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PROPOSED RULES

(3)The owner or operator shall certify to the Director within five days after the deadline, for each increment of progress in this Paragraph, whether the required increment of progress has been met.
(e)  If the Director requires a test to demonstrate that compliance has been achieved, the owner or operator of sources subject to this Rule shall conduct a test and submit a final test report within six months after the stated date of final compliance.
(f)  Sources already in compliance.
(1)Maintenance area and Charlotte ozone nonattainment area contingency plan.  Paragraph (c) of this Rule shall not apply to sources that are in compliance with applicable rules of this Section when the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone and that have determined and certified compliance to the satisfaction of the Director within six months after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone.
(2)Nonattainment areas. Paragraphs (d) of this Rule shall not apply to sources in an area named in Paragraph (f)(e) of Rule .0902 of this Section that are in compliance with applicable rules of this Section on March 1, 2007.
(g)  New sources.
(1)Maintenance area and Charlotte ozone nonattainment area contingency plan.  The owner or operator of any new source of volatile organic compounds not in existence or under construction before the date that the Director notices in the North Carolina Register in accordance with Paragraph (g), (h), or (i)(f), (g), or (h) of Rule .0902 of this Section the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone, shall comply with all applicable rules in this Section upon start-up of the source.
(2)Nonattainment areas. The owner or operator of any new source of volatile organic compounds not in existence or under construction before March 1, 2007 in an area identified in Paragraph (f)(e) of Rule .0902 shall comply with all applicable rules in this Section upon start-up of the source.

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5).

15A NCAC 02D .0952PETITION FOR ALTERNATIVE

CONTROLS FOR RACT

(a)  With the exceptions exception in Paragraph (b) of this Rule, this Rule applies to all sources covered under this Section.
(b)  This Rule does not apply to: to
(1)sources in Mecklenburg County to which Rules .0917 through .0937 of this Section apply and which are located at a facility where the total potential emissions of volatile organic compounds from all stationary sources at the facility are greater than or equal to 100 tons per year or more; and year.
(2)sources covered under Rule .0953 or .0954 of this Section.
(c)  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 may petition the Director to allow the use of alternative operational or equipment controls for the reduction of volatile organic compound emissions.  Petition shall be made for each source to the Director.
(d)  The petition shall contain:
(1)the name and address of the company and the name and telephone number of a company officer over whose signature the petition is submitted;
(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 detailed 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 under 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 Rule .0909 of this Section, as applicable; and
(7)certification that emissions of all other air contaminants from the subject source are in

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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