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PROPOSED RULES

startup or shutdown operation if the exemption is approved by the Director as meeting the requirements of this Subparagraph.
(c)  The following rules of this Section apply statewide:
(1).0925, Petroleum Liquid Storage in Fixed Roof Tanks, for fixed roof tanks at gasoline bulk plants and gasoline bulk terminals;
(2).0926, Bulk Gasoline Plants;
(3).0927, Bulk Gasoline Terminals;
(4).0928, Gasoline Service Stations Stage I;
(5).0932, Gasoline Truck Tanks and Vapor Collection Systems;
(6).0933, Petroleum Liquid Storage in External Floating Roof Tanks, for external floating roof tanks at bulk gasoline plants and bulk gasoline terminals;
(7).0948, VOC Emissions from Transfer Operations;
(8).0949, Storage of Miscellaneous Volatile Organic Compounds; and
(9).0958, Work Practices for Sources of Volatile Organic Compounds.
(d)  Rule .0953, Vapor Return Piping for Stage II Vapor Recovery, of this Section applies in Davidson, Durham, Forsyth, Guilford, Wake, Dutchville Township in Granville County, and that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River in accordance with provisions set out in that Rule.
(e)(d)  All sources located in Mecklenburg County that were required to comply with any of the Rules in Subparagraphs (e)(d)(1) or (2) of this Rule before July 5, 1995 shall continue to comply with these Rules:
(1).0917 through .0937 of this Section, or
(2).0943 through .0945 of this Section.
(f)(e)  The Rules in this Section apply to facilities with the potential to emit greater than or equal to 100 tons or more volatile organic compounds per year in the following areas:
(1)Cabarrus County
(2)Gaston County
(3)Lincoln County
(4)Mecklenburg County
(5)Rowan County
(6)Union County
(7)Davidson Township and Coddle Creek Township in Iredell County
(g)(f)  If a violation of the ambient air quality standard for ozone is measured in accordance with 40 CFR 50.9 in Davidson, Forsyth, or Guilford County or that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River, the Director shall initiate analysis to determine the control measures needed to attain and maintain the ambient air quality standard for ozone.  By the following May 1, the Director shall implement the specific stationary source control measures contained in this Section that are required as part of the control strategy necessary to bring the area into compliance and to maintain compliance with the ambient air quality standard for
ozone. The Director shall implement the rules in this Section identified as being necessary by the analysis by notice in the North Carolina Register.  The notice shall identify the rules that are to be implemented and shall identify whether the rules implemented are to apply in Davidson, Forsyth, or Guilford County or that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River or any combination thereof.  At least one week before the scheduled publication date of the North Carolina Register containing the Director's notice implementing rules in this Section, the Director shall send written notification to all permitted facilities within the county in which the rules are being implemented that are or may be subject to the requirements of this Section informing them that they are or may be subject to the requirements of this Section.  (For Forsyth County, "Director" means for the purpose of notifying permitted facilities in Forsyth County, the Director of the Forsyth County local air pollution control program.)  Compliance shall be in accordance with Rule .0909 of this Section.
(h)(g)  If a violation of the ambient air quality standard for ozone is measured in accordance with 40 CFR 50.9 in Durham or Wake County or Dutchville Township in Granville County, the Director shall initiate analysis to determine the control measures needed to attain and maintain the ambient air quality standard for ozone.  By the following May 1, the Director shall implement the specific stationary source control measures contained in this Section that are required as part of the control strategy necessary to bring the area into compliance and to maintain compliance with the ambient air quality standard for ozone.  The Director shall implement the rules in this Section identified as being necessary by the analysis by notice in the North Carolina Register.  The notice shall identify the rules that are to be implemented and shall identify whether the rules implemented are to apply in Durham or Wake County or Dutchville Township in Granville County or any combination thereof.  At least one week before the scheduled publication date of the North Carolina Register containing the Director's notice implementing rules in this Section, the Director shall send written notification to all permitted facilities within the county in which the rules are being implemented that are or may be subject to the requirements of this Section informing them that they are or may be subject to the requirements of this Section.  Compliance shall be in accordance with Rule .0909 of this Section.
(i)(h)  If EPA reclassifies the Charlotte-Gastonia-Rock Hill ozone nonattainment area as serious for ozone under Section 182 of the federal Clean Air Act, the rules in this Section shall apply to facilities in Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and Davidson and Coddle Creek townships in Iredell County with the potential to emit at least 50 tons but less than 100 tons of volatile organic compounds per year. Within 60 days of the reclassification, the Director shall notice the applicability of these Rules to these facilities in the North Carolina Register and shall send written notification to all permitted facilities within the counties in which the rules are being implemented that are or may be subject to the requirements of this Section informing them that they are or may be subject to the requirements of this Section. (For

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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