The owner or operator of any facility who is unable to meet the opacity limitations of §111.111(a)(1)(A) and (B) of this title (relating to Requirements for Specified Sources) with available and economically reasonable control technology may apply to the Texas Air Control Board (TACB) for approval of an alternate limit. Within 60 days after receipt of an application, TACB staff will either determine that the application is complete or will determine that it is incomplete and provide a written list of deficiencies. There shall be no more than 180 days between the initial application and the issuance of a certification of completeness by the executive director. Failure to obtain such certification shall result in a voiding of the application. Within 90 days after issuance of the certification of completeness, an adjudicative public hearing will be conducted in accordance with the requirements of §§103.31-103.34 of this title (relating to Initiation of Other Than Rulemaking Hearings) and §§103.41-103.65 of this title (relating to Adjudicative Hearings). The application will be approved if the applicant provides for the hearing record a preponderance of evidence which substantiates that emissions resulting from the alternate opacity limit will not result in an exceedance of any ambient air quality standard or other ambient air concentration limit prescribed by TACB or exacerbate any existing exceedance or cause or contribute to a nuisance as defined in §101.4 of this title (relating to Nuisance) and that:
  (1) all applicable concentration and mass limitations are met;
  (2) the facility has failed to meet the applicable opacity limitation during performance tests conducted with both the affected facility and the air pollution control equipment needed to comply with TACB regulations, and which were operating in a manner consistent with good engineering practice for minimizing the opacity of the emissions; and
  (3) it is technically impractical or economically unreasonable for the facility to comply with the established opacity limits.

Source Note: The provisions of this §111.113 adopted to be effective July 18, 1989, 14 TexReg 3290.