(a) Instead of the requirements imposed by an applicable requirement or a state only requirement as defined in §122.10 of this title (relating to General Definitions), a permit holder of a federal operating permit may comply with more stringent or equivalent requirements, provided the requirements:
  (1) are established by §122.148(c)(1)(B) of this title (relating to Permit Shield) for streamlining multiple, duplicative, redundant, and/or contradicting applicable requirements or state only requirements; and
  (2) are adequate to assure compliance to the same extent as the applicable requirements or state-only requirements being superseded by a more stringent or equivalent requirement.
(b) A determination under subsection (a) of this section may include a method change (i.e., either a change to a commission monitoring or testing procedure which was previously approved by EPA or an alternative to an EPA-approved monitoring or test method) if approved by EPA.
(c) The more stringent, equivalent, or alternative requirement established by the executive director under this section is approved for the emission unit by EPA if:
  (1) it is a term or condition of a federal operating permit; and
  (2) EPA has not objected to the permit as required by §122.350 of this title (relating to EPA Review).

Source Note: The provisions of this §101.28 adopted to be effective December 23, 1999, 24 TexReg 11494