(a) Alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Automotive Windshield Washer Fluid) 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 or greater.
(b) Any person who cannot comply with the requirements set forth in §115.612(a) of this title (relating to Control Requirements) because of extraordinary reasons beyond the person's reasonable control may apply in writing to the executive director for alternate control requirements.
  (1) The application shall set forth the following:
    (A) the specific grounds on which the alternate control requirements order is sought;
    (B) the requested terms and conditions; and
    (C) the specific method(s) by which compliance with the requested terms and conditions will be achieved.
  (2) Information submitted to the executive director by an applicant may be claimed as confidential, and if so claimed, shall be protected from public disclosure to the extent allowed under the Texas Open Records Act.
  (3) In considering whether to grant a deviation from §115.612(a) of this title, the executive director shall consider the facts and circumstances bearing on the reasonableness of a product's emissions, including:
    (A) the character and degree of injury to or interference with the public's health and physical property associated with product emissions when used for its intended purpose;
    (B) the product's social and economic value;
    (C) the technical practicability and economic reasonableness of reducing the emissions resulting from the product; and
    (D) the total emissions arising from use of the product.
  (4) Any alternate control requirements order shall specify terms and conditions, a date by which final compliance with its terms and conditions will occur, and may contain a condition that specifies increments of progress to assure timely compliance.
  (5) An alternate control requirements order shall cease to be effective upon failure of the party to whom the order was granted to comply with any substantive term or condition of the order.
  (6) If volatile organic compound standards are lowered for a product category through any subsequent rulemaking, all alternate control requirements orders granted for products in the product category shall have no force and effect as of the effective date of the modified volatile organic compound standard.

Source Note: The provisions of this §115.613 adopted to be effective May 27, 1994, 19 TexReg 3703; amended to be effective February 19, 2004, 29 TexReg 1365