Regulatory Text: 
Chapter 115.  Control of Air Pollution from Volatile Organic Compounds.

SUBCHAPTER J : ADMINISTRATIVE PROVISIONS

5J2 DIVISION 2: EARLY REDUCTIONS
As approved by EPA February 27, 2008 (73 FR 10383) effective March 28, 2008 (TXd89)

Outline:
§115.920.  Applicability. 5-71, TXd89
§115.923.  Documentation. 5-71, TXd89


§115.920.  Applicability.
5-71:  As adopted by TNRCC April 26, 2002 effective May 16, 2002 (5-71).
Approved by EPA February 27, 2008 (73 FR 10383) effective March 28, 2008 (TXd89).

     Any person affected by any control requirement of this chapter may apply to the executive director for a six-year extension of the compliance date for the control requirements imposed by any section of this chapter adopted after July 9, 1993, provided that the owner or operator of the affected sources has an approved early reduction application for those sources for which the owner or operator is seeking an extension as specified in 40 Code of Federal Regulations §63.79, and for which:

          (1)  volatile organic compound (VOC) emissions reductions were made after January 1, 1991, and are greater than or equal to the reductions which would be achieved by implementing the applicable method of control specified in this chapter;

          (2)  the alternate VOC emissions reductions are verifiable through testing or calculation methods which conform to good engineering practice and which are approvable by the executive director, and represent reductions in the actual emissions from the base year 1990, provided there is no evidence that emissions in the base year 1990 are artificially inflated or substantially greater than emissions in other years prior to implementation of emissions reduction measures;

          (3)  the alternate VOC reductions created by the Early Reductions Program must be surplus to reductions required by this chapter and any netting or offsetting requirements of §116.150 of this title (relating to New Major Source or Major Modification in Ozone Nonattainment Areas) and §116.161 of this title (relating to Source Located in an Attainment Area with a Greater Than De Minimis Impact); and

          (4)  the sources in the early reduction application may be restricted to the grouping of the same type of emissions sources based upon determination by the executive director.

Adopted April 26, 2002, Effective May 16, 2002 (5-71).
***end tx 115.920***5-71***EPA-R06-OAR-2005-TX-0015***TX021***TXd89***k36***


§115.923.  Documentation.
5-71:  As adopted by TNRCC April 26, 2002 effective May 16, 2002 (5-71).
Approved by EPA February 27, 2008 (73 FR 10383) effective March 28, 2008 (TXd89).

     (a)  For each source requesting a six-year extension of the compliance date for control requirements in accordance with §115.920 of this title (relating to Applicability), there shall be established an Early Reductions Plan reflecting the emission reduction for VOC which qualifies the source for the six-year extension.  In lieu of preparing a site-specific State Implementation Plan (SIP) for such Early Reductions Plan, a facility owner or operator shall comply with the requirements of this division (relating to Early Reductions).

     (b)  Documentation required for approval of the extension shall demonstrate to the satisfaction of the executive director that emissions data for the identified source reflects verifiable data based on information for such source.  Documentation shall include but is not limited to:

          (1)  a listing and description of controlled equipment;

          (2)  a listing of postponed required controls;

          (3)  a listing of uncontrolled emissions identified in the 1990 Emission Inventory;

          (4)  specific facility identification number(s) (FIN);

          (5)  specific emission point number(s) (EPN);

          (6)  account number(s);

          (7)  identification of applicable permit number(s);

          (8)  calculation(s), test data, and test methods for all VOC emissions associated with each identified source pertaining to paragraphs (1) and (2) of this subsection including an explanation;

          (9)  calculation(s), test data, and test methods for VOC reductions as compared to the 1990 Emission Inventory;

          (10)  an emission limitation; and

          (11)  any other relevant information necessary to evaluate the merits and/or enforceability of the Early Reduction Plan, as may be requested by the executive director.