Upon final adoption of any volatile organic compound program of general applicability by EPA, the executive director may review the provisions of the EPA program and the corresponding state program to determine the essential equivalency of the two programs. If the executive director determines that the EPA program is essentially equivalent to the requirements for this chapter, the executive director will state by notice published in the Texas Register that the regulated community will be considered to be in compliance with the new EPA program if they are in compliance with the applicable provisions of this chapter. Conversely, the regulated community will be considered to be in compliance with the applicable provisions of this chapter if they are in compliance with the new EPA program. Notice of intent to publish such equivalency determination shall be provided to the appropriate EPA regional office 45 days prior to publication. The executive director shall review any objection from EPA prior to final publication. Each affected company must file a notice of intent to inform the state which program they intend to use. The executive director will then inform the EPA regional office of each notice of intent.
30 Tex. Admin. Code § 115.940