Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 115 - CONTROL OF AIR POLLUTION FROM VOLATILE ORGANIC › Subchapter J - ADMINISTRATIVE PROVISIONS › Division 1 - ALTERNATE MEANS OF CONTROL › Section 115.914 - Procedures for an Alternate Means of Control Plan Approval

Current through Reg. 49, No. 28; July 12, 2024
Upon a preliminary determination to approve or deny the
						proposed alternative means of control (AMOC) plan, the executive director
						shall, in writing, so notify the submitter of the plan, any local air pollution
						control program with jurisdiction over the account affected by the AMOC plan,
						and the EPA regional office.
(1) If
					 the executive director makes a preliminary determination to approve the AMOC
					 plan, then this notice shall include a copy of the AMOC plan as preliminarily
					 approved.
(2) If the executive
					 director makes a determination to deny the AMOC plan, then the notice shall
					 include a description of the reasons for such determination of denial. This
					 determination shall constitute a final action of the executive director
					 appealable to the commission as provided in paragraph (7) of this
					 section.
(3) Upon receipt of notice
					 from the executive director that the AMOC plan has received preliminary
					 approval, the AMOC applicant, at the applicant's own expense, shall cause to be
					 published notice of the applicant's intent to obtain an AMOC plan and of the
					 opportunity to submit written comments. Notice shall be consistent with §
											115.915 of
					 this title (relating to Public Notice Format).
(4) The executive director shall consider and
					 prepare a written response to all significant and timely written comments filed
					 in connection with an AMOC plan.
(5) In response to the written comments, the
					 executive director may modify the provisions of the AMOC plan, deny the AMOC
					 plan, or approve the AMOC plan without changes.
(6) The executive director shall send written
					 notice of his/her final determination concerning each AMOC plan to the
					 submitter of the plan, the EPA regional office, any local pollution control
					 program with jurisdiction over the account affected by the AMOC plan, and to
					 each person who submitted timely written comments. Such notice shall include
					 final AMOC plan provisions, a copy of the response to comments, and an
					 announcement of the opportunity to appeal the executive director's
					 determination to the commission. The notice required by this subsection shall
					 be sent by a means evidencing receipt.
(7) Any person entitled to notice under
					 paragraph (6) of this section may, within 15 days of the receipt of such
					 notice, file with the executive director an appeal of the final determination
					 on the AMOC plan. Such appeal shall be considered at the next regularly
					 scheduled meeting of the commission for which adequate notice may be made.
					 Based on arguments submitted to the commission during such appeal, the
					 commission may remand the AMOC determination to the executive director, deny
					 the AMOC plan, or issue the AMOC plan unchanged.
(8) Within 45 days of final approval of the
					 AMOC plan by the executive director, EPA may notify the commission of EPA's
					 disapproval of the executive director's final decision. Such notification shall
					 be in writing and shall include a statement of the reason(s) for the
					 disapproval and a specific listing of changes to the AMOC plan that must be
					 made in order to overcome the disapproval. Any time prior to the expiration of
					 the 45-day period, EPA may notify the executive director that no disapproval is
					 forthcoming. Upon receipt of a timely EPA disapproval, the executive director
					 shall void or revise the AMOC plan, and reissue the notice as required by
					 paragraph (6) of this section.
(9)
					 If no appeal of the executive director's decision to approve the AMOC plan is
					 filed pursuant to paragraph (7) of this section, the AMOC plan becomes
					 effective upon the acceptance of the plan by EPA as described in paragraph (11)
					 of this section.
(10) If an appeal
					 of the executive director's decision is filed, the AMOC plan becomes effective
					 upon the latter of the acceptance of the AMOC plan by the commission or the
					 acceptance of the AMOC plan by EPA.
(11) EPA acceptance is defined as explicit
					 approval of the AMOC plan by EPA, notification by EPA to the executive director
					 that no EPA disapproval is forthcoming, or failure of EPA to file notice of
					 disapproval within 45 days after the executive director's final decision to
					 approve the AMOC plan.