SECTION 319.12. Alternate Sampling and Laboratory Testing Methods

(a) For Texas Pollutant Discharge Elimination System (TPDES) permits, if a permittee determines the sampling and testing methods required by §319.11 of this title (relating to Sampling and Laboratory Testing Methods) are not suited to its particular situation, the permittee shall make a written request for authorization to use alternate sampling and testing procedures. Applications for alternate sampling and testing procedures shall be submitted to the executive director following the requirements of 40 Code of Federal Regulations §136.5. The permittee shall comply with the sampling and testing requirements in §319.11 of this title until written approval to use alternate methods is received from the United States Environmental Protection Agency. A permittee shall only use procedures included in the references cited in §319.11 of this title unless other test procedures have been specified in the permit.

(b) For non-TPDES permits, if a permittee determines the sampling and testing methods required by §319.11 of this title are not suited to its particular situation, the permittee shall make a written request for authorization to use alternate sampling and testing procedures. Applications for alternate sampling and testing procedures shall be submitted to the executive director. The permittee shall comply with the sampling and testing requirements in §319.11 of this title until written approval to use alternate methods is received from the executive director.

(1) Items that shall be included with an application for alternate sampling and testing procedures are:

(A) name and address of the applicant;

(B) Texas Commission on Environmental Quality permit number;

(C) list of parameters for which alternate procedures are being requested;

(D) copy of the method of the alternate procedures; and

(E) justification for the alternate sampling and test procedures.

(2) Additional information such as the comparability of data may also be requested by the executive director.

Source Note: The provisions of this §319.12 adopted to be effective July 27, 1988, 13 TexReg 3514; amended to be effective October 8, 1990, 15 TexReg 5501; amended to be effective November 12, 2020, 45 TexReg 8000