Section 115.123 - Alternate Control Requirements(a) The alternate control requirements for vent gas streams in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 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.30 Tex. Admin. Code § 115.123
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