Current through Register Vol. 39, No. 6, September 16, 2024
(a)
Except as set forth in Paragraph (b) of this Rule, the owner or operator of a
source may petition the Director to allow monitoring or data reporting
procedures varying from those prescribed by Subchapters 02D or 02Q of this
Chapter.
(b) This Rule shall not
apply to monitoring or reporting requirements of 40 CFR Part 60, 61, 62, 63,
75, or 97.
(c) To petition to use
alternative monitoring or data reporting procedures in place of those
procedures in Rules
15A NCAC
02D .0606,
02D .0607, or .0608 or Sections
15A NCAC
02D .0900,
02D .1200, or .1400, the owner or
operator of the source shall submit a written petition to the Director
containing the following:
(1) the name and
address of the company and the name and telephone number of a responsible
official, as defined by
15A NCAC
02Q .0303:
(2) a description of the sources at the
facility to which the petition applies;
(3) identification of the rule or rules for
which the alternative is sought;
(4) the basis or reason that alternative
monitoring and reporting procedure is more desirable than those prescribed by
the rule;
(5) a proposal of
alternative monitoring and reporting procedure;
(6) a demonstration that the alternative
procedure is at least as accurate as that prescribed by the rule;
(7) a showing that one or more of the
following conditions exist:
(A) a continuous
monitoring system or other device prescribed by the rule would not provide
accurate determinations of emissions;
(B) the emissions from two or more sources of
different design and operating characteristics are combined before release to
the atmosphere or the emissions are released to the atmosphere, through more
than one point;
(C) the
requirements prescribed by the rule would impose an extreme economic burden on
the source owner or operator. The determination of an extreme economic burden
shall be made on the basis of whether meeting the requirements prescribed by
the rule would produce serious hardship without equal or greater benefit to the
public;
(D) the monitoring systems
prescribed by the rule cannot be installed because of physical limitations at
the facility. The determination of such limitations shall be made on the basis
of whether meeting the requirements prescribed by this Rule would necessitate
reconstruction of the facility; or
(E) the alternative monitoring or reporting
procedure is more accurate and precise than that prescribed by the
rule;
(8) any other
information that the petitioner believes would be helpful to the Director in
evaluating the application.
(d) The Director may require the petitioner
to submit other information that is necessary to evaluate the proposed
monitoring or reporting procedures.
(e) The Director may approve the petition for
alternative monitoring and reporting procedures if:
(1) the petition is submitted in accordance
with this Rule and contains all the information required by Paragraph (c) of
this Rule;
(2) the petition
satisfies the showing required by Subparagraph (c)(7) of this Rule;
(3) the proposed alternative monitoring or
data reporting procedures provide information of sufficient quality to
determine the amount of emissions or the adequacy of the emission control
device or practice, such that the compliance status of the source can be
determined by reviewing this information; and
(4) the facility is in compliance with, or
under a schedule for compliance with, all applicable air quality
rules.
(f) If monitoring
or reporting requirements that differ from those specified in the appropriate
rule in Subchapters 02D or 02Q of this Chapter are approved by the Director,
the permit shall contain a condition stating such monitoring or reporting
requirements.
Authority
G.S.
143-215.3(a)(1);
143-215.65;
143-215.66;
143-215.107(a)(4);
Eff. April 1, 1999;
Readopted Eff. November 1,
2019.
