(a)  This Rule applies to all sources covered under 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 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.

(c)  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 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 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.

(d)  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.

(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.


History Note:        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.