(a) Alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division may be approved by the executive director in accordance with §115.910 of this title (relating to Availability of Alternate Means of Control) if emission reductions are demonstrated to be substantially equivalent.
(b) The owner or operator of a pneumatic pump at a well site making a determination of technical infeasibility as provided in §115.174(e)(3) of this title (relating to Pneumatic Controller and Pump Control Requirements) shall make a clear demonstration that includes, but is not limited to, the following information:
  (1) the specific equipment for which technical infeasibility exists;
  (2) the reason such equipment cannot be controlled by any available control option, such as but is not limited to, safety considerations, distance from the control device, pressure losses and differentials in the closed vent system, and the ability of the control device to handle the pump emissions;
  (3) data to support reasoning in paragraph (2) of this subsection; and
  (4) a certification signed and dated by a qualified professional engineer certifying that the assessment of technical infeasibility prepared was true, accurate, and complete and that knowingly submitting false information is a violation of this subsection.
(c) The owner or operator of a pneumatic controller at a natural gas processing plant making a determination of a functional need as specified in §115.174(e)(4) of this title, must perform the following:
  (1) tag the pneumatic controller with a weatherproof tag; and
  (2) provide the reason meeting the control requirements cannot be met due to the functional need.

Source Note: The provisions of this §115.176 adopted to be effective July 21, 2021, 46 TexReg 4313