An alternate means of control (AMOC) plan shall be approved if it meets
each of the following criteria, as applicable.
(1) All facilities covered by the AMOC plan are and remain
in the same account number.
(2) The AMOC plan must propose annual emission limits in tons
per year for each source in the AMOC plan that, when collectively compared
against actual annual emissions generated in 1990 (or subsequent years if
a source in an AMOC was not operational prior to 1990), result in net emissions
reductions equal to or greater than reductions that would be achieved if each
source complied with all applicable requirements of this chapter.
(3) If the AMOC plan involves any source with a proposed annual
emission limit which exceeds the baseline as defined in §115.912(a) of
this title (relating to Calculations for Determining Alternate Means of Control
Reductions), the AMOC plan must provide additional reductions made at alternative
sources which comply with the guidelines in §115.912 of this title and
are at least equal to the amount the source exceeds its baseline, multiplied
by the applicable factor provided in the following subparagraphs.
(A) For sources located in the Beaumont/Port Arthur area, the
applicable factor is 1.2.
(B) For sources located in the Dallas/Fort Worth area, the
applicable factor is 1.15.
(C) For sources located in the El Paso area, the applicable
factor is 1.2.
(D) For sources located in the Houston/Galveston area, the
applicable factor is 1.3.
(E) For sources located in other areas in Texas, the applicable
factor is 1.1.
(4) The AMOC application must demonstrate that the sum of the
maximum daily potentials to emit from the sources subject to the proposed
AMOC plan shall not be more than 200 pounds per day greater than the sum of
the maximum daily potentials to emit from those sources if the emissions were
controlled in accordance with this chapter. For each nonattainment area, the
executive director shall establish a limit upon the sum of the increases of
the maximum daily potentials to emit from all AMOC plans in the nonattainment
area. The limit shall be set so that the sum of the maximum daily potentials
to emit shall not increase the measurable or modeled ozone level by one part
per billion.
(5) The AMOC must be implemented and reductions created after
January 1, 1991.
(6) Reductions in actual emissions accounted for in the AMOC
plan must be surplus and remain surplus to reductions required by this chapter
and any netting or offsetting requirements of §§116.150, 116.151,
116.160, and 116.161 of this title (relating to New Major Source or Major
Modification in Ozone Nonattainment Areas; New Major Source or Major Modification
in Nonattainment Area Other Than Ozone; Prevention of Significant Deterioration
Requirements; and Source Located in an Attainment Area with a Greater Than
De Minimis Impact). Reductions for which the state has claimed credit in a
State Implementation Plan may not be utilized as reductions in an AMOC plan.
(7) Mobile sources and indirect sources (Federal Clean Air
Act, §110(a)(5)(C)) shall not be included in the AMOC plan.
(8) For purposes of demonstrating reductions and establishing
emission limits in any AMOC plan, quantification of emissions must be accomplished
using any of the following methods as specified by the executive director:
(A) test methods approved by the executive director for the
direct measurement of emissions, either continuously or periodically;
(B) calculation equations which are a function of process or
control system parameters, activity levels, and/or throughput or production
rates;
(C) mass-balance calculations which are a function of inventory,
usage, and/or disposal records;
(D) other appropriate methods acceptable to the executive director;
or
(E) any combination of these approaches.
(9) The AMOC plan must establish emission limits and/or control
requirements for all sources in the plan which render the proposed annual
emission limits enforceable.
(10) The AMOC plan must include all necessary and appropriate
provisions for monitoring, testing, reporting, and recordkeeping as specified
by the executive director. The frequency of AMOC required monitoring, testing,
reporting, and recordkeeping shall be sufficient to reasonably ensure compliance
with applicable emission limits and/or control requirements. The monitoring,
testing, reporting, and recordkeeping shall be at least as reliable, readily
retrievable, and retained for a comparable period of time as the underlying
requirements of this chapter.
(A) If this chapter includes monitoring, testing, reporting,
and/or recordkeeping requirements for sources of the type(s) to be covered
by an alternate emission limitation and/or control requirement, then such
requirement may be used to render the AMOC plan enforceable. If this chapter
does not include readily transferable monitoring, testing, reporting, and/or
recordkeeping requirements for sources of the type(s) to be covered by an
alternate emission limitation and/or control requirement, then priority may
be given to any such set of requirements adopted under other commission rules
for the control of volatile organic compounds (VOC) emissions from sources
of the type(s) to be covered by an alternate emission limitation and/or control
requirement.
(B) If this chapter includes emission limits and/or control
requirements for sources of the type(s) to be covered by an alternate emission
limitation and/or control requirement, then such alternative emission limitation
and/or control requirement may be based on the same averaging time as is applied
to those same type sources under this chapter. If this chapter does not include
emission limitations and/or control requirements for sources of the type(s)
to be covered by an alternate emission limit and/or control requirement, then
priority may be given to averaging times for emission limits and/or control
requirements on similar units governed by other commission rules limiting
VOC emissions from sources of the type(s) to be covered by an alternate emission
limit and/or control requirement.
(C) If no such commission monitoring, testing, reporting, and/or
recordkeeping rules have been adopted that satisfy the criteria of subparagraphs
(A) and (B) of this paragraph, then such requirements or averaging times shall
be established on a case-by-case basis.
(D) Additional or more frequent monitoring, testing, reporting,
and/or recordkeeping may be required by the executive director to ensure the
integrity of any AMOC plan.
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