(a) Where an owner or operator can demonstrate that an affected portland cement kiln cannot attain the ammonia emission specification in §117.3123(f) of this title (relating to Dallas-Fort Worth Eight-Hour Ozone Attainment Demonstration Control Requirements), the executive director may approve an emission specification different from §117.3123(f) 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 portland cement kiln;
  (2) shall determine that such specifications are the result of the lowest ammonia emission specification the unit is capable of meeting after the application of controls to meet the nitrogen oxides emission source cap of §117.3123 of this title; and
  (3) in determining whether to approve alternative ammonia emission specifications, may take into consideration the ability of the plant where the unit is located to meet emission specifications through plant-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. 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 division (relating to Cement Kilns).

Source Note: The provisions of this §117.3125 adopted to be effective June 14, 2007, 32 TexReg 3206