SECTION 112.53. Alternate Emissions Limitations

The owner or operator of any facility which is unable to meet the emission limitations of §112.51 of this title (relating to Emissions Limits for TRS Compounds from Kraft Pulp Mills) with technically available and economically reasonable control technology may apply to the executive director for approval of an alternate emission limit no later than July 31, 1990. The application may be approved if the applicant demonstrates that emissions resulting from the alternate emission limit will not result in an exceedance of any other emission limit prescribed by the Texas Air Control Board and will not cause or contribute to a nuisance as defined in §101.4 of this title (relating to Nuisance) and that:

(1) the facility has failed to meet the applicable emission limitation during performance tests which were conducted with both the affected facility and the technically available and economically reasonable control equipment operating in a manner consistent with good engineering practice for minimizing the emissions; and

(2) it is technically impractical or economically unreasonable for the facility to comply with the established emissions limits.

Source Note: The provisions of this §112.53 adopted to be effective July 14, 1989, 14 TexReg 3203.