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Texas SIP: 30 TAC 115.930-115.940: Compliance and Control Plan Requirements; SIP effective 1997.06.23 TXc104 to 2008.03.27

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


As approved by EPA May 22, 1997 (62 FR 27964) effective June 23, 1997 (TXc104B).

          §115.930.  Compliance Dates.
          §115.932.  Control Plan Procedure.
          §115.934.  Control Plan Deviation.
          §115.936.  Reporting Procedure.
          §115.940.  Equivalency Determination.

§115.930.  Compliance Dates.

104B  For all counties affected by this chapter, the final compliance dates for revisions to control requirements are given within the section relating to counties and compliance schedules in each undesignated head if the final compliance date of any provision is after the date of adoption of the current revision to this chapter. If the compliance dates are not specified for any provision, the compliance date is past and all affected persons must be and remain in compliance with the provision as of the original compliance date.

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§115.932.  Control Plan Procedure.

104B  Within 30 days of a request by the Texas Natural Resources Conservation Commission (TNRCC), the owner or operator of any facility affected by the requirements of any undesignated head in this chapter (Chapter 115) shall submit a control plan for compliance which includes the compliance status of all emission controls required by this regulation, and a detailed description of the method to be followed to achieve compliance, specifying the exact dates by which the following steps will be taken to achieve compliance:

77A        (1)  dates by which contracts for emission control systems process modifications will be awarded, or dates by which orders will be issued for the purchase of component parts to accomplish emission control or process modification;

77A        (2)  date of initiation of on-site construction or installation of emission control equipment or process change;

77A        (3)  date by which on-site construction or installation of emission control equipment or process modification is to be completed; and

77A        (4)  date by which final compliance is to be achieved. Initial compliance testing shall be conducted no later than 180 days after the compliance deadline.

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§115.934.  Control Plan Deviation.

77A   No persons affected by §115.932 of this title (relating to Control Plan Procedure) shall deviate from the terms of the control plans including the date for final compliance and the dates for accomplishing the required steps in such plans.  The Executive Director may, upon application of any person affected, change the date for accomplishing the required steps in a plan.  Any control plan that specifies a final compliance date subsequent to the date specified by any sections of this regulation must be approved by the Texas Natural Resource Conservation Commission (TNRCC).  Approval of a delayed compliance order by the TNRCC does not constitute satisfaction of all federal requirements nor eliminate the need for approval by the United States Environmental Protection Agency.

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§115.936.  Reporting Procedure.

77A   After a final control plan for compliance has been submitted to the Executive Director, progress reports shall be submitted every 90 days for all control plans specified in §115.932 of this title (relating to Control Plan Procedure).  The Executive Director shall also be notified of the completion of each separate step in the control plan within five days after completion.  All reports and notifications shall be submitted in writing by the person submitting the compliance control plan.

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§115.940.  Equivalency Determination.

104B  Upon final adoption of any volatile organic compound program of general applicability by the United States Environmental Protection Agency (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.

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