Current through Register Vol. 39, No. 6, September 16, 2024
(a) This Rule
applies to all sources regulated by this Section.
(b) If the owner or operator of any source of
volatile organic compounds subject to the requirements of this Section can
demonstrate that compliance with rules in this Section would be technologically
or economically infeasible, he or she may petition the Director to allow the
use of alternative operational or equipment controls for the reduction of
volatile organic compound emissions.
(c) The petition shall include:
(1) the name and address of the company and
the name and telephone number of the petitioner;
(2) a description of all operations conducted
at the location to which the petition applies and the purpose that the volatile
organic compound emitting equipment serves within the operations;
(3) reference to the specific operational and
equipment controls under the rules of this Section for which alternative
operational or equipment controls are proposed;
(4) a description of the proposed alternative
operational or equipment controls, the magnitude of volatile organic compound
emission reduction that will be achieved, and the quantity and composition of
volatile organic compounds that will be emitted if the alternative operational
or equipment controls are instituted;
(5) a plan, which will be instituted in
addition to the proposed alternative operational or equipment controls, to
reduce, where technologically and economically feasible, volatile organic
compound emissions from other source operations at the facility, further than
that required by the rules of this Section, if these sources exist at the
facility, such that aggregate volatile organic compound emissions from the
facility will in no case be greater through application of the alternative
control than would be allowed through conformance with the rules of this
Section;
(6) a schedule for the
installation or institution of the alternative operational or equipment
controls in conformance with
15A NCAC
02D .0909, as applicable; and
(7) certification that emissions of all other
air contaminants from the subject source are in compliance with all applicable
local, State, and federal laws and regulations.
The petition may include a copy of the permit
application.
(d)
The Director shall approve a petition for alternative control if:
(1) the petition is submitted in accordance
with Paragraph (c) of this Rule;
(2) the Director determines that the
petitioner cannot comply with the rules in question because of technological or
economical infeasibility;
(3) all
other air contaminant emissions from the facility are in compliance with, or
under a schedule for compliance as expeditiously as practicable with, all
applicable local, State, and federal regulations; and
(4) the petition contains a schedule for
achieving and maintaining reduction of volatile organic compound emissions to
the maximum extent feasible and as expeditiously as practicable.
(e) When controls different from
those specified in the appropriate emission standards in this Section are
approved by the Director, the permit shall contain a condition stating such
controls.
Authority
G.S.
143-215.3(a)(1);
143-215.107(a)(5);
Eff. July 1, 1994;
Amended Eff. September 1, 2010; January 1, 2009;
April 1, 2003; July 1, 1995; May 1, 1995;
Readopted Eff. November
1, 2020.
