT if it is determined to be economically unreasonable to replace
the control device with a new control device meeting the requirements
of §115.122(a)(2) of this title (relating to Control Requirements).
Each ARACT approved by the executive director shall include a requirement
that the control device be operated at its maximum efficiency. Each
ARACT shall only be valid until the control device undergoes a replacement,
a modification as defined in 40 Code of Federal Regulations (CFR) §60.14
(October 17, 2000), or a reconstruction as defined in 40 CFR §60.15
(December 16, 1975), at which time the replacement, modified, or reconstructed
control device shall meet the requirements of §115.122(a)(2)
of this title. Any request for an ARACT determination shall be submitted
to the executive director in writing no later than May 31, 1994. The
executive director may direct the holder of an ARACT to reapply for
an ARACT if it is more than ten years since the date of installation
of the control device and there is good cause to believe that it is
now economically reasonable to meet the requirements of §115.122(a)(2)
of this title. Within three months of an executive director request,
the holder of an ARACT shall reapply for an ARACT. If the reapplication
for an ARACT is denied, the holder of the ARACT shall meet the requirements
of §115.122(a)(2) of this title as soon as practicable, but no
later than two years from the date of the executive director's written
notification of denial.
(b) For all persons in Nueces and Victoria Counties,
alternate methods of demonstrating and documenting continuous compliance
with the applicable control requirements or exemption criteria in
this division may be approved by the executive director in accordance
with §115.910 of this title if emission reductions are demonstrated
to be substantially equivalent.
(c) For all persons in Aransas, Bexar, Calhoun, Matagorda,
San Patricio, and Travis Counties, alternate methods of demonstrating
and documenting continuous compliance with the applicable control
requirements or exemption criteria in this division may be approved
by the executive director in accordance with §115.910 of this
title if emission reductions are demonstrated to be substantially
equivalent. The alternate methods of demonstrating continuous compliance
available under this subsection no longer apply for sources located
in Bexar County beginning January 1, 2025.
|
| Source Note: The provisions of this §115.123 adopted to be effective February 19, 1990, 15 TexReg 549; amended to be effective August 1, 1992, 17 TexReg 4683; amended to be effective December 3, 1993, 18 TexReg 8538; amended to be effective January 27, 1995, 20 TexReg 221; amended to be effective March 7, 1996, 21 TexReg 1548; amended to be effective May 22, 1997, 22 TexReg 4213; amended to be effective March 21, 1999, 24 TexReg 1777; amended to be effective January 17, 2003, 28 TexReg 113; amended to be effective May 16, 2024, 49 TexReg 3292 |
