(a) Where a person can demonstrate that an affected unit cannot attain the ammonia specification of §117.3010(2) of this title (relating to Emission Specifications), the executive director may approve emission specifications different from the ammonia specification in §117.3010(2) of this title for that unit. The executive director:
  (1) shall consider on a case-by-case basis the technological and economic circumstances of the individual unit;
  (2) shall determine that such specifications are the result of the lowest emission limitation the unit is capable of meeting after the application of controls to meet the nitrogen oxides emission specifications of §117.3010 of this title; and
  (3) in determining whether to approve alternative emission specifications, may take into consideration the ability of the plant where the unit is located to meet emission specifications through system-wide averaging at maximum capacity.
(b) Any owner or operator affected by the executive director's decision to deny an alternative case specific emission specification may file a motion to overturn the executive director's decision. The requirements of §50.139 of this title (relating to Motion to Overturn Executive Director's Decision) apply.

Source Note: The provisions of this §117.3025 adopted to be effective June 14, 2007, 32 TexReg 3206