Section 115.920 - ApplicabilityAny 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.30 Tex. Admin. Code § 115.920
The provisions of this §115.920 adopted to be effective August 9, 1994, 19 TexReg 5730; amended to be effective May 16, 2002, 27 TexReg 4113