Any person affected by any control requirement of this chapter may
apply to the executive director for a six-year extension of the compliance
date for the control requirements imposed by any section of this chapter adopted
after July 9, 1993, provided that the owner or operator of the affected sources
has an approved early reduction application for those sources for which the
owner or operator is seeking an extension as specified in 40 Code of Federal
Regulations §63.79, and for which:
(1) volatile organic compound (VOC) emissions reductions were
made after January 1, 1991, and are greater than or equal to the reductions
which would be achieved by implementing the applicable method of control specified
in this chapter;
(2) the alternate VOC emissions reductions are verifiable through
testing or calculation methods which conform to good engineering practice
and which are approvable by the executive director, and represent reductions
in the actual emissions from the base year 1990, provided there is no evidence
that emissions in the base year 1990 are artificially inflated or substantially
greater than emissions in other years prior to implementation of emissions
reduction measures;
(3) the alternate VOC reductions created by the Early Reductions
Program must be surplus to reductions required by this chapter and any netting
or offsetting requirements of §116.150 of this title (relating to New
Major Source or Major Modification in Ozone Nonattainment Areas) and §116.161
of this title (relating to Source Located in an Attainment Area with a Greater
Than De Minimis Impact); and
(4) the sources in the early reduction application may be restricted
to the grouping of the same type of emissions sources based upon determination
by the executive director.
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