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, as defined in §115.10 of this title (relating to Definitions),
the applicable factor is 1.2.
(B) For sources located in the Dallas-Fort Worth area,
as defined in §115.10 of this title, the applicable factor is
1.3.
(C) For sources located in the El Paso area, as defined
in §115.10 of this title, the applicable factor is 1.2.
(D) For sources located in the Houston-Galveston-Brazoria
area, as defined in §115.10 of this title, the applicable factor
is 1.3.
(E) For sources located in the Bexar County area, as
defined in §115.10 of this title, the applicable factor is 1.15.
(F) 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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