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compliance with all applicable local, state and federal laws and regulations.
The petition may include a copy of the permit application and need not duplicate information in the permit application.
(e)  The Director shall approve a petition for alternative control if:
(1)The petition is submitted in accordance with Paragraph (d) 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.
(f)  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).



(a)  Applicability.  This Rule applies to any facility located in Davidson, Durham, Forsyth, Gaston, Guilford, Mecklenburg, or Wake counties or the Dutchville Township in Granville county or that portion of Davie County that is bounded by the Yadkin River, Dutchman's Creek, NC Highway 801, Fulton Creek and back to the Yadkin River:
(1)that is built after June 30, 1994, or
(2)whose tanks are replaced or removed for upgrades or repairs after June 30, 1994.

When a new tank is added, the new tank shall comply with this Rule.

(b)  Exemptions. The burden of proof of eligibility for exemption from this Rule is on the owner or operator of the facility. Persons seeking an exemption from this Rule shall maintain records of throughput and shall furnish these records to the Director upon request. These records shall be maintained on file for three years. The following facilities are exempt from this Rule based upon the previous two years records:
(1)any facility that dispenses less than 10,000 gallons of gasoline per calendar month;
(2)any facility that dispenses less than 50,000 gallons of gasoline per calendar month and is an independent small business marketer of gasoline;
(3)any facility that dispenses gasoline exclusively for refueling marine vehicles, aircraft, farm equipment, and emergency vehicles; or
(4)any tanks used exclusively to test the fuel dispensing meters.

Any facility that ever exceeds the exemptions given in Subparagraphs (1), (2), (3), or (4) of this Paragraph shall be subject to all of the provisions of this Rule according to the schedule given in Paragraph (e) of this Rule, and shall remain subject to these provisions even if the facility's later operation meets the exemption requirements.

(c)  Definitions. For the purpose of this Rule, the following definitions apply:
(1)"Affected Facility" means any gasoline service station or gasoline dispensing facility subject to the requirements of this Rule.
(2)"CARB" means the California Air Resources Board.
(3)"Certified Stage II Vapor Recovery System" means any system certified by the California Air Resources Board as having a vapor recovery or removal efficiency of at least 95 percent by weight.
(4)"Facility" means any gasoline service station or gasoline dispensing facility.
(5)"ISBM" means independent small business marketer.
(6)"Independent Small Business Marketer of Gasoline" means a facility that qualifies under Section 324 of the Federal Clean Air Act.
(7)"Operator" means any person who leases, operates, controls, or supervises a facility at which gasoline is dispensed.
(8)"Owner" means any person who has legal or equitable title to the gasoline storage tank at a facility.
(9)"Stage II Vapor Recovery" means the control of gasoline vapor at the vehicle fill-pipe, where the vapors are captured and returned to a vaportight underground storage tank or are captured and destroyed.
(10)"Throughput" means the amount of gasoline dispensed at a facility during any calendar month.
(11)"Vapor Recovery Dispenser Riser" means piping rising from the vapor recovery piping to the dispenser.
(12)"Vapor Recovery Piping" means vapor return piping connecting the storage tank(s) with the vapor recovery dispenser riser(s).
(d)  Requirements. Affected facilities shall install the necessary piping for future installation of CARB certified Stage II vapor recovery system. The vapor piping shall extend from the tanks to the pumps.  The vapor piping shall be installed in accordance with the following requirements:
(1)Gasoline vapors shall be:

(A)transferred from each gasoline dispenser to the underground storage tank individually, or

(B)manifolded through a common header from which a single return line is connected through another

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008


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