(a) For the owner or operator of a surface coating process subject to this division, 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) For any surface coating process at a specific property, the executive director may approve requirements different from those in §115.453(a)(1)(C) of this title (relating to Control Requirements) based upon the executive director's determination that such requirements will result in the lowest emission rate that is technologically and economically reasonable. When the executive director makes such a determination, the executive director shall specify the date or dates by which such different requirements must be met and shall specify any requirements to be met in the interim. If the emissions resulting from such different requirements equal or exceed 25 tons a year for a property, the determinations for that property must be reviewed every five years. Executive director approval does not necessarily constitute satisfaction of all federal requirements nor eliminate the need for approval by the United States Environmental Protection Agency in cases where specified criteria for determining equivalency have not been clearly identified in applicable sections of this chapter.

Source Note: The provisions of this §115.454 adopted to be effective December 29, 2011, 36 TexReg 8897