SECTION 115.323. Alternate Control Requirements

For all affected persons in Gregg, Nueces, and Victoria Counties, the following alternate control techniques may apply.

(1) Any alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties) 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 executive director may approve an alternate monitoring method if the refinery operator can demonstrate that the alternate monitoring method satisfies the conditions of §115.324(7) of this title (relating to Inspection Requirements). Any request for an alternate monitoring method must be made in writing to the executive director.

(3) The owner or operator of a site in Gregg, Nueces, or Victoria Counties that is subject to this division may use the alternative work practice in §115.358 of this title (relating to Alternative Work Practice) as an optional alternative to hydrocarbon gas analyzer monitoring required under this division.

Source Note: The provisions of this §115.323 adopted to be effective February 19, 1990, 15 TexReg 549; amended to be effective August 1, 1992, 17 TexReg 4683; amended to be effective May 22, 1997, 22 TexReg 4213; amended to be effective August 29, 2001, 26 TexReg 6303; amended to be effective June 24, 2010, 35 TexReg 5293