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Texas SIP: 30 TAC 115.930-115.940: Compliance and Control Plan Requirements

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

SUBCHAPTER J : ADMINISTRATIVE PROVISIONS

5J3 DIVISION 3: COMPLIANCE AND CONTROL PLAN REQUIREMENTS
As approved by EPA February 27, 2008 (73 FR 10383) effective March 28, 2008 (TXd89)

Outline:
§115.930.  Compliance Dates. 5-71, TXd89
§115.932.  Control Plan Procedure. 5-71, TXd89
§115.934.  Control Plan Deviation. 5-71, TXd89
§115.936.  Reporting Procedure. 5-37, TXc77A  all
§115.940.  Equivalency Determination. 5-71, TXd89


§115.930.  Compliance Dates.
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).

     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 division 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.

Adopted April 26, 2002, Effective May 16, 2002 (5-71).
***end tx 115.930***5-71***EPA-R06-OAR-2005-TX-0015***TX021***TXd89***k36***


§115.932.  Control Plan Procedure.
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).

     Within 30 days of a request by the executive director, the owner or operator of any facility affected by the requirements of any division in this chapter shall submit a control plan for compliance which includes the compliance status of all emission controls required by this chapter, 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:

          (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;

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

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

          (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.

Adopted April 26, 2002, Effective May 16, 2002 (5-71).
***end tx 115.932***5-71***EPA-R06-OAR-2005-TX-0015***TX021***TXd89***k36***


§115.934.  Control Plan Deviation.
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).

     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 chapter must be approved by the executive director.  Approval of a delayed compliance order by the executive director does not constitute satisfaction of all federal requirements nor eliminate the need for EPA approval.

Adopted April 26, 2002, Effective May 16, 2002 (5-71).
***end tx 115.934***5-71***EPA-R06-OAR-2005-TX-0015***TX021***TXd89***k36***


§115.936.  Reporting Procedure.
As adopted by TACB December 8, 1989 effective February 19, 1990 (5-37).
Approved by EPA September 24, 1992 (57 FR 44124) effective October 26, 1992 at 40 CFR 52.2270/52.2299(c)(77).  See the “Chapter 115 SIP Map” document above for the meaning of the left-justified codes before each paragraph.

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.

************************ end 115.936 ********************


§115.940.  Equivalency Determination.
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).

     Upon final adoption of any volatile organic compound program of general applicability by 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.