CSR 45-21-9. Compliance Programs, Registration, Variance, Permits, Enforceability

§45-21-9. Compliance Programs, Registration, Variance, Permits, Enforceability. 9.1. Extended compliance programs and schedules. -- For sources as a result of this regulation that are required to make major process changes and/or major capital expenditures, as determined by the Director, an acceptable program to comply with this regulation shall be developed and submitted to the Director by the owner and/or operator of such source within 180 days of May 31, 1993. The program shall include the dates for ordering, receiving, installation, and start-up of necessary equipment. All such programs shall be embodied in an order or permit and approved by the Director. All such orders or permits shall contain a schedule and timetable for compliance certification, including increments of progress which will require compliance with the applicable requirements as expeditiously as practicable, but not later than December 31, 1996. 9.2. Registration. -- Within 30 days after May 31, 1993 all persons owning and/or operating a source subject to this regulation and not previously registered shall have registered such source(s) with the Director: Provided, that on a case-by case basis, the Director may extend the 30-day period for the registration of sources to allow sources up to one hundred eighty (180) days after May 31, 1993 to register. The information required for registration shall be determined and provided in the manner specified by the Director. Registration forms shall be requested from the Director by the owner or operator of such source(s). 9.3. Variance. -- If the provisions of this regulation cannot be satisfied due to repairs made as the result of routine maintenance or in response to the unavoidable malfunction of equipment, the Director may permit the owner or operator of a source subject to this regulation to continue to operate said source for periods not to exceed 10 days upon specific application to the Director. Such application shall be made prior to the making of repairs and, in the case of equipment malfunction, within 24 hours of the equipment malfunction. Where repairs will take in excess of 10 days to complete, additional time periods may be granted by the Director. In cases of major equipment failure, additional time periods may be granted by the Director provided a corrective program has been submitted by the owner or operator and approved by the Director. During such time periods, the owner or operator shall take all reasonable and practicable steps to minimize VOC emissions. 9.4. Permits. -- After May 31, 1993, no person shall construct or modify any source subject to this regulation without first obtaining a permit for such construction or modification pursuant to regulations of the Director. 9.5. Enforceability. -- For the purpose of federal enforceability of the provisions of this regulation which are adopted and incorporated in the state implementation plan, references to the Director shall also mean the Administrator of the U.S. EPA. 9.6. Severability. -- The provisions of this regulation are severable and if any provision or part thereof shall be held invalid, unconstitutional, or inapplicable to any person or circumstance, such invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sections, or parts of this regulation or their application to any persons and circumstances.