SUBCHAPTER 2D - AIR POLLUTION CONTROL REQUIREMENTS

SECTION .0100 - DEFINITIONS AND REFERENCES

15A NCAC 02D .0101	DEFINITIONS

The definition of any word or phrase used in Rules of this Subchapter is
the same as given in Article 21, G.S. 143, as amended. The following
words and phrases, which are not defined in the article, have the
following meaning:

(1)	"Act" means "The North Carolina Water and Air Resources Act."

(2)	"Administrator" means when it appears in any Code of Federal
Regulation incorporated by reference in this Subchapter, the Director of
the Division of Air Quality unless:

(a)	a specific rule in this Subchapter specifies otherwise, or

(b)	the U.S. Environmental Protection Agency in its delegation or
approval specifically states that a specific authority of the
Administrator of the Environmental Protection Agency is not included in
its delegation or approval.

(3)	"Air pollutant" means an air pollution agent or combination of such
agents, including any physical, chemical, biological, radioactive
substance or matter emitted into or otherwise entering the ambient air.

(4)	"Ambient air" means that portion of the atmosphere outside buildings
or other enclosed structures, stacks or ducts, and that surrounds human,
animal or plant life, or property.

(5)	"Approved" means approved by the Director of the Division of Air
Quality according to these Rules.

(6)	"Capture system" means the equipment (including hoods, ducts, fans,
etc.) used to contain, capture, or transport a pollutant to a control
device.

(7)	"CFR" means "Code of Federal Regulations."

(8)	"Combustible material" means any substance that, when ignited, will
burn in air.

(9)	"Construction" means change in method of operation or any physical
change, including on-site fabrication, erection, installation,
replacement, demolition, or modification of a source, that results in a
change in emissions or affects the compliance status.

(10)	"Control device" means equipment (fume incinerator, adsorber,
absorber, scrubber, filter media, cyclone, electrostatic precipitator,
or the like) used to destroy or remove air pollutant(s) before discharge
to the ambient air.

(11)	"Day" means a 24-hour period beginning at midnight.

(12)	"Director" means the Director of the Division of Air Quality unless
otherwise specified.

(13)	"Division" means Division of Air Quality.

(14)	"Dustfall" means particulate matter that settles out of the air and
is expressed in units of grams per square meter per 30-day period.

(15)	"Emission" means the release or discharge, whether directly or
indirectly, of any air pollutant into the ambient air from any source.

(16)	"Facility" means all of the pollutant emitting activities, except
transportation facilities as defined under Rule .0802 of this
Subchapter, that are located on one or more adjacent properties under
common control.

(17)	"FR" means Federal Register.

(18)	"Fugitive emission" means those emissions that could not reasonably
pass through a stack, chimney, vent, or other functionally equivalent
opening.

(19)	"Fuel burning equipment" means equipment whose primary purpose is
the production of energy or power from the combustion of any fuel. The
equipment is generally used for, but not limited to, heating water,
generating or circulating steam, heating air as in warm air furnace, or
furnishing process heat by transferring energy by fluids or through
process vessel walls.

(20)	"Garbage" means any animal and vegetable waste resulting from the
handling, preparation, cooking and serving of food.

(21)	"Incinerator" means a device designed to burn solid, liquid, or
gaseous waste material.

(22)	"Opacity" means that property of a substance tending to obscure
vision and is measured as percent obscuration.

(23)	"Open burning" means any fire whose products of combustion are
emitted directly into the outdoor atmosphere without passing through a
stack or chimney, approved incinerator, or other similar device.

(24)	"Owner or operator" means any person who owns, leases, operates,
controls, or supervises a facility, source, or air pollution control
equipment.

(25)	"Particulate matter" means any material except uncombined water
that exists in a finely divided form as a liquid or solid at standard
conditions.

(26)	"Particulate matter emissions" means all finely divided solid or
liquid material, other than uncombined water, emitted to the ambient air
as measured by methods specified in this Subchapter.

(27)	"Permitted" means any source subject to a permit under this
Subchapter or Subchapter 15A NCAC 02Q.

(28)	"Person" as defined in G.S. 143-212 includes any individual,
partnership, co-partnership, firm, company, corporation, association,
joint stock company, trust, estate, political subdivision, or any other
legal entity, or its legal representative, agent or assigns.

(29)	"PM10" means particulate matter with an aerodynamic diameter less
than or equal to a nominal 10 micrometers as measured by methods
specified in this Subchapter.

(30)	"PM10 emissions" means finely divided solid or liquid material,
with an aerodynamic diameter less than or equal to a nominal 10
micrometers emitted to the ambient air as measured by methods specified
in this Subchapter.

(31)	PM2.5" means particulate matter with an aerodynamic diameter less
than or equal to a nominal 2.5 micrometers as measured by methods
specified in this Subchapter.

(32)	"Refuse" means any garbage, rubbish, or trade waste.

(33)	"Rubbish" means solid or liquid wastes from residences, commercial
establishments, or institutions.

(34)	"Rural area" means an area that is primarily devoted to, but not
necessarily limited to, the following uses: agriculture, recreation,
wildlife management, state park, or any area of natural cover.

(35)	"Salvage operation" means any business, trade, or industry engaged
in whole or in part in salvaging or reclaiming any product or material,
including, but not limited to, metal, chemicals, motor vehicles,
shipping containers, or drums.

(36)	"Smoke" means small gas-borne particles resulting from incomplete
combustion, consisting predominantly of carbon, ash, and other burned or
unburned residue of combustible materials that form a visible plume.

(37)	"Source" means any stationary article, machine, process equipment,
or other contrivance; or any combination; or any tank-truck, trailer, or
railroad tank car; from which air pollutants emanate or are emitted,
either directly or indirectly.

(38)	"Sulfur oxides" means sulfur dioxide, sulfur trioxide, their acids
and the salts of their acids. The concentration of sulfur dioxide is
measured by the methods specified in this Subchapter.

(39)	"Total suspended particulate" means any finely divided solid or
liquid material, except water in uncombined form, that is or has been
airborne as measured by methods specified in this Subchapter.

(40)	"Trade wastes" means all solid, liquid, or gaseous waste materials
or rubbish resulting from combustion, salvage operations, building
operations, or the operation of any business, trade, or industry
including, but not limited to, plastic products, paper, wood, glass,
metal, paint, grease, oil and other petroleum products, chemicals, and
ashes.

(41)	"ug" means micrograms.

History Note:	Authority G.S. 143-213; 143-215.3(a)(1);

Eff. June 1, 1976;

Amended Eff. December 1, 1989; July 1, 1988; July 1, 1984;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until
the permanent rule becomes effective, whichever is sooner;

Amended Eff. December 1, 2005; June 1, 2004; July 1, 1998; July 1, 1996;
July 1, 1994.

15A NCAC 02D .0104	INCORPORATION BY REFERENCE

(a)  Anywhere there is a reference to rules contained in the Code of
Federal Regulations (CFR) or to an American Society for Testing and
Materials method (ASTM) in this Subchapter, those rules and methods are
incorporated by reference.

(b)  The Code of Federal Regulations and American Society for Testing
and Materials methods incorporated by reference in this Subchapter shall
automatically include any later amendments thereto unless a specific
rule specifies otherwise.

(c)  The Code of Federal Regulations may be purchased from the
Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250. The
cost of the referenced documents is as follows:

(1)	40 CFR Parts 1 to 51: fifty dollars ($50.00).

(2)	40 CFR Part 52: thirty-nine dollars ($39.00).

(3)	40 CFR Parts 53 to 59: eleven dollars ($11.00).

(4)	40 CFR Part 60: thirty-six dollars ($36.00).

(5)	40 CFR Parts 61 to 71: thirty-six dollars ($36.00).

(6)	40 CFR Parts 72 to 85: forty-one dollars ($41.00).

(7)	40 CFR Part 86: forty dollars ($40.00).

(8)	40 CFR Parts 87 to 135: five dollars ($5.00).

(9)	40 CFR Parts 260 to 299: forty dollars ($40.00).

These prices are October 15, 1996 prices.

(d)  The American Society for Testing and Materials methods may be
purchased from the Air Quality Division, PO Box 29580, Raleigh, North
Carolina 27626-0580 at a price of twenty cents ($0.20) per page.

History Note:	Authority G.S. 150B-21.6;

Eff. July 1, 1988;

Amended Eff. July 1, 1998; May 1, 1995; December 1, 1992; October 1,
1989.

SECTION .0200 - AIR POLLUTION SOURCES

15A NCAC 02D .0201	CLASSIFICATION OF AIR POLLUTION SOURCES

(a)  Purpose.  This Regulation establishes a system for classifying air
pollution sources.  The Commission shall use this classification system
to classify air pollution sources which the Commission believes to be of
sufficient importance to justify classification or control.

(b)  Scope.  This Regulation shall apply to all air pollution sources,
both combustion and non-combustion.  The following system for
classifying air pollution sources shall be used:

(1)	"Class I-C" includes all sources of air pollution using fuel burning
equipment for the production of heat to generate electricity for public
use.

(2)	"Class II-C" includes all sources of air pollution using fuel
burning equipment for the production of steam, and for other process
uses at commercial and industrial establishments.

(3)	"Class III-C" includes all sources of air pollution using fuel
burning equipment for comfort heating at institutional, commercial or
industrial establishments, or apartment houses having a central heating
system serving more than four apartments.

(4)	"Class IV-C" includes all sources of air pollution burning trash,
rubbish, refuse, or similar materials in incinerators, teepee burners,
or similar devices.

(5)	"Class V-C" includes all sources of air pollution using fuel burning
equipment for comfort heating that are not included in Class III-C.

(6)	"Class VI-C" includes all sources of air pollution using internal
combustion engines.

(7)	"Class I-I" includes all sources of air pollution resulting from
industrial plants engaged in the manufacture of chemicals or allied
products whose processes depend on the chemical reaction of two or more
elements or compounds and includes plants producing acids, fertilizer
materials, dyestuff, synthetic fibers and industrial gases.

(8)	"Class II-I" includes all sources of air pollution resulting from
industrial plants engaged in the production of pulp and paper.

(9)	"Class III-I" includes all sources of air pollution resulting from
the mining and processing of minerals, stone, clay and cement products,
and includes phosphate ore, mica and feldspar operations, stone quarries
and crushers, cement plants, concrete mixing plants, and masonry block
plants.

(10)	"Class IV-I" includes all sources of air pollution resulting from
industrial operations using petroleum products, and includes asphalt mix
plants, roofing felt plants, and petroleum products storage areas.

(11)	"Class V-I" includes all sources of air pollution resulting from
furniture, lumber, or wood product plants.

(12)	"Class VI-I" includes all sources of air pollution resulting from
textile manufacturing, textile dyeing or finishing plants.

(13)	"Class VII-I" includes all sources of air pollution resulting from
the shelling, drying, storage, ginning and processing of tobacco, corn,
soybeans, peanuts, cotton, fruits, vegetables, or other agricultural
products.

(14)	"Class VIII-I" includes all sources of air pollution resulting from
industries engaged in the processing of metals, and includes smelting,
casting foundries, metal working, and other similar operations.

(15)	"Class IX-I" includes all sources of air pollution resulting from
slaughtering and processing of meat, poultry, fish, and similar products
and from rendering or the recovering of by-products of these operations.

(16)	"Class X-I" includes all sources of air pollution resulting from
industries which do not fall within the classifications described in
Subparagraphs (b)(7) through (b)(15) of this Regulation.

These sources shall be controlled pursuant to the requirements of
regulations and other provisions of law.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4);

Eff. February 1, 1976;

Amended Eff. July 1, 1984; December 1, 1976.

15A NCAC 02D .0202	REGISTRATION OF AIR POLLUTION SOURCES

(a)  The Director may require the owner or operator of a source of air
pollution to register that source.

(b)  Any person required to register a source of air pollution with the
Division shall register the source on forms provided by the Division and
shall provide the following information:

(1)	the name of the person, company, or corporation operating the
sources;

(2)	the address, location, and county;

(3)	principal officer of the company;

(4)	quantities and kinds of raw materials used;

(5)	process flow sheets;

(6)	operating schedules;

(7)	total weights and kinds of air pollution released;

(8)	types and quantities of fuels used;

(9)	stack heights; and

(10)	other information considered essential in evaluating the potential
of the source to cause air pollution.

The forms shall be completed and returned to the Division within 60 days
following their receipt.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4);

Eff. February 1, 1976;

Amended Eff. July 1, 1998; June 1, 1985; July 1, 1984.

SECTION .0300 - AIR POLLUTION EMERGENCIES

15A NCAC 02D .0301	PURPOSE

Notwithstanding any other provisions of air pollution control
regulations or standards, this Section is designed to prevent the
excessive buildup of air contaminants during air pollution episodes
thereby preventing the occurrence of an emergency due to the effects of
these contaminants on the public health.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);

Eff. February 1, 1976.

15A NCAC 02D .0302	EPISODE CRITERIA

Conditions justifying the proclamation of an air pollution alert, air
pollution warning, or air pollution emergency shall be deemed to exist
whenever the director determines that the accumulation of air
contaminants in any place is attaining or has attained levels that
could, if such levels are sustained or exceeded, lead to a threat to the
health of the public.  In making this determination, the director shall
be guided by the following criteria:

(1)	Air Pollution Forecast.  An internal watch by the Division and local
air pollution control agencies shall be activated by a National Weather
Service advisory that an atmospheric stagnation advisory is in effect,
or the equivalent local forecast of stagnant atmospheric conditions.

(2)	Alert.  The alert level is that concentration of pollutants at which
first stage control actions are to begin.  The director shall proclaim
an alert when any of the following levels is reached at any monitoring
site:

(a)	sulfur dioxide -- 800 ug/m3 (0.3 p.p.m.), 24-hour average;

(b)	particulate -- 375 ug/m3, 24-hour average;

(c)	sulfur dioxide and particulate combined -- product of sulfur dioxide
ug/m3, 24-hour average, and particulate ug/m3, 24-hour average, equal to
65,000;

(d)	carbon monoxide  --  17 mg/m3 (15 p.p.m.), eight-hour average;

(e)	ozone -- 400 ug/m3 (0.2 p.p.m.), one-hour average;

(f)	nitrogen dioxide  -- 1130 ug/m3 (0.6 p.p.m.), one-hour average; 282
ug/m3 (0.15 p.p.m.), 24-hour average;

(g)	PM10--350 ug/m;, 24-hour average;and meteorological conditions are
such that pollutant concentrations can be expected to remain at these
levels for 12 or more hours or increase or, for ozone, the situation is
likely to recur within the next 24-hours unless control actions are
taken.

(3)	Warning.  The warning level indicates that air quality is continuing
to degrade and that additional abatement actions  are necessary.  The
Director shall proclaim a warning when any one of the following levels
is reached at any monitoring site:

(a)	sulfur dioxide  --  1600 ug/m3 (0.6 p.p.m.), 24-hour average

(b)	particulate -- 625 ug/m3, 24-hour average;

(c)	sulfur dioxide and particulate combined -- product of sulfur dioxide
ug/m3, 24-hour average, and particulate ug/m3, 24-hour average, equal to
261,000;

(d)	carbon monoxide  --  34 mg/m3 (30 p.p.m.), eight-hour average;

(e)	ozone -- 800 ug/m3 (0.4 p.p.m.), one-hour average;

(f)	nitrogen dioxide  --  2260 ug/m3 (1.2 p.p.m.), one-hour average; 565
ug/m3 (0.3 p.p.m.), 24-hour average;

(g)	PM10  --  420 ug/m;; 24-hour average;and meteorological conditions
are such that pollutant concentrations can be expected to remain at
these levels for 12 or more hours or increase or, for ozone, the
situation is likely to recur within the next 24 hours unless control
actions are taken.

(4)	Emergency.  The emergency level indicates that air quality is
continuing to degrade to a level that should never be reached and that
the most stringent control actions are necessary.  The Secretary of the
Department of Environment and Natural Resources with the concurrence of
the Governor shall declare an emergency when any one of the following
levels is reached at any monitoring site:

(a)	sulfur dioxide  --  2100 ug/m3 (0.8 p.p.m.), 24-hour average;

(b)	particulate -- 875 ug/m3, 24-hour average;

(c)	sulfur dioxide and particulate combined -- product of sulfur dioxide
ug/m3, 24-hour average, and particulate ug/m3, 24-hour average, equal to
393,000;

(d)	carbon monoxide  --  46 mg/m3 (40 p.p.m.), eight-hour average;

(e)	ozone -- 1000 ug/m3 (0.5 p.p.m.), one-hour average;

(f)	nitrogen dioxide  -- 3000 ug/m3 (1.6 p.p.m.), one-hour average; 750
ug/m3 (0.4 p.p.m.), 24-hour average;

(g)	PM10--500 ug/m;, 24-hour average.

(5)	Termination.  Once declared any level reached by application of
these criteria shall remain in effect until the criteria for that level
are no longer met.  At that time the next lower level shall be assumed.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);

Eff. February 1, 1976;

Amended Eff. July 1, 1998; July 1, 1988; July 1, 1984; June 1, 1980;
December 1, 1976.

15A NCAC 02D .0303	EMISSION REDUCTION PLANS

(a)  Air Pollution Alert.  Any person responsible for the operation of a
source of air pollution described in Regulation .0305 of this Section,
shall take all air pollution alert actions required for that source and
shall put into effect the preplanned program for an air pollution alert.

(b)  Air Pollution Warning.  Any person responsible for the operation of
a source of air pollution described in Regulation .0306 of this Section,
shall take all air pollution warning actions required for that source
and shall put into effect the preplanned program for an air pollution
warning.

(c)  Air Pollution Emergency.  Any person responsible for the operation
of a source of air pollution described in Regulation .0307 of this
Section, shall take all air pollution emergency actions required for
that source and shall put into effect the preplanned program for an air
pollution emergency.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);

Eff. February 1, 1976;

Amended Eff. July 1, 1984.

15A NCAC 02D .0304	PREPLANNED ABATEMENT PROGRAM

(a)  Any person who is responsible for the operation of a source of air
pollution that is described in Regulations .0305, .0306, or .0307 of
this Section, or that emits 100 tons per year or more of any one
pollutant shall prepare a plan to reduce the emissions of air pollutants
into the outdoor atmosphere during periods of an air pollution episode. 
The plan shall be consistent with good industrial practices and safe
operating procedures.  When the Director requests that the plan be
submitted for his review, the owner or operator of the source shall
submit the plan within 30 days of the Director's request.

(b)  When requested by the Commission in writing, any person responsible
for the operation of a source not described in Regulations .0305, .0306,
or .0307 of this Section, shall prepare a plan to reduce the emissions
of air pollutants into the outdoor atmosphere during periods of air
pollution alert, air pollution warning, and air pollution emergency. 
The plan shall be consistent with good industrial practices and safe
operating procedures.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);

Eff. February 1, 1976;

Amended Eff. July 1, 1988; July 1, 1984.

15A NCAC 02D .0305	EMISSION REDUCTION PLAN: ALERT LEVEL

(a)  General

(1)	There shall be no open burning by any person of trade waste,
vegetation, refuse, or debris in any form.

(2)	The use of incinerators for the disposal of any form of solid waste
shall be limited to the hours between 12-noon and 4:00 p.m.

(3)	Persons operating fuel burning equipment which requires boiler
lancing or soot blowing shall perform such operations only between the
hours of 12-noon and 4:00 p.m.

(4)	Persons operating motor vehicles should eliminate all unnecessary
operations.

(b)  Source Curtailment.  Any person responsible for the operation of a
source of air pollution  shall take all required control actions for the
alert level that are listed below:

(1)	Operators of coal or oil fired electric power generating facilities
shall:

(A)	use fuels having low ash and sulfur content,

(B)	perform boiler lancing and soot blowing between 12-noon and 4:00
p.m., and

(C)	divert electric power generation to facilities outside of alert
area;

(2)	Operators of coal or oil fired process steam generating facilities
shall:

(A)	use fuels having low ash and sulfur content,

(B)	perform boiler lancing and soot blowing between 12-noon and 4:00
p.m., and

(C)	reduce steam load demands consistent with continuing plant
operation;

(3)	Operators of manufacturing industries of the following
classifications: primary metals industry; petroleum refining and related
industries; chemical and allied products industries; paper and allied
products industries; glass, clay, and concrete products industries
shall:

(A)	reduce air pollutants from manufacturing operations by curtailing,
postponing or deferring production and related operations;

(B)	defer trade waste disposal operations which emit particles, gases,
vapors, or malodorous substances;

(C)	reduce heat load demands for processing; and

(D)	perform boiler lancing or soot blowing between 12-noon to 4:00 p.m.;

(4)	Municipal and commercial refuse disposal operations shall limit
burning of refuse in incinerators to hours between 12-noon to 4:00 p.m.;

(5)	Other persons requested by the Commission to prepare a preplanned
abatement plan shall take all required control actions for the alert
level contained in their plan.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);

Eff. February 1, 1976;

Amended Eff. July 1, 1984; December 1, 1976.

15A NCAC 02D .0306	EMISSION REDUCTION PLAN: WARNING LEVEL

(a)  General

(1)	There shall be no open burning by any person of trade waste, refuse,
vegetation, or debris in any form.

(2)	The use of incinerators for the disposal of solid waste or liquid
waste shall be prohibited.

(3)	Persons operating fuel burning equipment which requires boiler
lancing or soot blowing shall perform such operations only between
12-noon and 4:00 p.m.

(4)	Persons operating motor vehicles should minimize their use through
car pools and increased use of public transportation.

(b)  Source Curtailment.  Any person responsible for the operation of a
source of air pollution shall take all required control actions for the
warning level that are listed below:

(1)	Operators of coal or oil fired electric power generating facilities
shall:

(A)	use fuels having the lowest ash and sulfur content, 

(B)	perform boiler lancing and soot blowing between 12-noon to 4:00
p.m., and

(C)	divert electric power generating to facilities outside of warning
area;

(2)	Operators of coal or oil fired process steam generating facilities
shall:

(A)	use fuels having the lowest ash and sulfur content,

(B)	perform boiler lancing and soot blowing between 12-noon to 4:00
p.m.,

(C)	reduce steam load demands consistent with continuing plant
operations, and

(D)	prepare to use the plan of action to be taken if an emergency
develops;

(3)	Operators of manufacturing industries of the following
classifications:  primary metal industries; petroleum refining and
related industries; chemical and allied products industries; paper and
allied products industries; glass, clay and concrete products industries
shall:

(A)	reduce air pollutants from manufacturing operations by, if
necessary, assuming reasonable economic hardship by postponing
production and related operations;

(B)	defer trade waste disposal operations which emit particles, gases,
vapors, or malodorous substances;

(C)	reduce heat load demands for processing consistent with continuing
plant operations; and

(D)	perform boiler lancing or soot blowing between 12-noon to 4:00 p.m.;

(4)	Municipal and commercial refuse disposal operations shall stop
incinerating waste;

(5)	Other persons requested by the Commission to prepare a preplanned
abatement plan shall take all required control actions for the warning
level contained in their plan.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);

Eff. February 1, 1976;

Amended Eff. July 1, 1984; December 1, 1976.

15A NCAC 02D .0307	EMISSION REDUCTION PLAN: EMERGENCY LEVEL

(a)  General

(1)	There shall be no open burning by any person of trade waste,
vegetation, refuse, or debris in any form.

(2)	The use of incinerators for the disposal of any form of solid or
liquid waste shall be prohibited.

(3)	All places of employment described below shall immediately cease
operations:

(A)	mining and quarrying of nonmetallic minerals;

(B)	all manufacturing establishments except those required to have in
force an air pollution emergency plan;

(C)	all construction work involving grading or other operations which
generate dust;

(D)	all wholesale and retail establishments except pharmacies and stores
primarily engaged in the sale of food;

(E)	all commercial and manufacturing establishments, automobile repair
services and garages, laundries, barbershops, beauty shops and motion
picture theaters; and

(F)	elementary and secondary schools, colleges, universities and
professional schools.

(4)	The use of motor vehicles is prohibited except in emergencies with
the approval of local or state police.

(b)  Source Curtailment.  Any person responsible for the operation of a
source of air pollution shall take all required control actions for the
emergency level that are listed below:

(1)	Operators of coal or oil fired electric power generating facilities
shall:

(A)	use fuels having lowest ash and sulfur content,

(B)	perform boiler lancing or soot blowing between 12-noon to 4:00 p.m.,

(C)	divert electric power generating to facilities outside of emergency
area;

(2)	Operators of coal or oil fired process steam generating facilities
shall:

(A)	reduce heat and steam demands to that absolutely necessary to
prevent equipment damage,

(B)	perform boiler lancing and soot blowing between 12-noon and 4:00
p.m.,

(C)	take the action called for in the abatement plan;

(3)	Operators of manufacturing industries of the following
classifications:  primary metals industries; petroleum refining and
related industries; chemical and allied products industries; paper and
allied products industries; glass, clay and concrete products industries
shall:

(A)	eliminate air pollutants from manufacturing operations by ceasing,
curtailing, postponing or deferring production and related operations of
the extent possible without  causing injury to persons or damage to
equipment;

(B)	eliminate air pollution from trade waste disposal processes which
emit particles, gases, vapors, or malodorous substances;

(C)	reduce heat load demands for processing to the minimum;

(D)	perform boiler lancing or soot blowing between 12-noon to 4:00 p.m.;

(4)	Municipal and commercial refuse disposal operations shall stop
incinerating waste;

(5)	Other persons requested by the Commission to prepare a preplanned
abatement plan shall take all required control actions for the emergency
level contained in their plan.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);

Eff. February 1, 1976;

Amended Eff. July 1, 1984; December 1, 1976.

SECTION .0400 - AMBIENT AIR QUALITY STANDARDS

15A NCAC 02D .0401	PURPOSE

(a)  The purpose of the ambient air quality standards set out in this
Section is to establish certain maximum limits on parameters of air
quality considered desirable for the preservation and enhancement of the
quality of the state's air resources.  Furthermore, the objective of the
Commission, consistent with the North Carolina Air Pollution Control
Law, shall be to prevent significant deterioration in ambient air
quality in any substantial portion of the state where existing air
quality is better than the standards.  An atmosphere in which these
standards are not exceeded should provide for the protection of the
public health, plant and animal life, and property.

(b)  Ground level concentrations of pollutants will be determined by
sampling at fixed locations in areas beyond the premises on which a
source is located.  The standards are applicable at each such sampling
location in the state.

(c)  No facility or source of air pollution shall cause any ambient air
quality standard in this Section to be exceeded or contribute to a
violation of any ambient air quality standard in this Section except as
allowed by Rules .0531 or .0532 of this Subchapter.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. February 1, 1976;

Amended Eff. December 1, 1992; October 1, 1989; July 1, 1984.

15A NCAC 02D .0402	SULFUR OXIDES

(a)  The ambient air quality standards for sulfur oxides measured as
sulfur dioxide are:

(1)	80 micrograms per cubic meter (0.03 p.p.m.) annual arithmetic mean,

(2)	365 micrograms per cubic meter (0.14 p.p.m.) maximum 24-hour
concentration not to be exceeded more than once per year,

(3)	1300 micrograms per cubic meter (0.5 p.p.m.) maximum three-hour
concentration not to be exceeded more than once per year.

(b)  Sampling and analysis shall be in accordance with procedures in
Appendix A 40 CFR Part 50 or equivalent methods established under 40 CFR
Part 53.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. February 1, 1976;

Amended Eff. July 1, 1984; December 1, 1976.

15A NCAC 02D .0403	TOTAL SUSPENDED PARTICULATES

(a)  The ambient air quality standards for total suspended particulate
matter are:

(1)	75 micrograms per cubic meter annual geometric mean,

(2)	150 micrograms per cubic meter maximum 24-hour concentration not to
be exceeded more than once per year.

(b)  Sampling and analysis shall be in accordance with procedures in
Appendix B of 40 C.F.R Part 50 or equivalent methods established under
40 CFR Part 53.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. February 1, 1976;

Amended Eff. July 1, 1988; July 1, 1984; October 15, 1981.

15A NCAC 02D .0404	CARBON MONOXIDE

(a)  The ambient air quality standards for carbon monoxide are:

(1)	9 parts per million (10 milligrams per cubic meter) maximum
eight-hour average concentration not to be exceeded more than once per
year,

(2)	35 parts per million (40 milligrams per cubic meter) maximum
one-hour average concentration not to be exceeded more than once per
year.

(b)  Sampling and analysis shall be in accordance with procedures in
Appendix C 40 CFR Part 50 or equivalent methods established under 40 CFR
Part 53.

(c)  An eight-hour average shall be considered valid if at least 75
percent of the hourly averages for the eight-hour period are available. 
In the event that only six or seven hourly averages are available, the
eight-hour average shall be computed on the basis of the hours available
using six or seven as the divisor.

(d)  When summarizing data for comparison with the standards, averages
shall be stated to one decimal place.  Comparison of the data with the
levels of the standards in parts per million shall be made in terms of
integers with fractional parts of 0.5 or greater rounding up.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. February 1, 1976;

Amended Eff. October 1, 1989; July 1, 1984; December 1, 1976.

15A NCAC 02D .0405	OZONE

The ambient air quality standard for ozone measured by a reference
method based on Appendix D of 40 CFR Part 50 and designated according to
40 CFR Part 53 is 0.08 parts per million (ppm), daily maximum 8-hour
average.  The standard is attained at an ambient air quality monitoring
site when the average of the annual fourth-highest daily maximum 8-hour
average ozone concentration is less than or equal to 0.08 parts per
million (ppm) as determined by Appendix I of 40 CFR Part 50, or
equivalent methods established under 40 CFR Part 53.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. February 1, 1976;

Amended Eff. April 1, 1999; July 1, 1984; July 1, 1979; December 1,1976.

15A NCAC 02D .0407	NITROGEN DIOXIDE

(a)  The ambient air quality standard for nitrogen dioxide is 0.053
parts per million (100 micrograms per cubic meter) annual arithmetic
mean.

(b)  Sampling and analysis shall be in accordance with procedures in
Appendix F 40 CFR Part 50 or equivalent methods established under 40 CFR
Part 53.

(c)  The standards are attained when the annual arithmetic mean
concentration in a calendar year is less than or equal to 0.053 parts
per million, rounded to three decimal places (fractional parts equal to
or greater than 0.0005 parts per million are rounded up).  To
demonstrate attainment, an annual mean must be based on hourly data that
are at least 75 percent complete or on data derived from manual methods
that are at least 75 percent complete for the scheduled sampling days in
each calendar quarter.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. February 1, 1976;

Amended Eff. October 1, 1989; July 1, 1984; December 1, 1976.

15A NCAC 02D .0408	LEAD

The ambient air quality standard for lead and its compounds, measured as
elemental lead by a reference method based on Appendix G of 40 CFR Part
50 or by an equivalent method established under 40 CFR Part 53, is 1.5
micrograms per cubic meter, maximum arithmetic mean over a calendar
quarter.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. June 1, 1980;

Amended Eff. July 1, 1984.

15A NCAC 02D .0409	PM10 PARTICULATE MATTER

(a)  The ambient air quality standards for PM10 particulate matter are:

(1)	150 micrograms per cubic meter (ug/m3), 24-hour average
concentration; and

(2)	50 micrograms per cubic meter (ug/m3), annual arithmetic mean.

These standards are attained when the annual arithmetic mean
concentration is less than or equal to 50 ug/m3, and when the 99th
percentile 24-hour concentration is less than or equal to 150 ug/m3, as
determined according to Appendix N of 40 CFR Part 50.

(b)  For the purpose of determining attainment of the standards in
Paragraph (a) of this Rule, particulate matter shall be measured in the
ambient air as PM10 (particles with an aerodynamic diameter less than or
equal to a nominal 10 micrometers) by either:

(1)	a reference method based on Appendix M of 40 CFR Part 50 and
designated according to 40 CFR Part 53; or

(2)	an equivalent method designated according to 40 CFR Part 53.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. July 1, 1988;

Amended Eff. April 1, 1999.

15A NCAC 02D .0410	PM2.5 PARTICULATE MATTER

(a)  The ambient air quality standards for PM2.5 particulate matter are:

(1)	15.0 micrograms per cubic meter (ug/m3), annual arithmetic mean
concentration; and

(2)	65 micrograms per cubic meter (ug/m3), 24-hour average
concentration.

These standards are attained when the annual arithmetic mean
concentration is less than or equal to 15.0 ug/m3 and when the 98th
percentile 24-hour concentration is less than or equal to 65 ug/m3, as
determined according to Appendix N of 40 CFR Part 50.

(b)  For the purpose of determining attainment of the standards in
Paragraph (a) of this Rule, particulate matter shall be measured in the
ambient air as PM2.5 (particles with an aerodynamic diameter less than
or equal to a nominal 2.5 micrometers) by either:

(1)	a reference method based on Appendix L of 40 CFR Part 50 and
designed according to 40 CFR Part 53; or

(2)	an equivalent method designed according to 40 CFR Part 53.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. April 1, 1999.

SECTION .0500 - EMISSION CONTROL STANDARDS

15A NCAC 02D .0501	COMPLIANCE WITH EMISSION CONTROL STANDARDS

(a)  Purpose and Scope. The purpose of this Rule is to assure orderly
compliance with emission control standards found in this Section. This
Rule shall apply to all air pollution sources, both combustion and
non-combustion.

(b)  All new sources shall be in compliance prior to beginning
operations.

(c)  In addition to any control or manner of operation necessary to meet
emission standards in this Section, any source of air pollution shall be
operated with such control or in such manner that the source shall not
cause the ambient air quality standards of Section .0400 of this
Subchapter to be exceeded at any point beyond the premises on which the
source is located.  When controls more stringent than named in the
applicable emission standards in this Section are required to prevent
violation of the ambient air quality standards or are required to create
an offset, the permit shall contain a condition requiring these
controls.

(d)  The Bubble Concept. A facility with multiple emission sources or
multiple facilities within the same area may choose to meet the total
emission limitation for a given pollutant through a different mix of
controls than that required by the rules in this Section or Section
.0900 of this Subchapter.

(1)	In order for this mix of alternative controls to be permitted the
Director shall determine that the following conditions are met:

(A)	Sources to which Rules .0524, .0530, .0531, .1110 or .1111 of this
Subchapter, the federal New Source Performance Standards (NSPS), the
federal National Emission Standards for Hazardous Air Pollutants
(NESHAPS), regulations established pursuant to Section 111 (d) of the
federal Clean Air Act, or state or federal Prevention of Significant
Deterioration (PSD) requirements apply, shall have emissions no larger
than if there were not an alternative mix of controls;

(B)	The facility (or facilities) is located in an attainment area or an
unclassified area or in an area that has been demonstrated to be
attainment by the statutory deadlines (with reasonable further progress
toward attainment) for those pollutants being considered;

(C)	All of the emission sources affected by the alternative mix are in
compliance with applicable regulations or are in compliance with
established compliance agreements; and

(D)	The review of an application for the proposed mix of alternative
controls and the enforcement of any resulting permit will not require
expenditures on the part of the State in excess of five times that which
would otherwise be required.

(2)	The owner(s) or operator(s) of the facility (facilities) shall
demonstrate to the satisfaction of the Director that the alternative mix
of controls is equivalent in total allowed emissions, reliability,
enforceability, and environmental impact to the aggregate of the
otherwise applicable individual emission standards; and

(A)	that the alternative mix approach does not interfere with attainment
and maintenance of ambient air quality standards and does not interfere
with the PSD program; this demonstration shall include modeled
calculations of the amount, if any, of PSD increment consumed or
created;

(B)	that the alternative mix approach conforms with reasonable further
progress requirements in any nonattainment area;

(C)	that the emissions under the alternative mix approach are in fact
quantifiable, and trades among them are even;

(D)	that the pollutants controlled under the alternative mix approach
are of the same criteria pollutant categories, except that emissions of
some criteria pollutants used in alternative emission control strategies
are subject to the limitations as defined in 44 FR 71784 (December 11,
1979), Subdivision D.1.c.ii. The Federal Register referenced in this
Part is hereby incorporated by reference and does not include subsequent
amendments or editions.

The demonstrations of equivalence shall be performed with at least the
same level of detail as The North Carolina State Implementation Plan for
Air Quality demonstration of attainment for the area in question.
Moreover, if the facility involves another facility in the alternative
strategy, it shall complete a modeling demonstration to ensure that air
quality is protected. Demonstrations of equivalency shall also take into
account differences in the level of reliability of the control measures
or other uncertainties.

(3)	The emission rate limitations or control techniques of each source
within the facility (facilities) subjected to the alternative mix of
controls shall be specified in the facility's (facilities') permits(s).

(4)	Compliance schedules and enforcement actions shall not be affected
because an application for an alternative mix of controls is being
prepared or is being reviewed.

(5)	The Director may waive or reduce requirements in this Paragraph up
to the extent allowed by the Emissions Trading Policy Statement
published in the Federal Register of April 7, 1982, pages 15076-15086,
provided that the analysis required by Paragraph (e) of this Rule
supports any waiver or reduction of requirements. The Federal Register
referenced in this Paragraph is hereby incorporated by reference and
does not include subsequent amendments or editions.

(e)  In a permit application for an alternative mix of controls under
Paragraph (d) of this Rule, the owner or operator of the facility shall
demonstrate to the satisfaction of the Director that the proposal is
equivalent to the existing requirements of the SIP in total allowed
emissions, enforceability, reliability, and environmental impact. The
Director shall provide for public notice with an opportunity for a
request for public hearing following the procedures under 15A NCAC 02Q
.0300 or .0500, as applicable. 

(1)	If and when a permit containing these conditions is issued under 15A
NCAC 02Q .0300 (non-Title V permits), it shall become a part of the
state implementation plan (SIP) as an appendix available for inspection
at the department's regional offices. Until the U.S. Environmental
Protection Agency (EPA) approves the SIP revision embodying the permit
containing an alternative mix of controls, the facility shall continue
to meet the otherwise applicable existing SIP requirements. 

(2)	If and when a permit containing these conditions is issued under 15A
NCAC 02Q .0500 (Title V permits), it shall be available for inspection
at the department's regional offices. Until the EPA approves the Title V
permit containing an alternative mix of controls, the facility shall
continue to meet the otherwise applicable existing SIP requirements.

The revision shall be approved by EPA on the basis of the revision's
consistency with EPA's "Policy for Alternative Emission Reduction
Options Within State Implementation Plans" as promulgated in the Federal
Register of December 11, 1989, pages 71780-71788, and subsequent
rulings.

If owner or operator of any combustion and non-combustion source or
control equipment subject to the requirements of this Section is
required to demonstrate compliance with a rule in this Section, the
source testing procedures of Section .2600 of this Subchapter shall be
used.

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

Eff. February 1, 1976;

Amended Eff. August 1, 1991; October 1, 1989;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until
the permanent rule is effective, whichever is sooner;

Amended Eff. June 1, 2008; April 1, 2001; April 1, 1999; July 1, 1996;
February 1, 1995; July 1, 1994.

15A NCAC 02D .0502	PURPOSE

The purpose of the emission control standards set out in this Section is
to establish maximum limits on the rate of emission of air contaminants
into the atmosphere.  All sources shall be provided with the maximum
feasible control.

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

Eff. February 1, 1976;

Amended Eff. June 1, 1981.

15A NCAC 02D .0503	PARTICULATES FROM FUEL BURNING INDIRECT HEAT
EXCHANGERS

(a)  For the purpose of this Rule the following definitions shall apply:

(1)	"Functionally dependent" means that structures, buildings or
equipment are interconnected through common process streams, supply
lines, flues, or stacks.

(2)	"Indirect heat exchanger" means any equipment used for the
alteration of the temperature of one fluid by the use of another fluid
in which the two fluids are separated by an impervious surface such that
there is no mixing of the two fluids.

(3)	"Plant site" means any single or collection of structures,
buildings, facilities, equipment, installations, or operations which:

(A)	are located on one or more adjacent properties,

(B)	are under common legal control, and

(C)	are functionally dependent in their operations.

(b)  The definition contained in Subparagraph (a)(3) of this Rule does
not affect the calculation of the allowable emission rate of any
indirect heat exchanger permitted prior to April 1, 1999.

(c)  With the exceptions in Rule .0536 of this Section, emissions of
particulate matter from the combustion of a fuel that are discharged
from any stack or chimney into the atmosphere shall not exceed:

Allowable Emission Limit

Maximum Heat Input In					For Particulate Matter

Million Btu/Hour						In Lb/Million Btu

Up to and Including 10						0.60

100								0.33

1,000								0.18

10,000 and Greater						0.10

For a heat input between any two consecutive heat inputs stated in the
preceding table, the allowable emissions of particulate matter shall be
calculated by the equation E = 1.090 times Q to the -0.2594 power.  E =
allowable emission limit for particulate matter in lb/million Btu.  Q =
maximum heat input in million Btu/hour.

(d)  This Rule applies to installations in which fuel is burned for the
purpose of producing heat or power by indirect heat transfer.  Fuels
include those such as coal, coke, lignite, peat, natural gas, and fuel
oils, but exclude wood and refuse not burned as a fuel.  When any
refuse, products, or by-products of a manufacturing process are burned
as a fuel rather than refuse, or in conjunction with any fuel, this
allowable emission limit shall apply.

(e)  For the purpose of this Rule, the maximum heat input shall be the
total heat content of all fuels which are burned in a fuel burning
indirect heat exchanger, of which the combustion products are emitted
through a stack or stacks.  The sum of maximum heat input of all fuel
burning indirect heat exchangers at a plant site which are in operation,
under construction, or permitted pursuant to 15A NCAC 2Q, shall be
considered as the total heat input for the purpose of determining the
allowable emission limit for particulate matter for each fuel burning
indirect heat exchanger.  Fuel burning indirect heat exchangers
constructed or permitted after February 1, 1983, shall not change the
allowable emission limit of any fuel burning indirect heat exchanger
whose allowable emission limit has previously been set.  The removal of
a fuel burning indirect heat exchanger shall not change the allowable
emission limit of any fuel burning indirect heat exchanger whose
allowable emission limit has previously been established.  However, for
any fuel burning indirect heat exchanger constructed after, or in
conjunction with, the removal of another fuel burning indirect heat
exchanger at the plant site, the maximum heat input of the removed fuel
burning indirect heat exchanger shall no longer be considered in the
determination of the allowable emission limit of any fuel burning
indirect heat exchanger constructed after or in conjunction with the
removal.  For the purposes of this Paragraph, refuse not burned as a
fuel and wood shall not be considered a fuel.  For residential
facilities or institutions (such as military and educational) whose
primary fuel burning capacity is for comfort heat, only those fuel
burning indirect heat exchangers located in the same power plant or
building or otherwise physically interconnected (such as common flues,
steam, or power distribution line) shall be used to determine the total
heat input.

(f)  The emission limit for fuel burning equipment that burns both wood
and other fuels in combination, or for wood and other fuel burning
equipment that is operated such that emissions are measured on a
combined basis, shall be calculated by the equation Ec = [(EW)(Qw) +
(Eo)(Qo)] /Qt.

(1)	Ec = the emission limit for combination or combined emission
source(s) in lb/million Btu.

(2)	Ew = plant site emission limit for wood only as determined by Rule
.0504 of this Section in lb/million  Btu.

(3)	Eo = the plant site emission limit for other fuels only as
determined by Paragraphs (a), (b) and (c) of this Rule in lb/million
Btu.

(4)	Qw = the actual wood heat input to the combination or combined
emission source(s) in Btu/hr.

(5)	Qo = the actual other fuels heat input to the combination or
combined emission source(s) in Btu/hr.

(6)	Qt = Qw + Qo and is the actual total heat input to combination or
combined emission source(s) in  Btu/hr.

History Note:	Filed as a Temporary Amendment Eff. March 8, 1994 for a
period of 180 days or until the

permanent rule is effective, whichever is sooner;

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

Eff. February 1, 1976;

Amended Eff. April 1, 1999; July 1, 1994; August 1, 1991; June 1, 1985;
February 1, 1983.

15A NCAC 02D .0504	PARTICULATES FROM WOOD BURNING INDIRECT HEAT
EXCHANGERS

(a)  For the purpose of this Rule the following definitions shall apply:

(1)	"Functionally dependent" means that structures, buildings or
equipment are interconnected through common process streams, supply
lines, flues, or stacks.

(2)	"Indirect heat exchanger" means any equipment used for the
alteration of the temperature of one fluid by the use of another fluid
in which the two fluids are separated by an impervious surface such that
there is no mixing of the two fluids.

(3)	"Plant site" means any single or collection of structures,
buildings, facilities, equipment, installations, or operations which:

(A)	are located on one or more adjacent properties;

(B)	are under common legal control; and

(C)	are functionally dependent in their operations.

(b)  The definition contained in Subparagraph (a)(3) of this Rule does
not affect the calculation of the allowable emission rate of any
indirect heat exchanger permitted prior to April 1, 1999.

(c)  Emissions of particulate matter from the combustion of wood shall
not exceed:

Allowable Emission Limit

Maximum Heat Input In					For Particulate Matter

Million Btu/Hour						In Lb/Million Btu

Up to and Including 10						0.70

100								0.41

1,000								0.25

10,000 and Greater						0.15

For a heat input between any two consecutive heat inputs stated in the
preceding table, the allowable emissions of particulate matter shall be
calculated by the equation E = 1.1698 (Q to the -0.2230 power.)  E =
allowable emission limit for particulate matter in lb/million Btu. Q =
Maximum heat input in million Btu/hour.

(d)  This Rule applies to installations in which wood is burned for the
primary purpose of producing heat or power by indirect heat transfer.

(e)  For the purpose of this Rule, the heat content of wood shall be
8,000 Btu per pound (dry-weight basis). The total of maximum heat inputs
of all wood burning indirect heat exchangers at a plant site in
operation, under construction, or with a permit shall be used to
determine the allowable emission limit of a wood burning indirect heat
exchanger. Wood burning indirect heat exchangers constructed or
permitted after February 1, 1983, shall not change the allowable
emission limit of any wood burning indirect heat exchanger whose
allowable emission limit has previously been set.

(f)  The emission limit for fuel burning equipment that burns both wood
and other fuels in combination or for wood and other fuel burning
equipment that is operated such that emissions are measured on a
combination basis shall be calculated by the procedure described in
Paragraph (f) of Rule .0503 of this Section.

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

Eff. February 1, 1976;

Amended Eff. August 1, 2002; April 1, 1999; June 1, 1985; February 1,
1983.

15A NCAC 02D .0506	PARTICULATES FROM HOT MIX ASPHALT PLANTS

 (a)  The allowable emission rate for particulate matter resulting from
the operation of a hot mix asphalt plant that are discharged from any
stack or chimney into the atmosphere shall not exceed the level
calculated with the equation E = 4.9445(P)0.4376 calculated to three
significant figures, for process rates less than 300 tons per hour,
where "E" equals the maximum allowable emission rate for particulate
matter in pounds per hour and "P" equals the process rate in tons per
hour.  The allowable emission rate shall be 60.0 pounds per hour for
process rates equal to or greater than 300 tons per hour.

(b)  Visible emissions from stacks or vents at a hot mix asphalt plant
shall be less than 20 percent opacity when averaged over a six-minute
period.

(c)  All hot mix asphalt batch plants shall be equipped with a scavenger
process dust control system for the drying, conveying, classifying, and
mixing equipment.  The scavenger process dust control system shall
exhaust through a stack or vent and shall be operated and maintained in
such a manner as to comply with Paragraphs (a) and (b) of this Rule. 

(d)  Fugitive non-process dust emissions shall be controlled by Rule
.0540 of this Section.

(e)  Fugitive emissions for sources at a hot mix asphalt plant not
covered elsewhere under this Rule shall not exceed 20 percent opacity
averaged over six minutes.

(f)  Any asphalt batch plant that was subject to the 40-percent opacity
standard before August 1, 2004 shall be in compliance with the
20-percent opacity standard by January 1, 2005.

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

Eff. February 1, 1976;

Amended Eff. August 1, 2004; July 1, 1998; January 1, 1985.

15A NCAC 02D .0507	PARTICULATES FROM CHEMICAL FERTILIZER MANUFACTURING
PLANTS

The allowable emissions rate for particulate matter resulting from the
manufacture, mixing, handling, or other operations in the production of
chemical fertilizer materials that are discharged from any stack or
chimney into the atmosphere shall not exceed the level calculated with
the equation E = 9.377(P)0.3067 calculated to three significant figures,
where "E" equals the maximum allowable emission rate for particulate
matter in pounds per hour and "P" equals the process rate (the sum of
the production rate and the recycle rate) in tons per hour.

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

Eff. February 1, 1976;

Amended Eff. April 1, 2003; July 1, 1998; January 1, 1985.

15A NCAC 02D .0508	PARTICULATES FROM PULP AND PAPER MILLS

(a)  Emissions of particulate matter from the production of pulp and
paper that are discharged from any stack or chimney into the atmosphere
shall not exceed:

(1)	3.0  pounds per equivalent ton of air dried pulp from a recovery
furnace stack;

(2)	0.6  pounds per equivalent ton of air dried pulp from a dissolving
tank vent; and

(3)	0.5  pounds per equivalent ton of air dried pulp from a lime kiln
stack.

(b)  Emissions from any kraft pulp recovery boiler established after
July 1, 1971, shall not exceed an opacity of 35 percent when averaged
over a six-minute period.  However, six-minute averaging periods may
exceed 35 percent opacity if:

(1)	no six-minute period exceeds 89 percent opacity;

(2)	no more than one six-minute period exceeds 35 percent opacity in any
one hour; and

(3)	no more than four six-minute periods exceed 35 percent opacity in
any 24-hour period.

Where the presence of uncombined water vapor is the only reason for
failure to meet this opacity limitation, this opacity limitation shall
not apply.

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

Eff. February 1, 1976;

Amended Eff. July 1, 1998; August 1, 1987; April 1, 1986; January 1,
1985; May 30, 1978.

15A NCAC 02D .0509	PARTICULATES FROM MICA OR FELDSPAR PROCESSING PLANTS

(a)  The allowable emission rate for particulate matter resulting from
the processing of mica or feldspar that are discharged from any chimney,
stack, vent, or outlet into the atmosphere shall not exceed the level
calculated with the equation E = 4(P)0.677 calculated to three
significant figures for process rates less than or equal to 30 tons per
hour.  For process rates greater than 30 tons per hour but less than
1,000 tons per hour, the allowable emission rate for particulate matter
shall not exceed the level calculated with the equation E =
20.421(P)0.1977 calculated to three significant figures.  For process
rates greater than or equal to 1,000 tons per hour but less than 3,000
tons per hour, the allowable emission rate for particulate matter shall
not exceed the level calculated with the equation E = 38.147(P)0.1072
calculated to three significant figures.  The allowable emission rate
shall be 90.0 pounds per hour for process weight rates equal to or
greater than 3,000 tons per hour.  For the purpose of these equations,
"E" equals the maximum allowable emission rate for particulate matter in
pounds per hour and "P" equals the process weight rate in tons per hour.

(b)  Fugitive non-process dust emissions shall be controlled by Rule
.0540 of this Section.

(c)  The owner or operator of any mica or feldspar plant shall control
process-generated emissions:

(1)	from crushers with wet suppression, and

(2)	from conveyors, screens, and transfer points,

such that the applicable opacity standards in Rule .0521 or .0524, of
this Section are not exceeded.

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

Eff. February 1, 1976;

Amended Eff. April 1, 2003; July 1, 1998; April 1, 1986; January 1,
1985.

15A NCAC 02D .0510	PARTICULATES FROM SAND, GRAVEL, OR CRUSHED STONE
OPERATIONS

(a)  The owner or operator of a sand, gravel, or crushed stone operation
shall not cause, allow, or permit any material to be produced, handled,
transported or stockpiled without taking measures to reduce to a minimum
any particulate matter from becoming airborne to prevent exceeding the
ambient air quality standards beyond the property line for particulate
matter, both PM10 and total suspended particulates.

(b)  Fugitive non-process dust emissions from sand, gravel, or crushed
stone operations shall be controlled by Rule .0540 of this Section.

(c)  The owner or operator of any sand, gravel, or crushed stone
operation shall control process-generated emissions:

(1)	from crushers with wet suppression, and

(2)	from conveyors, screens, and transfer points,

such that the applicable opacity standards in Rule .0521 or .0524, of
this Section are not exceeded.

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

Eff. February 1, 1976;

Amended Eff. July 1, 1998; January 1, 1985.

15A NCAC 02D .0511	PARTICULATES FROM LIGHTWEIGHT AGGREGATE PROCESSES

(a)  The owner or operator of a lightweight aggregate process shall not
cause, allow, or permit any material to be produced, handled,
transported or stockpiled without taking measures to reduce to a minimum
any particulate matter from becoming airborne to prevent the ambient air
quality standards for particulate matter, both PM10 and total suspended
particulates, from being exceeded beyond the property line.

(b)  Fugitive non-process dust emissions from lightweight aggregate
processes subject to this Rule shall be controlled by Rule .0540 of this
Section.

(c)  The owner or operator of any lightweight aggregate process shall
control process-generated emissions:

(1)	from crushers with wet suppression, and

(2)	from conveyors, screens, and transfer points,

such that the applicable opacity standards in Rule .0521 or .0524, of
this Section are not exceeded.

(d)  Particulate matter from any stack serving any lightweight aggregate
kiln or lightweight aggregate dryer shall be reduced by at least 95
percent by weight before being discharged to the atmosphere.  The
95-percent reduction shall be by air pollution control devices.

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

Eff. February 1, 1976;

Amended Eff. July 1, 1998; October 1, 1989; January 1, 1985; April 1,
1977.

15A NCAC 02D .0512	PARTICULATES FROM WOOD PRODUCTS FINISHING PLANTS

A person shall not cause, allow, or permit particulate matter caused by
the working, sanding, or finishing of wood to be discharged from any
stack, vent, or building into the atmosphere without providing, as a
minimum for its collection, adequate duct work and properly designed
collectors, or such other devices as approved by the Commission, and in
no case shall the ambient air quality standards be exceeded beyond the
property line.  Collection efficiency shall be determined on the basis
of weight.

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

Eff. February 1, 1976;

Amended Eff. January 1, 1985.

15A NCAC 02D .0513	PARTICULATES FROM PORTLAND CEMENT PLANTS

(a)  Particulate matter from any Portland cement kiln shall:

(1)	be reduced by at least 99.7 percent by weight before being
discharged to the atmosphere; the 99.7-percent reduction shall be by air
pollution control devices; and

(2)	not exceed 0.327 pounds per barrel.

(b)  The emissions of particulate matter from any stacks, vent or
outlets from all processes except Portland cement kilns shall be
controlled by Rule .0515 of this Section.

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

Eff. February 1, 1976;

Amended Eff. July 1, 1998; January 1, 1985.

15A NCAC 02D .0514	PARTICULATES FROM FERROUS JOBBING FOUNDRIES

Particulate emissions from any ferrous jobbing foundry cupola existing
before January 2, 1972 shall not exceed:

Maximum Allowable

Process Weight			       Emission

In Lb/Hour			Rate For Particulate In Lb/Hr

1,000					3.05

2,000					4.70

3,000					6.35

4,000					8.00

5,000					9.65

6,000					11.30

7,000					12.90

8,000					14.30

9,000					15.50

10,000					16.65

12,000					18.70

16,000					21.60

18,000					23.40

20,000					25.10

Any foundry existing before January 2, 1972, having a capacity greater
than shown in the table and any new foundry, regardless of size, shall
comply with the particulate emission limits specified in Paragraph (a)
of Rule .0515 of this Section.

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

Eff. February 1, 1976;

Amended Eff. July 1, 1998; April 1, 1986; January 1, 1985.

15A NCAC 02D.0515	PARTICULATES FROM MISCELLANEOUS INDUSTRIAL PROCESSES

(a)  The allowable emission rates for particulate matter from any stack,
vent, or outlet, resulting from any industrial process for which no
other emission control standards are applicable, shall not exceed the
level calculated with the equation E = 4.10(P)0.67 calculated to three
significant figures for process rates less than or equal to 30 tons per
hour.  For process rates greater than 30 tons per hour, the allowable
emission rates for particulate matter shall not exceed the level
calculated with the equation E = 55.0(P)0.11- 40 calculated to three
significant figures.  For the purpose of these equations "E" equals the
maximum allowable emission rate for particulate matter in pounds per
hour and "P" equals the process rate in tons per hour.

(b)  Process rate means the total weight of all materials introduced
into any specific process that may cause any emission of particulate
matter.  Solid fuels charged are considered as part of the process
weight, but liquid and gaseous fuels and combustion air are not.  For a
cyclical or batch operation, the process rate is derived by dividing the
total process weight by the number of hours in one complete operation
from the beginning of any given process to the completion thereof,
excluding any time during which the equipment is idle.  For a continuous
operation, the process rate is derived by dividing the process weight
for a typical period of time by the number of hours in that typical
period of time.

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

Eff. February 1, 1976;

Amended Eff. April 1, 2003; July 1, 1998; January 1, 1985; December 1,
1976.

15A NCAC 02D .0516	SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES

(a)  Emission of sulfur dioxide from any source of combustion that is
discharged from any vent, stack, or chimney shall not exceed 2.3 pounds
of sulfur dioxide per million BTU input. Sulfur dioxide formed by the
combustion of sulfur in fuels, wastes, ores, and other substances shall
be included when determining compliance with this standard. Sulfur
dioxide formed or reduced as a result of treating flue gases with sulfur
trioxide or other materials shall also be accounted for when determining
compliance with this standard.

(b)  A source subject to an emission standard for sulfur dioxide in
Rules .0524, .0527, .1110, .1111, .1205, .1206, .1210, or .1211 of this
Subchapter shall meet the standard in that particular rule instead of
the standard in Paragraph (a) of this Rule. 

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

Eff. February 1, 1976;

Amended Eff. July 1, 2007; April 1, 2003; July 1, 1996; February 1,
1995; October 1, 1989; January 1, 1985; April 1, 1977.

15A NCAC 02D .0517	EMISSIONS FROM PLANTS PRODUCING SULFURIC ACID

Emissions of sulfur dioxide or sulfuric acid mist from the manufacture
of sulfuric acid shall not exceed:

(1)	27 pounds of sulfur dioxide per ton of sulfuric acid produced;

(2)	0.5 pounds of acid mist (expressed as sulfuric acid) per ton of
sulfuric acid produced.

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

Eff. February 1, 1976;

Amended Eff. January 1, 1985.

15A NCAC 02D .0519	CONTROL OF NITROGEN DIOXIDE AND NITROGEN OXIDES
EMISSIONS

(a)  The emissions of nitrogen dioxide shall not exceed 5.8 pounds per
ton of acid produced from any sulfuric acid manufacturing plant.

(b)  The emissions of nitrogen oxides shall not exceed:

(1)	0.8 pounds per million BTU of heat input from any oil or gas-fired
boiler with a capacity of 250 million BTU per hour or more;

(2)	1.8 pounds per million BTU of heat input from any coal-fired boiler
with a capacity of 250 million BTU per hour or more.

(c)  The emission limit for a boiler that burns both coal and oil or gas
in combination shall be calculated by the equation E = [(Ec) (Qc) + (Eo)
(Qo)] / Qt.

(1)	E = the emission limit for combination in pounds per million BTU.

(2)	Ec = emission limit for coal only as determined by Paragraph (b) of
this Rule in pounds per million BTU.

(3)	Eo = emission limit for oil or gas as determined by Paragraph (b) of
this Rule in pounds per million BTU.

(4)	Qc = the actual coal heat input to the combination in BTU per hour.

(5)	Qo = the actual oil and gas heat input to the combination in BTU per
hour.

(6)	Qt = Qc + Qo and is the actual total heat input to the combination
in BTU per hour.

(d)  A boiler subject to an emission standard for nitrogen oxides under
Rule .0524 (New Source Performance Standards) or .1418 (New Generating
Units, Large Boilers, and Large I/C Engines) of this Subchapter shall
meet the standard in that particular rule instead of the standard in
Paragraph (a) of this Rule.

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

Eff. February 1, 1976;

Amended Eff. July 1, 2007; January 1, 2005; July 1, 1996; October 1,
1989; January 1, 1985.

15A NCAC 02D .0521	CONTROL OF VISIBLE EMISSIONS

(a)  Purpose. The intent of this Rule is to prevent, abate and control
emissions generated from fuel burning operations and industrial
processes where an emission can reasonably be expected to occur, except
during startup, shutdowns, and malfunctions approved according to
procedures set out in Rule .0535 of this Section.

(b)  Scope. This Rule shall apply to all fuel burning sources and to
other processes that may have a visible emission.  However, sources
subject to a visible emission standard in Rules .0506, .0508, .0524,
.0543, .0544, .1110, .1111, .1205, .1206, .1210, or .1211 of this
Subchapter shall meet that standard instead of the standard contained in
this Rule.  This Rule does not apply to engine maintenance, rebuild, and
testing activities where controls are infeasible, except it does apply
to the testing of peak shaving and emergency generators.  (In deciding
if controls are infeasible, the Director shall consider emissions,
capital cost of compliance, annual incremental compliance cost, and
environmental and health impacts.) 

(c)  For sources manufactured as of July 1, 1971, visible emissions
shall not be more than 40 percent opacity when averaged over a
six-minute period.  However, except for sources required to comply with
Paragraph (g) of this Rule, six-minute averaging periods may exceed 40
percent opacity if:

(1)	No six-minute period exceeds 90 percent opacity; 

(2)	No more than one six-minute period exceeds 40 percent opacity in any
hour; and

(3)	No more than four six-minute periods exceed 40 percent opacity in
any 24-hour period.

(d)  For sources manufactured after July 1, 1971, visible emissions
shall not be more than 20 percent opacity when averaged over a
six-minute period.  However, except for sources required to comply with
Paragraph (g) of this Rule, six-minute averaging periods may exceed 20
percent opacity if:

(1)	No six-minute period exceeds 87 percent opacity; 

(2)	No more than one six-minute period exceeds 20 percent opacity in any
hour; and

(3)	No more than four six-minute periods exceed 20 percent opacity in
any 24-hour period.

(e)  Where the presence of uncombined water is the only reason for
failure of an emission to meet the limitations of Paragraph (c) or (d)
of this Rule, those requirements shall not apply.

(f)  Exception from Opacity Standard in Paragraph (d) of this Rule.
Sources subject to Paragraph (d) of this Rule shall be allowed to comply
with Paragraph (c) of this Rule if:

(1)	The owner or operator of the source demonstrates compliance with
applicable particulate mass emissions standards; and

(2)	The owner or operator of the source submits data necessary to show
that emissions up to those allowed by Paragraph (c) of this Rule will
not violate any national ambient air quality standard.

The burden of proving these conditions shall be on the owner or operator
of the source and shall be approached in the following manner.  The
owner or operator of a source seeking an exception shall apply to the
Director requesting this modification in its permit.  The applicant
shall submit the results of a source test within 90 days of application.
 Source testing shall be by the appropriate procedure as designated by
rules in this Subchapter.  During this 90-day period the applicant shall
submit data necessary to show that emissions up to those allowed by
Paragraph (c) of this Rule will not contravene ambient air quality
standards.  This evidence shall include an inventory of past and
projected emissions from the facility.  In its review of ambient air
quality, the Division may require additional information that it
considers necessary to assess the resulting ambient air quality.  If the
applicant can thus show that it will be in compliance both with
particulate mass emissions standards and ambient air quality standards,
the Director shall modify the permit to allow emissions up to those
allowed by Paragraph (c) of this Rule.

(g)  For sources required to install, operate, and maintain continuous
opacity monitoring systems (COMS), compliance with the numerical opacity
limits in this Rule shall be determined as follows excluding startups,
shutdowns, maintenance periods when fuel is not being combusted, and
malfunctions approved as such according to procedures approved under
Rule .0535 of this Section:

(1)	No more than four six-minute periods shall exceed the opacity
standard in any one day; and

(2)	The percent of excess emissions (defined as the percentage of
monitored operating time in a calendar quarter above the opacity limit)
shall not exceed 0.8 percent of the total operating hours.  If a source
operates less than 500 hours during a calendar quarter, the percent of
excess emissions shall be calculated by including hours operated
immediately previous to this quarter until 500 operational hours are
obtained.

In no instance shall excess emissions exempted under this Paragraph
cause or contribute to a violation of any emission standard in this
Subchapter or 40 CFR Part 60, 61, or 63 or any ambient air quality
standard in Section 15A NCAC 02D .0400 or 40 CFR Part 50.

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

Eff. February 1, 1976;

Amended Eff. July 1, 2007; January 1, 2005; June 1, 2004; April 1, 2003;
April 1, 2001; July 1, 1998; July 1, 1996; December 1, 1992; August 1,
1987; January 1, 1985; May 30, 1978.

15A NCAC 02D .0524	NEW SOURCE PERFORMANCE STANDARDS

(a)  With the exception of Paragraph (b) and (c) of this Rule, sources
subject to new source performance standards promulgated in 40 CFR Part
60 shall comply with emission standards, monitoring and reporting
requirements, maintenance requirements, notification and record keeping
requirements, performance test requirements, test method and procedural
provisions, and any other provisions, as required therein, rather than
with any otherwise-applicable rule in this Section which would be in
conflict therewith.

(b)  The following is not included under this Rule:

(1)	40 CFR Part 60, Subpart AAA (new residential wood heaters);

(2)	40 CFR Part 60, Subpart B (adoption and submittal of state plans for
designated facilities);

(3)	40 CFR Part 60, Subpart C (emission guidelines and compliance
times);

(4)	40 CFR Part 60, Subpart Cb (guidelines for municipal waste
combustors constructed on or before September 20, 1994);

(5)	40 CFR Part 60, Subpart Cc (guidelines for municipal solid waste
landfills); 

(6)	40 CFR Part 60, Subpart Cd (guidelines for sulfuric acid production
units);

(7)	40 CFR Part 60, Subpart Ce (guidelines for hospital, medical,
infectious waste incinerators);

(8)	40 CFR Part 60, Subpart BBBB (guidelines for small municipal waste
combustion units constructed on or before August 30, 1999);

(9)	40 CFR Part 60, Subpart DDDD (guidelines for commercial and
industrial solid waste incinerators constructed on or before November
30, 1999);

(10)	40 CFR Part 60, Subpart FFFF (guidelines for other solid waste
incinerators constructed on or before December 9, 2004); or

(11)	40 CFR Part 60, Subpart HHHH (guidelines for coal-fired electric
steam generating units.

(c)  Along with the notice appearing in the North Carolina Register for
a public hearing to amend this Rule to exclude a standard from this
Rule, the Director shall state whether or not the new source performance
standards promulgated under 40 CFR Part 60, or part thereof, shall be
enforced. If the Commission does not adopt the amendment to this Rule to
exclude or amend the standard within 12 months after the close of the
comment period on the proposed amendment, the Director shall begin
enforcing that standard when 12 months has elapsed after the end of the
comment period on the proposed amendment.

(d)  New sources of volatile organic compounds that are located in an
area designated in 40 CFR 81.334 as nonattainment for ozone or an area
identified in accordance with 15A NCAC 02D .0902 as being in violation
of the ambient air quality standard for ozone shall comply with the
requirements of 40 CFR Part 60 that are not excluded by this Rule, as
well as with any applicable requirements in Section .0900 of this
Subchapter.

(e)  All requests, reports, applications, submittals, and other
communications to the administrator required under Paragraph (a) of this
Rule shall be submitted to the Director of the Division of Air Quality
rather than to the Environmental Protection Agency.

(f)  In the application of this Rule, definitions contained in 40 CFR
Part 60 shall apply rather than those of Section .0100 of this
Subchapter.

(g)  With the exceptions allowed under 15A NCAC 02Q .0102, Activities
Exempted from Permit Requirements, the owner or operator of the source
shall apply for and receive a permit as required in 15A NCAC 02Q .0300
or .0500.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
150B-21.6;

Eff. June 18, 1976;

Temporary Amendment Eff. January 3, 1988, for a period of 180 days to
expire on June 30, 1988;

Amended Eff. December 1, 1992; July 1, 1992;

Temporary Amendment Eff. March 8, 1994, for a period of 180 days or
until the permanent rule is effective, whichever is sooner;

Amended Eff. July 1, 2007; January 1, 2007; July 1, 2000; April 1, 1997;
July 1, 1996; July 1, 1994.

15A NCAC 02D .0527	EMISSIONS FROM SPODUMENE ORE ROASTING

Emission of sulfur dioxide and sulfuric acid mist from any one kiln used
for the roasting of spodumene ore shall not exceed:

(1)	9.7 pounds of sulfur dioxide per ton of ore roasted.

(2)	1.0 pound of sulfuric acid mist, expressed as H(2) SO(4), per ton or
ore roasted.

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

Eff. March 15, 1978;

Amended Eff. January 1, 1985.

15A NCAC 02D .0528	TOTAL REDUCED SULFUR FROM KRAFT PULP MILLS

(a)  For the purpose of this Regulation, the following definitions
apply:

(1)	"Total reduced sulfur (TRS)" means the sum of the sulfur compounds
hydrogen sulfide, methyl mercaptain, dimethyl sulfide, and dimethyl
disulfide, that are released during the kraft pulping operation.

(2)	"Kraft pulp mill" means any facility that produces pulp from wood by
cooking (digesting) wood chips in a water solution of sodium hydroxide
and sodium sulfide (white liquor) at high temperature and pressure. 
Regeneration of cooking chemicals through a recovery process is also
considered part of the kraft pulp mill.

(3)	"Recovery furnace" means either a straight kraft recovery furnace or
a cross recovery furnace and includes the direct-contact evaporator for
a direct-contact furnace.

(4)	"Cross recovery furnace" means a furnace used to recover chemicals
consisting primarily of sodium and sulfur compounds by burning black
liquor which on a quarterly basis contains more than seven percent by
weight of the total pulp solids from the neutral sulfite semichemical
process and has a green liquor sulfidity of more than 28 percent.

(5)	"Straight kraft recovery furnace" means a furnace used to recover
chemicals consisting primarily of sodium and sulfur compounds by burning
black liquor which on a quarterly basis contains seven percent by weight
or less of the total pulp solids from the neutral sulfite semichemical
process or has green liquor sulfidity of 28 percent or less.

(6)	"Old design recovery furnace" means a straight kraft recovery
furnace that does not have membrane wall or welded wall construction or
emission control designed air systems.

(7)	"New design recovery furnace" means a straight kraft recovery
furnace that has both membrane wall or welded wall construction and
emission control designed air systems.

(8)	"Neutral sulfite semichemical pulping operation" means any operation
in which pulp is produced from wood by cooking (digesting) wood chips in
a solution of sodium sulfite and sodium bicarbonate, followed by
mechanical defibrating (grinding).

(9)	"Digester system" means each continuous digester or each batch
digester used for the cooking of wood in white liquor, and associated
flash tanks, blow tanks, chip steamers and condensers.

(10)	"Multiple-effect evaporator system" means the multiple-effect
evaporators and associated condensers and hot wells used to concentrate
the spent cooking liquid that is separated from the pulp (black liquor).

(11)	"Lime kiln" means a unit used to calcine lime mud, which consists
primarily of calcium carbonate, into quicklime, which is calcium oxide.

(12)	"Condensate stripper system" means a column, and associated
condensers, used to strip, with air or steam, total reduced sulfur
compounds from condensate streams from various processes within a kraft
pulp mill.

(13)	"Smelt dissolving tank" means a vessel used for dissolving the
smelt collected from the recovery furnace.

(14)	"Black liquor solids" means the dry weight of the solids which
enter the recovery furnace in the black liquor.

(15)	"Green liquor sulfidity" means the sulfidity of the liquor which
leaves the smelt dissolving tank.

(b)  This Regulation shall apply to recovery furnaces, digester systems,
multiple-effect evaporator systems, lime kilns, smelt dissolving tanks,
and condensate stripping systems of kraft pulp mills not subject to
Regulation .0524 of this Section.

(c)  Emissions of total reduced sulfur from any kraft pulp mill subject
to this Regulation shall not exceed:

(1)	20 parts per million from any old design recovery furnace;

(2)	five parts per million from any new design recovery furnace;

(3)	25 parts per million from any cross recovery furnace;

(4)	five parts per million from any digester system;

(5)	five parts per million from any multiple-effect evaporator system;

(6)	20 parts per million from any lime kiln;

(7)	five parts per million from any condensate stripping system; and

(8)	0.032 pounds per ton of black liquor solids (dry weight) from any
smelt dissolving tank.

(d)  The emission limitations given in Subparagraphs (c)(1) through
(c)(7) of this Rule are measured as hydrogen sulfide on a dry gas basis
and are averages of discrete contiguous 12-hour time periods.  The
emission limitations given in Subparagraphs (c)(1) through (c)(3) of
this Rule are corrected to eight percent oxygen by volume.  The emission
limitations given in Subparagraph (c)(6) of this Rule is corrected to 10
percent oxygen by volume.

(e)  One percent of all 12-hour total reduced sulfur averages per
quarter year in excess of the limitations given in Subparagraphs (c)(1)
through (c)(3) of this Rule, in the absence of start-ups, shut-downs and
malfunctions, shall not be considered in violation.  Two percent of all
12-hour total reduced sulfur averages per quarter year in excess of the
limitation given in Subparagraph (c)(6) of this Rule, in the absence of
start-ups, shut-downs, and malfunctions, shall not be considered in
violation.

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

Eff. June 1, 1980;

Amended Eff. July 1, 1988; July 1, 1987; January 1, 1985; November 1,
1982.

15A NCAC 02D .0529	FLUORIDE EMISSIONS FROM PRIMARY ALUMINUM REDUCTION
PLANTS

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Fluoride" means elemental fluorine and all fluoride compounds as
measured by the methods specified in 15A NCAC 02D .2616 or by equivalent
or alternative methods approved by the Director or his delegate. The
Director may approve equivalent or alternative methods on an individual
basis for sources or pollutants if equivalent or alternative methods can
be demonstrated to determine compliance of permitted emission sources or
pollutants.

(2)	"Prebake cell" is an aluminum reduction pot which uses carbon anodes
that are formed, pressed, and baked prior to their placement in the pot.

(3)	"Primary aluminum reduction plant" means any facility manufacturing
aluminum by electrolytic reduction.

(b)  This Rule shall apply to prebake cells at all primary aluminum
reduction plants not subject to Rule .0524 of this Section.

(c)  An owner or operator of a primary aluminum reduction plant subject
to this Rule shall not cause, allow, or permit the use of the rebake
cells unless:

(1)	95 percent of the fluoride emissions are captured; and

(2)	98.5 percent of the captured fluoride emissions are removed before
the exhaust gas is discharged into the atmosphere.

(d)  The owner or operator of a primary aluminum reduction plant subject
to this Rule shall:

(1)	ensure that hood covers are in good repair and positioned over the
prebake cells;

(2)	minimize the amount of time that hood covers are removed during pot
working operations;

(3)	if the hooding system is equipped with a dual low and high hood
exhaust rate, use the high rate whenever hood covers are removed and
return to the normal exhaust rate when the hood covers are replaced;

(4)	minimize the occurrence of fuming pots and correct the cause of a
fuming pot as soon as practical; and

(5)	if the tapping crucibles are equipped with hoses which return
aspirator air under the hood, ensure that the hoses are in good repair
and that the air return system is functioning properly.

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

Eff. June 1, 1981;

Amended Eff. June 1, 2008; July 1, 1988; January 1, 1985.

15A NCAC 02D .0530	PREVENTION OF SIGNIFICANT DETERIORATION

(a)  The purpose of the Rule is to implement a program for the
prevention of significant deterioration of air quality as required by 40
CFR 51.166. 

(b)  For the purposes of this Rule the definitions contained in 40 CFR
51.166(b) and 40 CFR 51.301 shall apply except the definition of
"baseline actual emissions." 

(1)	"Baseline actual emissions" means the rate of emissions, in tons per
year, of a regulated new source review (NSR) pollutant, as determined in
accordance with Parts (A) through (C) of this Subparagraph:

(A)	For an existing emissions unit, baseline actual emissions means the
average rate, in tons per year, at which the emissions unit actually
emitted the pollutant during any consecutive 24-month period selected by
the owner or operator within the 5-year period immediately preceding the
date that a complete permit application is received by the Division for
a permit required under this Rule. The Director shall allow a different
time period, not to exceed 10 years immediately preceding the date that
a complete permit application is received by the Division, if the owner
or operator demonstrates that it is more representative of normal source
operation. For the purpose of determining baseline actual emissions, the
following shall apply:

(i)	The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.

(ii)	The average rate shall be adjusted downward to exclude any
non-compliant emissions that occurred while the source was operating
above any emission limitation that was legally enforceable during the
consecutive 24-month period. 

(iii)	For an existing emission unit (other than an electric utility
steam generating unit), the average rate shall be adjusted downward to
exclude any emissions that would have exceeded an emission limitation
with which the major stationary source must currently comply. However,
if the State has taken credit in an attainment demonstration or
maintenance plan consistent with the requirements of 40 CFR
51.165(a)(3)(ii)(G) for an emission limitation that is part of a maximum
achievable control technology standard that the Administrator proposed
or promulgated under part 63 of the Code of Federal Regulations, the
baseline actual emissions shall be adjusted to account for such emission
reductions. 

(iv)	For an electric utility steam generating unit, the average rate
shall be adjusted downward to reflect any emissions reductions under G.
S. 143-215.107D and for which cost recovery is sought pursuant to G. S.
62-133.6.

(v)	For a regulated NSR pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period shall be used to
determine the baseline actual emissions for all the emissions units
being changed. A different consecutive 24-month period for each
regulated NSR pollutant can be used for each regulated NSR pollutant.

(vi)	The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions, in tons per year, and for adjusting this amount if required
by Subparts (ii) and (iii) of this Part.

(B)	For a new emissions unit, the baseline actual emissions for purposes
of determining the emissions increase that will result from the initial
construction and operation of such unit shall equal zero; and
thereafter, for all other purposes, shall equal the unit's potential to
emit.

(C)	For a plantwide applicability limit (PAL) for a stationary source,
the baseline actual emissions shall be calculated for existing emissions
units in accordance with the procedures contained in Part (A) of this
Subparagraph, and for a new emissions unit in accordance with the
procedures contained in Part (B) of this Subparagraph.

(2)	In the definition of "net emissions increase," the reasonable period
specified in 40 CFR 51.166(b)(3)(ii) shall be seven years. 

(3)	The limitation specified in 40 CFR 51.166(b)(15)(ii) shall not
apply.

(c)  All areas of the State shall be classified as Class II except that
the following areas are Class I:

(1)	Great Smoky Mountains National Park;

(2)	Joyce Kilmer Slickrock National Wilderness Area;

(3)	Linville Gorge National Wilderness Area;

(4)	Shining Rock National Wilderness Area;

(5)	Swanquarter National Wilderness Area.

(d)  Redesignations of areas to Class I or II may be submitted as state
proposals to the Administrator of the Environmental Protection Agency
(EPA), if the requirements of 40 CFR 51.166(g)(2) are met. Areas may be
proposed to be redesignated as Class III, if the requirements of 40 CFR
51.166(g)(3) are met. Redesignations may not, however, be proposed which
would violate the restrictions of 40 CFR 51.166(e). Lands within the
boundaries of Indian Reservations may be redesignated only by the
appropriate Indian Governing Body.

(e)  In areas designated as Class I, II, or III, increases in pollutant
concentration over the baseline concentration shall be limited to the
values set forth in 40 CFR 51.166(c). However, concentration of the
pollutant shall not exceed standards set forth in 40 CFR 51.166(d).

(f)  Concentrations attributable to the conditions described in 40 CFR
51.166(f)(1) shall be excluded in determining compliance with a maximum
allowable increase. However, the exclusions referred to in 40 CFR
51.166(f)(1)(i) or (ii) shall be limited to five years as described in
40 CFR 51.166(f)(2).

(g)  Major stationary sources and major modifications shall comply with
the requirements contained in 40 CFR 51.166(i) and (a)(7) and by
extension in 40 CFR 51.166(j) through (o) and (w). The transition
provisions allowed by 40 CFR 52.21 (i)(11)(i) and (ii) and (m)(1)(vii)
and (viii) are hereby adopted under this Rule. The minimum requirements
described in the portions of 40 CFR 51.166 referenced in this Paragraph
are hereby adopted as the requirements to be used under this Rule,
except as otherwise provided in this Rule. Wherever the language of the
portions of 40 CFR 51.166 referenced in this Paragraph speaks of the
"plan," the requirements described therein shall apply to the source to
which they pertain, except as otherwise provided in this Rule. Whenever
the portions of 40 CFR 51.166 referenced in this Paragraph provide that
the State plan may exempt or not apply certain requirements in certain
circumstances, those exemptions and provisions of nonapplicability are
also hereby adopted under this Rule. However, this provision shall not
be interpreted so as to limit information that may be requested from the
owner or operator by the Director as specified in 40 CFR 51.166(n)(2).

(h)  New natural gas-fired electrical utility generating units shall
install best available control technology for NOX and SO2.

(i)  40 CFR 51.166(w)(10)(iv)(a) is changed to read: "If the emissions
level calculated in accordance with Paragraph (w)(6) of this Section is
equal to or greater than 80 percent of the PAL [plant wide applicability
limit] level, the Director shall renew the PAL at the same level." 40
CFR 51.166(w)(10)(iv)(b) is not incorporated by reference.

(j)  15A NCAC 02Q .0102 and .0302 are not applicable to any source to
which this Rule applies. The owner or operator of the sources to which
this Rule applies shall apply for and receive a permit as required in
15A NCAC 02Q .0300 or .0500.

(k)  When a particular source or modification becomes a major stationary
source or major modification solely by virtue of a relaxation in any
enforceable limitation which was established after August 7, 1980, on
the capacity of the source or modification to emit a pollutant, such as
a restriction on hours of operation, then the provisions of this Rule
shall apply to the source or modification as though construction had not
yet begun on the source or modification.

(l)  The provisions of 40 CFR 52.21(r)(2) regarding the period of
validity of approval to construct are incorporated by reference except
that the term "Administrator" is replaced with "Director".

(m)  Volatile organic compounds exempted from coverage in 40 CFR
51.100(s) shall also be exempted when calculating source applicability
and control requirements under this Rule.

(n)  The degree of emission limitation required for control of any air
pollutant under this Rule shall not be affected in any manner by:

(1)	that amount of a stack height, not in existence before December 31,
1970, that exceeds good engineering practice; or

(2)	any other dispersion technique not implemented before then.

(o)  A substitution or modification of a model as provided for in 40 CFR
51.166(l) shall be subject to public comment procedures in accordance
with the requirements of 40 CFR 51.102.

(p)  Permits may be issued on the basis of innovative control technology
as set forth in 40 CFR 51.166(s)(1) if the requirements of 40 CFR
51.166(s)(2) have been met, subject to the condition of 40 CFR
51.166(s)(3), and with the allowance set forth in 40 CFR 51.166(s)(4).

(q)  If a source to which this Rule applies impacts an area designated
Class I by requirements of 40 CFR 51.166(e), notice to EPA will be
provided as set forth in 40 CFR 51.166(p)(1). If the Federal Land
Manager presents a demonstration described in 40 CFR 51.166(p)(3) during
the public comment period or public hearing to the Director and if the
Director concurs with this demonstration, the permit application shall
be denied. Permits may be issued on the basis that the requirements for
variances as set forth in 40 CFR 51.166(p)(4), (p)(5) and (p)(7), or
(p)(6) and (p)(7) have been satisfied.

(r)  A permit application subject to this Rule shall be processed in
accordance with the procedures and requirements of 40 CFR 51.166(q).
Within 30 days of receipt of the application, applicants shall be
notified if the application is complete as to initial information
submitted. Commencement of construction before full prevention of
significant deterioration approval is obtained constitutes a violation
of this Rule.

(s)  Approval of an application with regard to the requirements of this
Rule shall not relieve the owner or operator of the responsibility to
comply fully with applicable provisions of other rules of this
Subchapter or Subchapter 02Q of this Title and any other requirements
under local, state, or federal law.

(t)  When a source or modification subject to this Rule may affect the
visibility of a Class I area named in Paragraph (c) of this Rule, the
following procedures shall apply:

(1)	The Director shall provide written notification to all affected
Federal Land Managers within 30 days of receiving the permit application
or within 30 days of receiving advance notification of an application.
The notification shall be at least 30 days prior to the publication of
notice for public comment on the application. The notification shall
include a copy of all information relevant to the permit application
including an analysis provided by the source of the potential impact of
the proposed source on visibility.

(2)	The Director shall consider any analysis concerning visibility
impairment performed by the Federal Land Manager if the analysis is
received within 30 days of notification. If the Director finds that the
analysis of the Federal Land Manager fails to demonstrate to his
satisfaction that an adverse impact on visibility will result in the
Class I area, the Director shall provide in the notice of public hearing
on the application, an explanation of his decision or notice as to where
the explanation can be obtained.

(3)	The Director may require monitoring of visibility in or around any
Class I area by the proposed new source or modification when the
visibility impact analysis indicates possible visibility impairment.

(u)  If the owner or operator of a source is using projected actual
emissions to avoid applicability of prevention of significant
deterioration requirements, the owner or operator shall notify the
Director of the modification before beginning actual construction. The
notification shall include:

(1)	a description of the project, 

(2)	identification of sources whose emissions could be affected by the
project, 

(3)	the calculated projected actual emissions and an explanation of how
the projected actual emissions were calculated, including identification
of emissions excluded by 40 CFR 51.166(b)(40)(ii)(c),

(4)	the calculated baseline actual emissions and an explanation of how
the baseline actual emissions were calculated, and

(5)	any netting calculations if applicable.

If upon reviewing the notification, the Director finds that the project
will cause a prevention of significant deterioration evaluation, then
the Director shall notify the owner or operator of his findings. The
owner or operator shall not make the modification until it has received
a permit issued pursuant to this Rule. If a permit revision is not
required pursuant to this rule, the owner or operator shall maintain
records of annual emissions in tons per year, on a calendar year basis
related to the modifications for 10 years following resumption of
regular operations after the change if the project involves increasing
the emissions unit's design capacity or its potential to emit the
regulated NSR pollutant; otherwise these records shall be maintained for
five years following resumption of regular operations after the change.
The owner or operator shall submit a report to the director within 60
days after the end of each year during which these records must be
generated. The report shall contain the items listed in 40 CFR
51.166(r)(6)(v)(a) through (c). The owner or operator shall make the
information documented and maintained under this Paragraph available to
the Director or the general public pursuant to the requirements in 40
CFR 70.4(b)(3)(viii).

(v)  The reference to the Code of Federal Regulations (CFR) in this Rule
are incorporated by reference unless a specific reference states
otherwise. The version of the Code of Federal Regulations incorporated
in this Rule is that as of June 13, 2007 except those provisions noticed
as stayed in 69 FR 40274, and does not include any subsequent amendments
or editions to the referenced material. 

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);
143-215.107(a)(5); 143-215.107(a)(7); 143-215.108(b); 150B-21.6;

Eff. June 1, 1981;

Amended Eff. December 1, 1992; August 1, 1991;

Temporary Amendment Eff. March 8, 1994, for a period of 180 days or
until the permanent rule is effective, whichever is sooner;

Amended Eff. May 1, 2008; July 28, 2006; July 1, 1997; February 1, 1995;
July 1, 1994.

15A NCAC 02D .0531	SOURCES IN NONATTAINMENT AREAS

(a)  For the purpose of this Rule the definitions contained in 40 CFR
51.165(a)(1) and 40 CFR 51.301 shall apply except the definition of
"baseline actual emissions."  

(1)	"Baseline actual emissions" means the rate of emissions, in tons per
year, of a regulated new source review (NSR) pollutant, as determined in
accordance with Parts (A) through (C) of this Subparagraph:

(A)	For an existing emissions unit, baseline actual emissions means the
average rate, in tons per year, at which the emissions unit actually
emitted the pollutant during any consecutive 24-month period selected by
the owner or operator within the 5-year period immediately preceding the
date that a complete permit application is received by the Division for
a permit required under this Rule. The Director shall allow a different
time period, not to exceed 10 years immediately preceding the date that
a complete permit application is received by the Division, if the owner
or operator demonstrates that it is more representative of normal source
operation. For the purpose of determining baseline actual emissions, the
following shall apply:

(i)	The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.

(ii)	The average rate shall be adjusted downward to exclude any
non-compliant emissions that occurred while the source was operating
above any emission limitation that was legally enforceable during the
consecutive 24-month period. 

(iii)	For an existing emission unit (other than an electric utility
steam generating unit), the average rate shall be adjusted downward to
exclude any emissions that would have exceeded an emission limitation
with which the major stationary source must currently comply. However,
if the State has taken credit in an attainment demonstration or
maintenance plan consistent with the requirements of 40 CFR
51.165(a)(3)(ii)(G) for an emission limitation that is part of a maximum
achievable control technology standard that the Administrator proposed
or promulgated under part 63 of the Code of Federal Regulations, the
baseline actual emissions shall be adjusted to account for such emission
reductions. 

(iv)	For an electric utility steam generating unit, the average rate
shall be adjusted downward to reflect any emissions reductions under
G.S. 143-215.107D and for which cost recovery is sought pursuant to G.S.
62-133.6.

(v)	For a regulated NSR pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period shall be used to
determine the baseline actual emissions for all the emissions units
being changed. A different consecutive 24-month period for each
regulated NSR pollutant.

(vi)	The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions, in tons per year, and for adjusting this amount if required
by Subparts (ii) and (iii) of this Part.

(B)	For a new emissions unit, the baseline actual emissions for purposes
of determining the emissions increase that will result from the initial
construction and operation of such unit shall equal zero; and
thereafter, for all other purposes, shall equal the unit's potential to
emit.

(C)	For a plantwide applicability limit (PAL) for a stationary source,
the baseline actual emissions shall be calculated for existing emissions
units in accordance with the procedures contained in Part (A) of this
Subparagraph, and for a new emissions unit in accordance with the
procedures contained in Part (B) of this Subparagraph.

(2)	In the definition of "net emissions increase," the reasonable period
specified in 40 CFR 51.165(a)(1)(vi)(C)(1) shall be seven years.

(b)  Redesignation to Attainment.  If any county or part of a county to
which this Rule applies is later designated in 40 CFR 81.334 as
attainment for ozone or carbon monoxide, all sources in that county
subject to this Rule before the redesignation date shall continue to
comply with this Rule.

(c)  Applicability. 40 CFR 51.165(a)(2) is incorporated by reference. 
This Rule applies to the following areas: 

(1)	Ozone Nonattainment Areas, to major stationary sources and major
modifications of sources of volatile organic compounds or nitrogen
oxides for which construction commences after the area in which the
source is located is designated according to Part (A) or (B) of this
Subparagraph: 

(A)	areas designated in 40 CFR 81.334 as nonattainment for ozone, or

(B)	any of the following areas and in that area only when the Director
notices in the North Carolina Register that the area is in violation of
the ambient air quality standard for ozone:

(i)	Charlotte/Gastonia, consisting of Mecklenburg and Gaston Counties;
with the exception allowed under Paragraph (l) of this Rule;

(ii)	Greensboro/Winston-Salem/High Point, consisting of Davidson,
Forsyth, and Guilford Counties and that part of Davie County bounded by
the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton
Creek and back to Yadkin River; or

(iii)	Raleigh/Durham, consisting of Durham and Wake Counties and
Dutchville Township in Granville County.

Violations of the ambient air quality standard for ozone shall be
determined according to 40 CFR 50.9. 

(2)	Carbon Monoxide Nonattainment Areas.  This Rule applies to major
stationary sources and major modifications of sources of carbon monoxide
located in areas designated in 40 CFR 81.334 as nonattainment for carbon
monoxide and for which construction commences after the area in which
the source is located is listed in 40 CFR 81.334 as nonattainment for
carbon monoxide. 

(d)  This Rule is not applicable to:

(1)	complex sources of air pollution regulated only under Section .0800
of this Subchapter and not under any other rule in this Subchapter;

(2)	emission of pollutants at the new major stationary source or major
modification located in the nonattainment area that are pollutants other
than the pollutant or pollutants for which the area is nonattainment. 
(A major stationary source or major modification that is major for
volatile organic compounds or nitrogen oxides is also major for ozone.);

(3)	emission of pollutants for which the source or modification is not
major;

(4)	a new source or modification that qualifies for exemption under the
provision of 40 CFR 51.165(a)(4); or

(5)	emission of compounds listed under 40 CFR 51.100(s) as having been
determined to have negligible photochemical reactivity except carbon
monoxide. 

(e)  15A NCAC 02Q .0102 and .0302 are not applicable to any source to
which this Rule applies.  The owner or operator of the source shall
apply for and receive a permit as required in 15A NCAC 02Q .0300 or
.0500.

(f)  To issue a permit to a source to which this Rule applies, the
Director shall determine that the source meets the following
requirements:

(1)	The new major stationary source or major modification will emit the
nonattainment pollutant at a rate no more than the lowest achievable
emission rate;

(2)	The owner or operator of the proposed new major stationary source or
major modification has demonstrated that all major stationary sources in
the State that are owned or operated by this person (or any entity
controlling, controlled by, or under common control with this person)
are subject to emission limitations and are in compliance, or on a
schedule for compliance that is federally enforceable or contained in a
court decree, with all applicable emission limitations and standards of
this Subchapter that EPA has authority to approve as elements of the
North Carolina State Implementation Plan for Air Quality;

(3)	The owner or operator of the proposed new major stationary source or
major modification will obtain sufficient emission reductions of the
nonattainment pollutant from other sources in the nonattainment area so
that the emissions from the new major source and associated new minor
sources will be less than the emissions reductions by a ratio of at
least 1.00 to 1.15 for volatile organic compounds and nitrogen oxides
and by a ratio of less than one to one for carbon monoxide.  The
baseline for this emission offset shall be the actual emissions of the
source from which offset credit is obtained.  Emission reductions shall
not include any reductions resulting from compliance (or scheduled
compliance) with applicable rules in effect before the application. The
difference between the emissions from the new major source and
associated new minor sources of carbon monoxide and the emission
reductions shall be sufficient to represent reasonable further progress
toward attaining the Ambient Air Quality Standards.  The emissions
reduction credits shall also conform to the provisions of 40 CFR
51.165(a)(3)(ii)(A) through (G) and (J); and

(4)	The North Carolina State Implementation Plan for Air Quality is
being carried out for the nonattainment area in which the proposed
source is located.

(g)  New natural gas-fired electrical utility generating units shall
install lowest achievable emission rate technology for NOX and SO2.

(h)  40 CFR 51.165(f) is incorporated by reference except that 40 CFR
51.165(f)(10)(iv)(A) is changed to read: "If the emissions level
calculated in accordance with Paragraph (f)(6) of this Section is equal
to or greater than 80 percent of the PAL level, the Director shall renew
the PAL at the same level." 40 CFR 51.165(f)(10)(iv)(B) is not
incorporated by reference.

(i)  When a particular source or modification becomes a major stationary
source or major modification solely by virtue of a relaxation in any
enforceable limitation established after August(7, 1980, on the capacity
of the source or modification to emit a pollutant, such as a restriction
on hours of operation, then the provisions of this Rule shall apply to
the source or modification as though construction had not yet begun on
the source or modification.

(j)  To issue a permit to a source of a nonattainment pollutant, the
Director shall determine, in addition to the other requirements of this
Rule, that an analysis (produced by the permit applicant) of alternative
sites, sizes, production processes, and environmental control techniques
for the source demonstrates that the benefits of the source
significantly outweigh the environmental and social costs imposed as a
result of its location, construction, or modification. 

(k)  The provisions of 40 CFR 52.21(r)(2) regarding the period of
validity of approval to construct are incorporated by reference except
that the term "Administrator" is replaced with "Director".

(l)  Approval of an application regarding the requirements of this Rule
shall not relieve the owner or operator of the responsibility to comply
fully with applicable provisions of other rules of this Chapter and any
other requirements under local, state, or federal law.

(m)  When a source or modification subject to this Rule may affect the
visibility of a Class I area named in Paragraph (c) of Rule .0530 of
this Section, the following procedures shall be followed:

(1)	The owner or operator of the source shall provide an analysis of the
impairment to visibility that would occur because of the source or
modification and general commercial, industrial and other growth
associated with the source or modification;

(2)	The Director shall provide written notification to all affected
Federal Land Managers within 30 days of receiving the permit application
or within 30 days of receiving advance notification of an application. 
The notification shall be at least 30 days before the publication of the
notice for public comment on the application.  The notification shall
include a copy of all information relevant to the permit application
including an analysis provided by the source of the potential impact of
the proposed source on visibility;

(3)	The Director shall consider any analysis concerning visibility
impairment performed by the Federal Land Manager if the analysis is
received within 30 days of notification.  If the Director finds that the
analysis of the Federal Land Manager fails to demonstrate to his
satisfaction that an adverse impact on visibility will result in the
Class I area, the Director shall provide in the notice of public hearing
on the application, an explanation of his decision or notice where the
explanation can be obtained;

(4)	The Director shall issue permits only to those sources whose
emissions will be consistent with making reasonable progress toward the
national goal of preventing any future, and remedying any existing,
impairment of visibility in mandatory Class I areas when the impairment
results from manmade air pollution.  In making the decision to issue a
permit, the Director shall consider the cost of compliance, the time
necessary for compliance, the energy and nonair quality environmental
impacts of compliance, and the useful life of the source; and

(5)	The Director may require monitoring of visibility in or around any
Class I area by the proposed new source or modification when the
visibility impact analysis indicates possible visibility impairment.

The requirements of this Paragraph shall not apply to nonprofit health
or nonprofit educational institutions.

(n)  Paragraphs (f) and (j) of this Rule shall not apply to a new major
stationary source or a major modification of a source of volatile
organic compounds or nitrogen oxides for which construction commences
after the area in which the source is located has been designated
according to Part (c)(1)(B) of this Rule and before the area is
designated in 40 CFR 81.334 as nonattainment for ozone if the owner or
operator of the source demonstrates, using the Urban Airshed Model
(UAM), that the new source or modification will not contribute to or
cause a violation. The model used shall be that maintained by the
Division. The Division shall run the model only after the permit
application has been submitted. The permit application shall be
incomplete until the modeling analysis is completed. The owner or
operator of the source shall apply such degree of control and obtain
such offsets necessary to demonstrate the new source or modified source
will not cause or contribute to a violation.

(o)  If the owner or operator of a source is using projected actual
emissions to avoid applicability of nonattainment new source review, the
owner or operator shall notify the director of the modification before
beginning actual construction. The notification shall include:

(1)	a description of the project, 

(2)	identification of sources whose emissions could be affected by the
project, 

(3)	the calculated projected actual emissions and an explanation of how
the projected actual emissions were calculated, including identification
of emissions excluded by 40 CFR 51.165(a)(1)(xxviii)(B)(3),

(4)	the calculated baseline actual emissions and an explanation of how
the baseline actual emissions were calculated, and 

(5)	any netting calculations if applicable.

If upon reviewing the notification, the Director finds that the project
will cause a nonattainment new source review evaluation, then the
Director shall notify the owner or operator of his findings. The owner
or operator shall not make the modification until it has received a
permit issued pursuant to this Rule. If a permit revision is not
required pursuant to this Rule, the owner or operator shall maintain
records of annual emissions in tons per year on a calendar year basis
related to the modifications for 10 years following resumption of
regular operations after the change if the project involves increasing
the emissions unit's design capacity or its potential to emit the
regulated NSR pollutant; otherwise these records shall be maintained for
five years following resumption of regular operations after the change.
The owner or operator shall submit a report to the director within 60
days after the end of each year during which these records must be
generated. The report shall contain the items listed in 40 CFR
51.165(a)(6)(v)(A) through (C). The owner or operator shall make the
information documented and maintained under this Paragraph available to
the Director or the general public pursuant to the requirements in 40
CFR 70.4(b)(3)(viii).

(p)  The version of the Code of Federal Regulations incorporated in this
Rule is that as of June 13, 2007 except those provisions noticed as
stayed in 69 FR 40274, and does not include any subsequent amendments or
editions to the referenced material.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
143-215.108(b);

Eff. June 1, 1981;

Amended Eff. December 1, 1993; December 1, 1992;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until
the permanent rule is effective, whichever is sooner;

Amended Eff. May 1, 2008; May 1, 2005; July 1, 1998; July 1, 1996; July
1, 1995; July 1, 1994.

15A NCAC 02D .0532	SOURCES CONTRIBUTING TO AN AMBIENT VIOLATION

(a)  This Rule applies to new major stationary sources and major
modifications to which Rule .0531 of this Section does not apply and
which would contribute to a violation of a national ambient air quality
standard but which would not cause a new violation.

(b)  For the purpose of this Rule the definitions contained in Section
II.A. of Appendix S of 40 CFR Part 51 shall apply.

(c)  The Rule is not applicable to:

(1)	complex sources of air pollution that are regulated only under
Section .0800 of this Subchapter and not under any other rule of this
Subchapter;

(2)	emission of pollutants for which the area in which the new or
modified source is located is designated as nonattainment;

(3)	emission of pollutants for which the source or modification is not
major;

(4)	emission of pollutants other than sulfur dioxide, total suspended
particulates, nitrogen oxides, and carbon monoxide;

(5)	a new or modified source whose impact will increase not more than:

(A)	1.0 ug/m3of SO2 on an annual basis,

(B)	5 ug/m3of SO2 on a 24-hour basis,

(C)	25 ug/m3of SO2 on a 3-hour basis,

(D)	1.0 ug/m3of total suspended particulates on an annual basis,

(E)	5 ug/m3of total suspended particulates on a 24-hour basis,

(F)	1.0 ug/m3of NO2 on an annual basis,

(G)	0.5 mg/m3of carbon monoxide on an 8-hour basis,

(H)	2 mg/m3of carbon monoxide on a one-hour basis,

(I)	1.0 ug/m3of PM10 on an annual basis, or

(J)	5 ug/m3of PM10 on a 24-hour basis,

at any locality that does not meet a national ambient air quality
standard;

(6)	sources which are not major unless secondary emissions are included
in calculating the potential to emit;

(7)	sources which are exempted by the provision in Section II.F. of
Appendix S of 40 CFR Part 51;

(8)	temporary emission sources which will be relocated within two years;
and

(9)	emissions resulting from the construction phase of the source.

(d)  15A NCAC 2Q .0102 and .0302 are not applicable to any source to
which this Rule applies.  The owner or operator of the source shall
apply for and receive a permit as required in 15A NCAC 2Q .0300 or
.0500.

(e)  To issue a permit to a new or modified source to which this Rule
applies, the Director shall determine that the source will meet the
following conditions:

(1)	The sources will emit the nonattainment pollutant at a rate no more
than the lowest achievable emission rate.

(2)	The owner or operator of the proposed new or modified source has
demonstrated that all major stationary sources in the State which are
owned or operated by this person (or any entity controlling, controlled
by, or under common control with this person) are subject to emission
limitations and are in compliance, or on a schedule for compliance which
is federally enforceable or contained in a court decree, with all
applicable emission limitations and standards of this Subchapter which
EPA has authority to approve as elements of the North Carolina State
Implementation Plan for Air Quality.

(3)	The source will satisfy one of the following conditions:

(A)	The source will comply with Subparagraph (e)(3) of Rule .0531 of
this Section when the source is evaluated as if it were in the
nonattainment area; or

(B)	The source will have an air quality offset, i.e., the applicant will
have caused an air quality improvement in the locality where the
national ambient air quality standard is not met by causing reductions
in impacts of other sources greater than any additional impact caused by
the source for which the application is being made.  The emissions
reductions creating the air quality offset shall be placed as a
condition in the permit for the source reducing emissions.  The
requirements of this Part may be partially waived if the source is a
resource recovery facility burning municipal solid waste, the source
must switch fuels due to lack of adequate fuel supplies, or the source
is required to be modified as a result of EPA regulations and no
exemption from such regulations is available and if:

(i)	the permit applicant demonstrates that it made its best efforts to
obtain sufficient air quality offsets to comply with this Part;

(ii)	the applicant has secured all available air quality offsets; and

(iii)	the applicant will continue to seek the necessary air quality
offsets and apply them when they become available.

(f)  At such time that a particular source or modification becomes a
major stationary source or major modification solely by virtue of a
relaxation in any enforceable limitation established after August 7,
1980, on the capacity of the source or modification to emit a pollutant,
such as a restriction on hours of operation, then the provisions of this
Rule shall apply to the source or modification as though construction
had not yet begun on the source or modification.

(g)  The version of the Code of Federal Regulations incorporated in this
Rule is that as of January 1, 1989, and does not include any subsequent
amendments or editions to the referenced material.

History Note:	Filed as a Temporary Amendment Eff. March 8, 1994 for a
period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 143-215.108(b);
150B-21.6;

Eff. June 1, 1981;

Amended Eff. July 1, 1994; December 1, 1993; December 1, 1992; October
1, 1989.

15A NCAC 02D .0533	STACK HEIGHT

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Stack" means any point in a source designed to emit solids,
liquids, or gases into the air, including a pipe or duct but not
including flares.

(2)	"A stack in existence" means that the owner or operator had:

(A)	begun, or caused to begin, a continuous program of physical on-site
construction of the stack; or

(B)	entered into binding agreements or contractual obligations, which
could not be canceled or modified without substantial loss to the owner
or operator, to undertake a program of construction of the stack to be
completed in the time that is normally required to construct such a
stack.

(3)	"Dispersion technique"

(A)	"Dispersion technique" means any technique which attempts to affect
the concentration of a pollutant in the ambient air by:

(i)	using that portion of a stack which exceeds good engineering
practice stack height,

(ii)	varying the rate of emission of a pollutant according to
atmospheric conditions or ambient concentrations of that pollutant, or

(iii)	increasing final exhaust gas plume rise by manipulating source
process parameters, exhaust gas parameters, stack parameters, or
combining exhaust gases from several existing stacks into one stack; or
other selective handling of exhaust gas streams so as to increase the
exhaust gas plume rise.

(B)	"Dispersion technique" does not include:

(i)	the reheating of a gas stream, following use of a pollution control
system, for the purpose of returning the gas to the temperature at which
it was originally discharged from the facility generating the gas
stream;

(ii)	the using of smoke management in agricultural or silvicultural
prescribed burning programs;

(iii)	the merging of exhaust gas streams where:

(I)	The facility owner or operator demonstrates that the source was
originally designed and constructed with such merged gas streams;

(II)	After July 8, 1985, such merging is part of a change in operation
at the facility that includes the installation of pollution controls and
is accompanied by a net reduction in the allowable emissions of a
pollutant.  This exclusion from the definition of "dispersion
techniques" shall apply only to the emission limitation for the
pollutant affected by such change in operation; or

(III)	Before July 8, 1985, such merging was part of a change in
operation at the source that included the installation of emissions
control equipment or was carried out for sound economic or engineering
reasons.  Where there was an increase in the emission limitation or in
the event that no emission limitation was in existence prior to the
merging, an increase in the quantity of pollutants actually emitted
prior to the merging, the Director shall presume that merging was
significantly motivated by an intent to gain emissions credit for
greater dispersion.  Absent a demonstration by the source owner or
operator that merging was not significantly motivated by such intent,
the Director shall deny credit for the effects of such merging in
calculating the allowable emissions for the source;

(iv)	Episodic restrictions on residential woodburning and open burning;
or

(v)	Techniques under Subpart (A)(iii) of this Subparagraph which
increase final exhaust gas plume rise where the resulting allowable
emissions of sulfur dioxide from the facility do not exceed 5,000 tons
per year.

(4)	"Good engineering practice (GEP) stack height" means the greater of:

(A)	65 meters measured from the ground-level elevation at the base of
the stack;

(B)	2.5 times the height of nearby structure(s) measured from the
ground-level elevation at the base of the stack for stacks in existence
on January 12, 1979 and for which the owner or operator had obtained all
applicable permit or approvals required under 15A NCAC 2Q and 40 CFR
Parts 51 and 52, provided the owner or operator produces evidence that
this equation was actually relied on in establishing an emission
limitation;

(C)	for stacks not covered under Part (B) of this Subparagraph, the
height of nearby structure(s) measured from the ground-level elevation
at the base of the stack plus 1.5 times the lesser dimension (height or
projected width) of nearby structure(s) provided that the Director may
require the use of a field study or fluid model to verify GEP stack
height for the source; or

(D)	the height demonstrated by a fluid model or a field study approved
by the Director, which ensures that the emissions from a stack do not
result in excessive concentrations of any air pollutant as a result of
atmospheric downwash, wakes, or eddy effects created by the source
itself, nearby structures or nearby terrain features.

(5)	"Nearby" means, for a specific structure or terrain feature:

(A)	under Parts (4)(B) and (C) of this Paragraph, that distance up to
five times the lesser of the height or the width dimension of a
structure but not greater than one-half mile.  The height of the
structure is measured from the ground-level elevation at the base of the
stack.

(B)	under Part (4)(D) of this Paragraph, not greater than one-half mile,
except that the portion of a terrain feature may be considered to be
nearby which falls within a distance of up to 10 times the maximum
height [Ht] of the feature, not to exceed two miles if such feature
achieves a height [ht] one-half mile from the stack that is at least 40
percent of the GEP stack height determined by Part (4)(C) of this
Paragraph or 26 meters, whichever is greater, as measured from the
ground-level elevation at the base of the stack.  The height of the
structure or terrain feature is measured from the ground-level elevation
at the base of the stack.

(6)	"Excessive concentrations" means, for the purpose of determining
good engineering practice stack height under Part (4)(D) of this
Paragraph:

(A)	for sources seeking credit for stack height exceeding that
established under Part (4)(B) or (C) of this Paragraph, a maximum
ground-level concentration due to emissions from a stack due in whole or
part to downwash, wakes, and eddy effects produced by nearby structures
or nearby terrain features which individually is at least 40 percent in
excess of the maximum concentration experienced in the absence of such
downwash, wakes, or eddy effects and which contributes to a total
concentration due to emissions from all sources that is greater than an
ambient air quality standard.  For sources subject to Rule .0530 of this
Section, an excessive concentration alternatively means a maximum
ground-level concentration due to emissions from a stack due in whole or
part to downwash, wakes, or eddy effects produced by nearby structures
or nearby terrain features which individually is at least 40 percent in
excess of the maximum concentration experienced in the absence of such
downwash, wakes, or eddy effects and greater than a prevention of
significant deterioration increment.  The allowable emission rate to be
used in making demonstrations under this Part shall be prescribed by the
new source performance standard that is applicable to the source
category unless the owner or operator demonstrates that this emission
rate is infeasible.  Where such demonstrations are approved by the
Director, an alternative emission rate shall be established in
consultation with the source owner or operator;

(B)	for sources seeking credit after October 11, 1983, for increases in
existing stack heights up to the heights established under Part (4)(B)
or (C) of this Paragraph:

(i)	a maximum ground-level concentration due in whole or part to
downwash, wakes or eddy effects as provided in Part (A) of this
Subparagraph, except that the emission rate specified by any applicable
Rule in this Subchapter (or, in the absence of such a limit, the actual
emission rate) shall be used, or

(ii)	the actual presence of a local nuisance (odor, visibility
impairment, or pollutant concentration) caused by the existing stack, as
determined by the Director; and

(C)	for sources seeking credit after January 12, 1979, for a stack
height determined under Part (4)(B) or (C) of this Paragraph where the
Director requires the use of a field study or fluid model to verify GEP
stack height, for sources seeking stack height credit after November 9,
1984 based on the aerodynamic influence of cooling towers, and for
sources seeking stack height credit after December 31, 1970 based on the
aerodynamic influence of structures not adequately represented by Part
(4)(B) or (C) of this Paragraph, a maximum ground-level concentration
due in whole or part to downwash, wakes, or eddy effects that is at
least 40 percent in excess of the maximum concentration experienced in
the absence of such downwash, wakes, or eddy effects.

(7)	"Emission limitation" means a requirement established by this
Subchapter or a local air quality program certified by the Commission
that limits the quantity, rate, or concentration of emissions of air
pollutants on a continuous basis, including any requirements that limit
the level of opacity, prescribe equipment, set fuel specifications, or
prescribe operation or maintenance procedures for a source to assure
continuous emission reduction.

(b)  With the exception stated in Paragraphs (c) and (d) of this Rule,
the degree of emission limitations required by any rule in this
Subchapter shall not be affected by:

(1)	that amount of a stack height that exceeds good engineering
practice; or

(2)	any other dispersion technique.

(c)  Paragraph (b) shall not apply to:

(1)	stack heights in existence or dispersion techniques implemented
before December 31, 1970, except where pollutants are being emitted from
such stacks or using such dispersion techniques by sources, as defined
in Section 111(a)(3) of the Clean Air Act, which were constructed, or
reconstructed, or for which major modifications, as defined in Rules
.0530 (b) and .0531 (b) of this Section were carried out after December
31, 1970; or

(2)	coal-fired steam electric generating units, subject to provisions of
Section 118 of the federal Clean Air Act, which began operation before
July 1, 1957, and whose stacks were constructed under a construction
contract awarded before February 8, 1974.

However, these exemptions shall not apply to a new stack that replaces a
stack that is exempted by Subparagraphs (1) and (2) of this Paragraph.
These exemptions shall not apply to a new source using a stack that is
exempted by Subparagraphs (1) and (2) of this Paragraph.

(d)  This Rule shall not restrict the actual stack height of any source.

History Note:	Filed as a Temporary Amendment Eff. March 8, 1994 for a
period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

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

Eff. November 1, 1982;

Amended Eff. July 1, 1994; July 1, 1987; April 1, 1986.

15A NCAC 02D .0534	FLUORIDE EMISSIONS FROM PHOSPHATE FERTILIZER INDUSTRY

(a)  Emissions of total fluorides shall not exceed:

(1)	0.020 pounds per ton of phosphorus-bearing material fed to any
wet-process phosphoric acid plant;

(2)	0.010 pounds per ton of phosphorus-bearing material fed to any
superphosphoric acid plant;

(3)	0.40 pounds per ton of phosphorus-bearing material fed to any
granular diammonium phosphate plant;

(4)	0.20 pounds per ton of phosphorus-bearing material fed to any
run-of-pile triple superphosphate plant including curing and storing
process;

(5)	0.20 pounds per ton of phosphorus-bearing material fed to any
granular triple superphosphate plant that began operating after December
31, 1969;

(6)	0.40 pounds per ton of phosphorus-bearing material fed to any
granular triple superphosphate plant that began operating before January
1, 1970; and

(7)	0.00050 pounds per hour per ton of phosphorus-bearing material cured
or stored at any curing or storage facility associated with a granular
triple supersphosphate plant.

(b)  The phosphorus-bearing material mentioned in Paragraph (a) of this
Regulation shall be expressed as phosphorus pentoxide.

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

Eff. November 1, 1982.

15A NCAC 02D .0535	EXCESS EMISSIONS REPORTING AND MALFUNCTIONS

(a)  For this Rule the following definitions apply:

(1)	"Excess Emissions" means an emission rate that exceeds any
applicable emission limitation or standard allowed by any rule in
Sections .0500, .0900, .1200, or .1400 of this Subchapter; or by a
permit condition; or that exceeds an emission limit established in a
permit issued under 15A NCAC 02Q .0700.

(2)	"Malfunction" means any unavoidable failure of air pollution control
equipment, process equipment, or process to operate in a normal and
usual manner that results in excess emissions.  Excess emissions during
periods of routine start-up and shut-down of process equipment are not
considered a malfunction.  Failures caused entirely or in part by poor
maintenance, careless operations or any other upset condition within the
control of the emission source are not considered a malfunction.

(3)	"Start-up" means the commencement of operation of any source that
has shut-down or ceased operation for a period sufficient to cause
temperature, pressure, process, chemical, or a pollution control device
imbalance that would result in excess emission.

(4)	"Shut-down" means the cessation of the operation of any source for
any purpose.

(b)  This Rule does not apply to sources to which Rules .0524, .1110, or
.1111 of this Subchapter applies unless excess emissions exceed an
emission limit established in a permit issued under 15A NCAC 02Q .0700
that is more stringent than the emission limit set by Rules .0524, .1110
or .1111 of this Subchapter.

(c)  Any excess emissions that do not occur during start-up or shut-down
are considered a violation of the appropriate rule unless the owner or
operator of the source of excess emissions demonstrates to the Director,
that the excess emissions are the result of a malfunction.  To determine
if the excess emissions are the result of a malfunction, the Director
shall consider, along with any other pertinent information, the
following:

(1)	The air cleaning device, process equipment, or process has been
maintained and operated, to the maximum extent practicable, consistent
with good practice for minimizing emissions;

(2)	Repairs have been made expeditiously when the emission limits have
been exceeded;

(3)	The amount and duration of the excess emissions, including any
bypass, have been minimized to the maximum extent practicable;

(4)	All practical steps have been taken to minimize the impact of the
excess emissions on ambient air quality;

(5)	The excess emissions are not part of a recurring pattern indicative
of inadequate design, operation, or maintenance;

(6)	The requirements of Paragraph (f) of this Rule have been met; and

(7)	If the source is required to have a malfunction abatement plan, it
has followed that plan.  All malfunctions shall be repaired as
expeditiously as practicable.  However, the Director shall not excuse
excess emissions caused by malfunctions from a source for more than 15
percent of the operating time during each calendar year.  The Director
may require the owner or operator of a facility to maintain records of
the time that a source operates when it or its air pollution control
equipment is malfunctioning or otherwise has excess emissions.

(d)  All electric utility boiler units shall have a malfunction
abatement plan approved by the Director as satisfying the requirements
of Subparagraphs (1) through (3) of this Paragraph.  In addition, the
Director may require any other source to have a malfunction abatement
plan approved by the Director as satisfying the requirements of
Subparagraphs (1) through (3) of this Paragraph.  If the Director
requires a malfunction abatement plan for a source other than an
electric utility boiler, the owner or operator of that source shall
submit a malfunction abatement plan within 60 days after receipt of the
Director's request.  The malfunction plans of electric utility boiler
units and of other sources required to have them shall be implemented
when a malfunction or other breakdown occurs.  The purpose of the
malfunction abatement plan is to prevent, detect, and correct
malfunctions or equipment failures that could result in excess
emissions.  A malfunction abatement plan shall contain:

(1)	a complete preventive maintenance program including:

(A)	the identification of individuals or positions responsible for
inspecting, maintaining and repairing air cleaning devices;

(B)	a description of the items or conditions that will be inspected and
maintained;

(C)	the frequency of the inspection, maintenance services, and repairs;
and

(D)	an identification and quantities of the replacement parts that shall
be maintained in inventory for quick replacement;

(2)	an identification of the source and air cleaning operating variables
and outlet variables, such as opacity, grain loading, and pollutant
concentration, that may be monitored to detect a malfunction or failure;
the normal operating range of these variables and a description of the
method of monitoring or surveillance procedures and of informing
operating personnel of any malfunctions, including alarm systems, lights
or other indicators; and

(3)	a description of the corrective procedures that the owner or
operator will take in case of a malfunction or failure to achieve
compliance with the applicable rule as expeditiously as practicable but
no longer than the next boiler or process outage that would provide for
an orderly repair or correction of the malfunction or 15 days, whichever
is shorter.  If the owner or operator anticipates that the malfunction
would continue for more than 15 days, a case-by-case repair schedule
shall be established by the Director with the source.  The owner or
operator shall maintain logs to show that the operation and maintenance
parts of the malfunction abatement plan are implemented.  These logs are
subject to inspection by the Director or his designee upon request
during business hours.

(e)  The owner or operator of any source required by the Director to
have a malfunction abatement plan shall submit a malfunction abatement
plan to the Director within six months after it has been required by the
Director.  The malfunction abatement plan and any amendment to it shall
be reviewed by the Director or his designee.  If the plan carries out
the objectives described by Paragraph (d) of this Rule, the Director
shall approve it. If the plan does not carry out the objectives
described by Paragraph (d) of this Rule, the Director shall disapprove
the plan.  The Director shall state his reasons for his disapproval. The
person who submits the plan shall submit an amendment to the plan to
satisfy the reasons for the Director's disapproval within 30 days of
receipt of the Director's notification of disapproval.  Any person
having an approved malfunction abatement plan shall submit to the
Director for his approval amendments reflecting changes in any element
of the plan required by Paragraph (d) of this Rule or amendments when
requested by the Director.  The malfunction abatement plan and
amendments to it shall be implemented within 90 days upon receipt of
written notice of approval.

(f)  The owner or operator of a source of excess emissions that last for
more than four hours and that results from a malfunction, a breakdown of
process or control equipment or any other abnormal conditions, shall:

(1)	notify the Director or his designee of any such occurrence by 9:00
a.m. Eastern time of the Division's next business day of becoming aware
of the occurrence and describe:

(A)	name and location of the facility,

(B)	the nature and cause of the malfunction or breakdown,

(C)	the time when the malfunction or breakdown is first observed,

(D)	the expected duration, and

(E)	an estimated rate of emissions;

(2)	notify the Director or his designee immediately when the corrective
measures have been accomplished;

(3)	submit to the Director within 15 days after the request a written
report that includes:

(A)	name and location of the facility,

(B)	identification or description of the processes and control devices
involved in the malfunction or breakdown,

(C)	the cause and nature of the event,

(D)	time and duration of the violation or the expected duration of the
excess emission if the malfunction or breakdown has not been fixed,

(E)	estimated quantity of pollutant emitted,

(F)	steps taken to control the emissions and to prevent recurrences and
if the malfunction or breakdown has not been fixed, steps planned to be
taken, and

(G)	any other pertinent information requested by the Director.  After
the malfunction or breakdown has been corrected, the Director may
require the owner or operator of the source to test the source in
accordance with Section .2600 of this Subchapter to demonstrate
compliance.

(g)  Start-up and shut-down.  Excess emissions during start-up and
shut-down are considered a violation of the appropriate rule if the
owner or operator cannot demonstrate that the excess emissions are
unavoidable.  To determine if excess emissions are unavoidable during
startup or shutdown the Director shall consider the items listed in
Paragraphs (c)(1), (c)(3), (c)(4), (c)(5), and (c)(7) of this Rule along
with any other pertinent information.  The Director may specify for a
particular source the amount, time, and duration of emissions allowed
during start-up or shut-down.  The owner or operator shall, to the
extent practicable, operate the source and any associated air pollution
control equipment or monitoring equipment in a manner consistent with
best practicable air pollution control practices to minimize emissions
during start-up and shut-down.

History Note:	Authority G.S. 143-215.3(a)(1);143-215.107(a)(4);
143-215.107(a)(5);

Eff. March 1, 1983;

Amended Eff. June 1, 2008; April 1, 2001; July 1, 1998; July 1, 1996;
October 1, 1991; May 1, 1990; April 1, 1986; July 1, 1984.

15A NCAC 02D .0536	PARTICULATE EMISSIONS FROM ELECTRIC UTILITY BOILERS 

(a)  The purpose of this Rule is to establish particulate and visible
emission limits for the listed units by utilizing control technology to
protect the public health and welfare of the State and its citizens. 

(b)  Notwithstanding Rule .0503 of this Section, emissions of
particulate matter from the utility boiler units specified in the
following table shall not exceed the maximum emission rate in the table
as measured by a stack test conducted in accordance with Section .2600
of this Subchapter.  The results of any stack test shall be reported
within 30 days, and the test report shall be submitted within 60 days
after the test. In addition to limitations contained in Rule .0521 of
this Section, visible emissions from the utility boiler units specified
in the table shall not exceed the annual average opacity limits in the
table. Each day an annual average opacity value shall be calculated for
each unit for the most recent 365-day period ending with the end of the
previous day.  The average is the sum of the measured non-overlapping
six-minute averages of opacity determined only while the unit is in
operation divided by the number of such measured non-overlapping
six-minute averages.  Start-up, shut-down, and non-operating time shall
not be included in the annual average opacity calculation, but
malfunction time shall be included, Rule .0535 of this Section
notwithstanding.  The Director may approve an alternate method of
calculating the annual average opacity if:

(1)	the alternate method is submitted by the electric utility company,

(2)	the director concludes that the alternate method will not cause a
systematic or unacceptable difference in calculated values from the
specified method, and

(3)	it is mutually agreed that the values calculated using the alternate
method can be used for enforcement purposes.

The owner or operator of each unit shall submit a report to the Director
by the 30th day following the end of each month. This report shall show
for each day of the previous month the calculated annual average opacity
of each unit and the annual average opacity limit. If a violation
occurs, the owner or operator of the unit shall immediately notify the
Director.

Facility	

Boiler/Unit	

Maximum Emission Rate (Lb/Million Btu of Heat Input)	

Annual Average Opacity Limit (Percent)

Duke Power Comp.



	Allen     	1	0.25	20

 	2	0.25	20

 	3	0.25	13

 	4	0.25	14

 	5	0.25	17

 



	Belews Creek	1	0.15	17

 	2	0.15	17

 



	Buck	5	0.15	10

 	6	0.15	10

 	7	0.15	6

 	8	0.15	8

 	9	0.15	10

 



	Cliffside	1	0.25	8

 	2	0.25	12

 	3	0.25	8

 	4	0.25	8

 	5	0.25	16

 



	Dan River	1	0.15	7

 	2	0.15	9

 	3	0.25	20

Marshall	1	0.20	20

 	2	0.20	20

 	3	0.18	20

 	4	0.18	20

 



	Riverbend	4	0.12	12

 	5	0.12	12

 	6	0.12	12

 	7	0.12	12

 



	Carolina Power & Light Company



	Asheville	1	0.12	10

 	2	0.12	5

 



	Cape Fear	5	0.20	17

 	6	0.20	15

 



	Lee	1	0.25	18

 	2	0.13	11

 	3	0.25	15

 



	Roxboro	1	0.25	15

 	2	0.16	20

 	3	0.10	25

 



	Sutton	1	0.11	14

 	2	0.11	14

 	3	0.11	20

 



	Weatherspoon	1	0.14	8

 	2	0.14	10

 	3	0.15	23



(c)  For the purpose of this Rule, the heat input shall be the total
heat content of all fuels burned in the unit during the period of time
for which the compliance determination is being made.

(d)  Stack tests shall be conducted in accordance with Section .2600 of
this Subchapter, and six-minute average opacity readings shall be
recorded during the tests. If a stack test and opacity data are
acceptable to the Director, the results shall be used by the owner or
operator to update and refine the mass-opacity curve for that unit at
least annually or when otherwise requested by the Director. The owner or
operator of a unit shall notify the Director whenever an alteration in
the equipment, method of operation, fuel, or other factors, may cause a
systematic change in the mass-opacity curve expected to last more than
one month. 

(e)  The owner or operator of units listed in Paragraph (b) of this Rule
shall produce each year for each unit at least one stack test conducted
in accordance Section .2600 of this Subchapter, the results of which are
submitted to and accepted by the Director and which demonstrate
achievement of the maximum emission rate for that unit.

(f)  Whenever a stack test shows emissions of particulate matter
exceeding the maximum emission rate listed in Paragraph (b) of this
Rule, all necessary steps shall be taken to ensure that the emissions of
particulate matter do not continue to exceed the maximum emission rate
and a retest shall be conducted before the 45th operating day following
the day the excess was measured. 

(g)  Opacity shall be measured using an opacity monitoring system that
meets the performance specifications of Appendix B of 40 CFR Part 60.
The opacity monitoring system shall be subjected to a quality assurance
program in accordance with Rule .0613 of this Section approved by the
Director. The owner or operator of each unit subject to this Rule shall
have on file with the Director an approved quality assurance program,
and shall submit to the Director within the time period of his request
for his approval a revised quality assurance program, including
procedures and frequencies for calibration, standards traceability,
operational checks, maintenance, auditing, data validation, and a
schedule for implementing the quality assurance program.

(h)  The owner or operator of each unit subject to this Rule shall have
on file with the Director an approved malfunction abatement plan, and
shall submit to the Director within the time period of his request for
his approval a revised malfunction abatement plan, in accordance with
Rule .0535 (d) and (e) of this Section. The owner or operator shall
submit each month for each malfunction and other equipment failures that
occurred at each unit during the preceding month a report that meets the
requirements of Rule .0535 (f)(3) of this Section. 

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

Eff. March 1, 1983;

Amended Eff. June 1, 2008; April 1, 2001; August 1, 1991; August 1,
1987; February 1, 1986.

15A NCAC 02D .0537	CONTROL OF MERCURY EMISSIONS

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Mercury" means the element mercury, excluding any associated
elements, and includes mercury in particulates, vapors, aerosols, and
compounds.

(2)	"Stationary source" means the total plant site.  This includes all
emissions (stacks, ducts, vents, openings, fugitives, etc.) to the
atmosphere within the property boundary.

(b)  This Rule shall apply to all new and existing stationary sources
engaged in the handling or processing of mercury and not subject to
standards on emissions for mercury in Rule .0530, .1110, or .1111 of
this Subchapter.

(c)  An owner or operator of a stationary source engaged in the handling
or processing of mercury shall not cause, allow, or permit particulate
or gaseous mercury emissions in excess of 2300 grams per day into the
outdoor atmosphere.

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

Eff. June 1, 1985;

Amended Eff. July 1, 1996.

15A NCAC 02D .0538	CONTROL OF ETHYLENE OXIDE EMISSIONS

(a)  For purposes of this Rule, "medical devices" means instruments,
apparatus, implements, machines, implants, in vitro reagents,
contrivances, or other similar or related articles including their
components, parts, and accessories, intended for use in the diagnosis,
cure, mitigation, treatment, or prevention of disease in man or other
animals; or intended to affect the structure or any function of the body
of man or other animals.

(b)  This Rule applies to emissions of ethylene oxide resulting from use
as a sterilant in:

(1)	the production and subsequent storage of medical devices; or

(2)	the packaging and subsequent storage of medical devices for sale;

at facilities for which construction began after August 31, 1992.

(c)  This Rule does not apply to hospital or medical facilities.

(d)  Facilities subject to this Rule shall comply with the following
standards:

(1)	For sterilization chamber evacuation, a closed loop liquid ring
vacuum pump, or equipment demonstrated to be as effective at reducing
emissions of ethylene oxide shall be used;

(2)	For sterilizer exhaust, a reduction in the weight of uncontrolled
emissions of ethylene oxide of at least 99.8 percent by weight shall be
achieved; 

(3)	For sterilizer unload and backdraft valve exhaust, a reduction: 

(A)	in uncontrolled emissions of ethylene oxide of at least 99 percent
by weight shall be achieved; or

(B)	to no more than one part per million by volume of ethylene oxide
shall be achieved;

(4)	Sterilized product ethylene oxide residual shall be reduced by:

(A)	a heated degassing room to aerate the products after removal from
the sterilization chamber; the temperature of the degassing room shall
be maintained at a minimum of 95 degrees Fahrenheit during the degassing
cycle, and product hold time in the aeration room shall be at least 24
hours; or

(B)	a process demonstrated to be as effective as Part (d)(4)(A) of this
Rule.

(5)	Emissions of ethylene oxide from the degassing area (or equivalent
process) shall be vented to a control device capable of reducing
uncontrolled ethylene oxide emissions by at least 99 percent by weight
or to no more than one part per million by volume of ethylene oxide..
The product aeration room and the product transfer area shall be
maintained under a negative pressure. 

(e)  Before installation of the controls required by Paragraph (d) of
this Rule, and annually thereafter, a written description of waste
reduction, elimination, or recycling plan shall be submitted [as
specified in G.S. 143-215.108(g)] to determine if ethylene oxide use can
be reduced or eliminated through alternative sterilization methods or
process modifications.

(f)  The owner or operator of the facility shall conduct a performance
test to verify initial efficiency of the control devices.  The owner or
operator shall maintain temperature records to demonstrate proper
operation of the degassing room.  Such records shall be retained for a
period of at least two calendar years and shall be made available for
inspection by Division personnel.

(g)  If the owner or operator of a facility subject to the Rule
demonstrates, using the procedures in Rule .1106 of this Section, that
the emissions of ethylene oxide from all sources at the facility do not
cause the acceptable ambient level of ethylene oxide in Rule .1104 of
this Section to be exceeded, then the requirements of Paragraphs (d)
through (e) of this Rule shall not apply. This demonstration shall be at
the option of the owner or operator of the facility. If this option is
chosen, the Director shall write the facility's permit to satisfy the
requirements of Rule .1104(a) of this Section.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5);
143-215.108(c);

Eff. September 1, 1992;

Amended Eff. June 1, 2004; August 1, 2002.

15a ncac 02d .0539	ODOR CONTROL OF FEED INGREDIENT MANUFACTURING PLANTS

(a)  Applicability. The requirements of this Rule apply to any facility
that produces feed-grade animal proteins or feed-grade animal fats and
oils, but do not apply to any portions of such facilities that are
engaged exclusively in the processing of food for human consumption.

(b)  This Rule does not apply to those facilities solely engaged in the
processing of marine byproducts. Those facilities, however, shall
continue to control their odorous emissions in accordance with Rule
.1806 of this Subchapter.

 (c)  A person shall not allow, cause, or permit the operation or use of
any device, machine, equipment, or other contrivance to process material
to be used in the production of feed-grade animal proteins or feed-grade
animal fats and oils unless all gases, vapors, and gas-entrained
effluents from these processes are passed through condensers to remove
all steam and other condensible materials. All noncondensibles passing
through the condensers shall then be incinerated at 1200 degrees
Fahrenheit for a period of not less than 0.3 seconds, or treated in an
equally effective manner.

(d)  Measurement and Recording Requirements. Any person processing or
incinerating gases, vapors, or gas-entrained matter as required by
Paragraph (c) of this Rule shall install, operate, and maintain in good
working order and calibration continuous measuring and recording devices
for equipment operational parameters to document equipment operation in
accordance with this Rule. In addition, the owner or operator of the
facility shall:

(1)	demonstrate that the measuring and recording devices are capable of
verifying the compliance status of the equipment on a continuous basis;

(2)	describe the parameters to be used to determine the compliance
status and how these parameters:

(A)	are to be measured;

(B)	are to be used to determine compliance status; and

(3)	provide a quality assurance program approved by the Director for all
monitoring devices and systems that includes:

(A)	procedures and frequencies for calibration;

(B)	standards traceability;

(C)	operational checks,

(D)	maintenance schedules and procedures;

(E)	auditing schedules and procedures;

(F)	data validation; and

(G)	schedule for implementing the quality assurance program.

These data shall be available to the Director upon request.

(e)  A person shall not allow, cause, or permit the installation or
operation of expeller units unless they are properly hooded and all
exhaust gases are collected or ducted to odor control equipment.

(f)  A person subject to this Rule shall not cause or permit any raw
material to be handled, transported, or stored, or to undertake the
preparation of any raw material without taking reasonable precautions to
prevent odors from being discharged. For the purpose of this Rule, such
raw material is in "storage" after it has been unloaded at a facility or
after it has been located at the facility for at least 24 hours.
Reasonable precautions shall include the following:

(1)	storage of all raw material before or in the process of preparation,
in properly enclosed and vented equipment or areas, together with the
use of effective devices and methods to prevent the discharge of odor
bearing gases;

(2)	use of covered vehicles or containers of watertight construction for
the handling and transporting of any raw material; and

(3)	use of hoods and fans to enclose and vent the storage, handling,
preparation, and conveying of any odorous materials together with
effective devices or methods, or both, to prevent emissions of odors or
odor bearing gases.

(g)   The owner or operator shall notify the regional supervisor of the
appropriate regional office within two business days after conditions
are encountered that cause or may cause release of excessive and
malodorous gases or vapors.

(h)  Compliance Schedule. The owner or operator of a facility subject to
this Rule that begins construction or is in operation before July 1,
1996, shall adhere to the following increments of progress and
schedules:

(1)	documentation that the facility complies with this Rule or an air
permit application containing plans to bring the facility into
compliance and a schedule shall be submitted by January 1, 1997;

(2)	the compliance schedule shall contain the following increments of
progress:

(A)	a date by which contracts for the emission control system and
process equipment shall be awarded or orders shall be issued for
purchase of component parts;

(B)	a date by which on-site construction or installation of the emission
control and process equipment shall begin;

(C)	a date by which on-site construction or installation of the emission
control and process equipment shall be completed; and

(D)	a date by which final compliance shall be achieved.

(3)	The final compliance date under Subparagraph (2)(D) of this
Paragraph shall be no later than July 1, 2001.

The owner or operator shall certify to the Director within five days
after the deadline, for each increment of progress, whether the required
increment of progress has been met.

(i)  The owner or operator of a facility that begins construction after
June 30, 1996, shall be in compliance with this Rule before beginning
operation.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.66; 143-215.107
(a)(5);

Eff. July 1, 1996;

Amended Eff. April 1, 2001.

15A NCAC 02D .0540	PARTICULATES FROM FUGITIVE DUST EMISSION SOURCES

(a)  For the purpose of this Rule the following definitions shall apply:

(1)	"Excess fugitive dust emissions" means:

(A)	Fugitive dust is visible extending beyond the facility's property
line, or

(B)	Upon inspection of settled dust on adjacent property, the Division
finds that the dust came from the adjacent facility.

(2)	"Fugitive dust emissions" means particulate matter from process
operations that does not pass through a process stack or vent and that
is generated within plant property boundaries from activities such as:
unloading and loading areas, process areas, stockpiles, stock pile
working, plant parking lots, and plant roads (including access roads and
haul roads).

(3)	"Production of crops" means cultivation of land for crop planting;
crop irrigation; harvesting; on site curing, storage, or preparation of
crops; or protecting them from damage or disease conducted according to
practices acceptable to the Department of Agriculture.

(4)	"Public parking" means an area dedicated to or maintained for the
parking of vehicles by the general public.

(5)	"Public road" means any road that is part of the State highway
system or any road, street, or right-of-way dedicated or maintained for
public use.

(6)	"Substantive complaints" means complaints that are verified with
physical evidence.

(b)  This Rule does not apply to:

(1)	abrasive blasting covered under Rule .0541 of this Section;

(2)	cotton ginning operations covered under Rule .0542 of this Section; 

(3)	non-production military base operations;

(4)	land disturbing activities, such as clearing, grading, or digging,
and related activities such as, hauling fill and cut material, building
material, or equipment; or

(5)	public roads, public parking, timber harvesting, or production of
crops.

(c)  The owner or operator of a facility required to have a permit under
15A NCAC 02Q or of a source subject to a requirement under 15A NCAC 02D
shall not cause or allow fugitive dust emissions to cause or contribute
to substantive complaints, or visible emissions in excess of that
allowed under Paragraph (e) of this Rule.

(d)  If fugitive dust emissions from a facility required to comply with
this Rule cause or contribute to substantive complaints, the owner or
operator of the facility shall:

(1)	within 30 days upon receipt of written notification from the
Director of a second substantive complaint in a 12-month period, submit
to the Director a written report that includes the identification of the
probable source(s) of the fugitive dust emissions causing complaints and
what immediate measures can be made to abate the fugitive emissions; 

(2)	within 60 days of the initial report submitted under Subparagraph
(1) of this Paragraph, submit to the Director a control plan as
described in Paragraph (f) of this Rule; and

(3)	within 30 days after the Director approves the plan, be in
compliance with the plan. 

(e)  The Director may require that the owner or operator of a facility
covered by Paragraph (c) of this Rule, develop and submit a fugitive
dust control plan as described in Paragraph (f) of this Rule if:

(1)	ambient air quality measurements or dispersion modeling as provided
in 15A NCAC 02D .1106(e) show violation or a potential for a violation
of an ambient air quality standard for particulates in 15A NCAC 02D
.0400; or

(2)	if the Division observes excessive fugitive dust emissions from the
facility beyond the property boundaries for six minutes in any one hour
using Reference Method 22 in 40 CFR 60, Appendix A.

(f)  The fugitive dust control plan shall:

(1)	identify the sources of fugitive dust emissions within the facility;

(2)	describe how fugitive dust will be controlled from each identified
source;

(3)	contain a schedule by which the plan will be implemented;

(4)	describe how the plan will be implemented, including training of
facility personnel; and

(5)	describe methods to verify compliance with the plan.

(g)  The Director shall approve the plan if he finds that:

(1)	the plan contains all required elements in Paragraph (f) of this
Rule;

(2)	the proposed schedule contained in the plan will reduce fugitive
dust emissions in a timely manner;

(3)	the methods used to control fugitive dust emissions are sufficient
to prevent fugitive dust emissions from causing or contributing to a
violation of the ambient air quality standards for particulates; and

(4)	the described compliance verification methods are sufficient to
verify compliance with the plan.

If the Director finds that the proposed plan does not meet the
requirements of this Paragraph he shall notify the owner or operator of
the facility of any deficiencies in the proposed plan.  The owner or
operator shall have 30 days after receiving written notification from
the Director to correct the deficiencies or submit a schedule describing
actions to be taken and the time by which they will be implemented.

(h)  If after a plan has been implemented, the Director finds that the
plan inadequately controls fugitive dust emissions, he shall require the
owner or operator of the facility to correct the deficiencies in the
plan. Within 90 days after receiving written notification from the
Director identifying the deficiency, the owner or operator of the
facility shall submit a revision to his plan to correct the
deficiencies.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
143-215.108(c)(7);

Eff. July 1, 1998; 

Amended Eff. August 1, 2007.

15A NCAC 02D .0541	CONTROL OF EMISSIONS FROM ABRASIVE BLASTING

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Abrasives" means any material used in abrasive blasting operations.

(2)	"Abrasive blasting" means the operation of cleaning or preparing a
surface by forcibly propelling a stream of abrasive material against the
surface.  Sandblasting is one form of abrasive blasting.

(3)	"Abrasive blasting equipment" means any equipment used in abrasive
blasting operations.

(4)	"Fugitive dust emissions" means emissions of particulate matter into
the outdoor atmosphere that is not vented or captured by a stack or
chimney.

(5)	"Building" means a structure with four or more sides and a roof that
is used, in whole or in part, to house or contain abrasive blasting.

(b)  The owner or operator shall ensure that any abrasive blasting
operation conducted outside a building or conducted indoors and vented
to the atmosphere is performed in accordance with the requirements set
forth in 15A NCAC 2D .0521, Control of Visible Emissions.  For the
purposes of this Rule, the visible emissions reading for abrasive
blasting performed outside a building shall be taken at a spot
approximately one meter above the point of abrasive blasting with a
viewing distance of approximately five meters.

(c)  Except as provided in Paragraph (d) of this Rule, all abrasive
blasting operations shall be conducted within a building.

(d)  An abrasive blasting operation conducted under one or more of the
following conditions is not required to be conducted within a building:

(1)	when the item to be blasted exceeds eight feet in any dimension;

(2)	when the surface being blasted is situated at its permanent location
or not further away from its permanent location than is necessary to
allow the surface to be blasted; or

(3)	when the abrasive blasting operation is conducted at a private
residence or farm and the visible emissions created by this abrasive
blasting operation do not migrate beyond the property boundary of the
private residence or farm on which the abrasive blasting operation is
being conducted.

(e)  The owner or operator of any abrasive blasting operation conducted
in accordance with Subparagraphs (d)(1) and (d)(2) of this Rule, outside
a building, shall take appropriate measures to ensure that the fugitive
dust emissions created by the abrasive blasting operation do not migrate
beyond the property boundaries in which the abrasive blasting operation
is being conducted. Appropriate measures include the following:

(1)	the addition of a suppressant to the abrasive blasting material;

(2)	wet abrasive blasting;

(3)	hydroblasting;

(4)	vacuum blasting;

(5)	shrouded blasting; or

(6)	shrouded hydroblasting.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.108(c)(7);
143-215.108(d)(1);

Eff. July 1, 2000.

15A NCAC 02D .0542	CONTROL OF PARTICULATE EMISSIONS FROM COTTON GINNING
OPERATIONS

(a)  Purpose. The purpose of this Rule is to establish control
requirements for particulate emissions from cotton ginning operations.

(b)  Definitions. For the purposes of this Rule the following
definitions apply:

(1)	"1D-3D cyclone" means any cyclone-type collector of the 1D-3D
configuration. This designation refers to the ratio of the cylinder to
cone length, where D is the diameter of the cylinder portion. A 1D-3D
cyclone has a cylinder length of 1xD and a cone length of 3xD. 

(2)	"2D-2D cyclone" means any cyclone-type collector of the 2D-2D
configuration.  This designation refers to the ratio of the cylinder to
cone length, where D is the diameter of the cylinder portion. A 2D-2D
cyclone has a cylinder length of 2xD and a cone length of 2xD. 

(3)	"Bale" means a compressed and bound package of cotton lint,
nominally weighing 500 pounds.

(4)	"Existing facility" means a cotton ginning operation that operated
prior to July 1, 2002.

(5)	"Ginning operation" means any facility or plant that removes seed,
lint, and trash or one or more combination of these from raw cotton or
bales of lint cotton.

(6)	"Ginning season" means the period of time during which the gin is in
operation, which is generally from September of the current year through
January of the following year.

(7)	"High pressure exhausts" means the exhaust air systems at a cotton
gin that are not defined as "low pressure exhausts."

(8)	"Low pressure exhausts" means the exhaust cotton handling systems
located at a cotton gin that handle air from the cotton lint handling
system and battery condenser.

(c)  Applicability. This rule applies to all existing, new, and modified
cotton ginning operations. Existing facilities with a maximum rated
capacity of less than 20 bales per hour that do not have cyclones on
lint cleaners and battery condensers as of July 1, 2002 are not be
required to add:

(1)	the emission control devices in Paragraph (d)(1) of this Rule to
lint cleaning exhausts if emissions from the lint cleaning are
controlled by fine mesh screens; and 

(2)	the emission control devices in Paragraph (d)(2) of this Rule to
battery condenser exhausts if the emissions from the battery condenser
are controlled by fine mesh screens.

(d)  Emission Control Requirements.  The owner or operator of each
cotton ginning operation shall control particulate emissions from the
facility by controlling: 

(1)	all high pressure exhausts and lint cleaning exhausts with an
emission control system that includes: 

(A)	one or more 1D-3D or 2D-2D cyclones to achieve 95 percent
efficiency; or 

(B)	a device with a minimum of 95 percent efficiency.

(2)	low pressure exhausts, except lint cleaning exhausts, by an emission
control system that includes:

(A)	one or more 1D-3D or 2D-2D cyclones to achieve 90 percent
efficiency; or

(B)	a device with at least a 90 percent efficiency.

Efficiency is based on the removal of particulate matter between the
cyclone's inlet and outlet; it is measured using test methods in Section
.2600 of this Subchapter.

(e)  Raincaps.  Exhausts from emission points or control devices shall
not be equipped with raincaps or other devices that deflect the
emissions downward or outward.

(f)  Operation and Maintenance. To ensure that optimum control
efficiency is maintained, the owner or operator shall establish, based
on manufacturers recommendations, an inspection and maintenance schedule
for the control devices, other emission processing equipment, and
monitoring devices that are used pursuant to this Rule. The inspection
and maintenance schedule shall be followed throughout the ginning
season. The results of the inspections and any maintenance performed on
the control equipment, emission processing equipment, or monitoring
devices shall be recorded in the log book required in Paragraph (k) of
this Rule.

(g)  Fugitive Emissions. The owner or operator shall minimize fugitive
emissions from cotton ginning operations as follows.

(1)	The owner or operator of a

(A)	trash stacker shall:

(i)	install, maintain, and operate a three sided enclosure with a roof
whose sides are high enough above the opening of the dumping  device to
prevent wind from dispersing dust or debris; or

(ii)	install, maintain, and operate a device to provide wet suppression
at the dump area of the trash cyclone and minimize free fall distance of
waste material exiting the trash cyclone; or

(B)	trash stacker/trash composting system shall install, maintain, and
operate a wet suppression system providing dust suppression in the auger
box assembly and at the dump area of the trash stacker system. The owner
or operator shall keep the trash material wet and compost it in place
until the material is removed from the dump area for additional
composting or disposal.

(2)	Gin Yard. The owner or operator shall clean and dispose of
accumulations of trash or lint on the non-storage areas of the gin yard
daily.

(3)	Traffic areas. The owner or operator shall clean paved roadways,
parking, and other traffic areas at the facility as necessary to prevent
re-entrainment of dust or debris.  The owner or operator shall treat
unpaved roadways, parking, and other traffic areas at the facility with
wet or chemical dust suppressant as necessary to prevent dust from
leaving the facility's property and shall install and maintain signs
limiting vehicle speed to 10 miles per hour where chemical suppression
is used and to 15 miles per hour where wet suppression is used.

(4)	Transport of Trash Material.  The owner or operator shall ensure
that all trucks transporting gin trash material are covered and that the
trucks are cleaned of over-spill material before trucks leave the trash
hopper dump area.  The dump area shall be cleaned daily.

(h)  Alternative Control Measures.  The owner or operator of a ginning
operation may petition for use of alternative control measures to those
specified in this Rule.  The petition shall include:

(1)	the name and address of the petitioner;

(2)	the location and description of the ginning operation;

(3)	a description of the alternative control measure;

(4)	a demonstration that the alternative control measure is at least as
effective as the control device or method specified in this Rule.

(i)  Approval of Alternative Control Measure.  The Director shall
approve the alternative control measure if he finds that:

(1)	all the information required by Paragraph (h) of this Rule has been
submitted; and 

(2)	the alternative control measure is at least as effective as the
control device or method specified in this Rule. 

(j)  Monitoring. 

(1)	The owner or operator of each ginning operation shall install,
maintain, and calibrate monitoring devices that measure pressures, rates
of flow, and other operating conditions necessary to determine if the
control devices are functioning properly.

(2)	Before or during the first week of operation of the 2002-2003
ginning season, the owner or operator of each gin shall conduct a
baseline study of the entire dust collection system, without cotton
being processed, to ensure air flows are within the design range for
each collection device.  For 2D-2D cyclones the air flow design range is
2600 to 3600 feet per minute. For 1D-3D cyclones the design range is
2800 to 3600 feet per minute. For other control devices the air flow
design range is that found in the manufacturer's specifications.  Gins
constructed after the 2002-2003 ginning season shall conduct the
baseline study before or during the first week of operation of the first
ginning season following construction.  During the baseline study the
owner or operator shall measure or determine according to the methods
specified in this Paragraph and record in a logbook:

(A)	the calculated inlet velocity for each control device; and 

(B)	the pressure drop across each control device.

The owner or operator shall use Method 1 and Method 2 of 40 CFR Part 60
Appendix A to measure flow and static pressure and determine inlet
velocity or the USDA method for determining duct velocity and static
pressure in Agricultural Handbook Number 503, Cotton Ginners Handbook,
dated December 1994.  The Cotton Ginners Handbook method shall only be
used where test holes are located a minimum of eight and one-half pipe
diameters downstream and one and one-half pipe diameters upstream from
elbows, valves, dampers, changes in duct diameter or any other flow
disturbances.  Where Method 2 is used a standard pitot tube may be used
in lieu of the s-pitot specified in Method 2 subject to the conditions
specified in Paragraph 2.1 of Method 2.

(3)	On a monthly basis following the baseline study, the owner or
operator shall measure and record in the logbook the static pressure at
each port where the static pressure was measured in the baseline study.
Measurements shall be made using a manometer, a Magnahelic® gauge, or
other device that the Director has approved as being equivalent to a
manometer.  If the owner or operator measures a change in static
pressure of 20 percent or more from that measured in the baseline study,
the owner or operator shall initiate corrective action.  Corrective
action shall be recorded in the logbook. If corrective action will take
more than 48 hours to complete, the owner or operator shall notify the
regional supervisor of the region in which the ginning operation is
located as soon as possible, but by no later than the end of the day
such static pressure is measured.

(4)	When any design changes to the dust control system are made, the
owner or operator shall conduct a new baseline study for that portion of
the system and shall record the new values in the logbook required in
Paragraph (k) of this Rule.  Thereafter monthly static pressure readings
for that portion of the system shall be compared to the new values.

(5)	During the ginning season, the owner or operator shall daily inspect
for structural integrity of the control devices and other emissions
processing systems and shall ensure that the control devices and
emission processing systems conform to normal and proper operation of
the gin.  If a problem is found, corrective action shall be taken and
recorded in the logbook required in Paragraph (k) of this Rule.

(6)	At the conclusion of the ginning season, the owner or operator shall
conduct an inspection of the facility to identify all scheduled
maintenance activities and repairs needed relating to the maintenance
and proper operation of the air pollution control devices for the next
season.  Any deficiencies identified through the inspection shall be
corrected before beginning operation of the gin for the next season.

(k)  Recordkeeping. The owner operator shall establish and maintain
on-site a logbook documenting the following items:

(1)	Results of the baseline study as specified in Paragraph (j)(2) of
this Rule;

(2)	Results of new baseline studies as specified in Paragraph (j)(4) of
this Rule;

(3)	Results of monthly static pressure checks and any corrective action
taken as specified in Paragraph (j)(3) of this Rule;

(4)	Observations from daily inspections of the facility and any
resulting corrective actions taken as required in Paragraph (j)(5) of
this Rule; and

(5)	A copy of the manufacturer's specifications for each type of control
device installed.

The logbook shall be maintained on site and made available to Division
representatives upon request. 

(l)  Reporting. The owner or operator shall submit by March 1 of each
year a report containing the following:

(1)	the name and location of the cotton gin;

(2)	the number of bales of cotton produced during the previous ginning
season;

(3)	a maintenance and repair schedule based on inspection of the
facility at the conclusion of the previous cotton ginning season
required in Paragraph (j)(6) of this Rule; and

(4)	signature of the appropriate official as identified in 15A NCAC 02Q
.0304(j), certifying as to the truth and accuracy of the report.

(m)  Compliance Schedule.  Existing sources shall comply as specified in
Paragraph (d) of this Rule. New and modified sources shall be in
compliance upon start-up.

(n)  Record retention.  The owner or operator shall retain all records
required to be kept by this Rule for three years from the date of
recording.

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

Eff. August 1, 2002;

Amended Eff. June 1, 2008. 

15A NCAC 02D .0543	Best Available Retrofit Technology

(a)  For the purposes of this Rule, the definitions at 40 CFR 51.301
shall apply.

(b)  Mandatory Class I Federal areas are identified in 40 CFR Part 81,
Subpart D.

(c)  The Director shall have the maximum flexibility allowed under 40
CFR 51.308 or 40 CFR Part 51, Appendix Y.

(d)  This rule applies to BART-eligible sources as determined using 40
CFR Part 51, Appendix Y that cause or contribute to any visibility
impairment in a mandatory Class I Federal area as determined by using 40
CFR Part 51, Subpart P.

(e)  Unless exempted under 40 CFR 51.303, the owner or operator of a
BART-eligible emission unit subject to this Rule shall perform a best
available retrofit technology (BART) evaluation for that emission unit.
Pursuant to 40 CFR 51.308, the evaluation shall include:

(1)	the technology available,

(2)	the cost of compliance,

(3)	the energy and non-air quality environmental impacts of compliance,

(4)	any pollution control equipment in use at source,

(5)	the remaining useful life of the source, and

(6)	the degree of improvement in visibility that may reasonably be
anticipated to result from the use of such technology.

(f)  The owner or operator of a BART-subject emission unit shall
install, operate, and maintain BART as approved by the Director after
considering the six items listed in Paragraph (e) of this Rule and
incorporated in the unit's permit issued under 15A NCAC 02Q.

(g)  The owner or operators of a BART-eligible source required to
install BART under this Rule shall submit permit applications for the
installation and operation of BART by September 1, 2006. The Director
shall extend the deadline for submitting a permit application if
additional time is needed to complete the evaluation required under
Paragraph (e) of this Rule.

(h)  BART shall be determined using "Guidelines for Determining Best
Available Retrofit Technology for Coal-fired Power Plants and Other
Existing Stationary Facilities" (1980), 40 CFR 51.308(e)(1)(ii), and 40
CFR Part 51, Appendix Y. Electric generating units covered under and
complying with 15A NCAC 02D .2400, Clean Air Interstate Rules, are
considered to be in compliance with the BART requirements for nitrogen
oxides and sulfur dioxide under this Rule.

(i)  The owner or operator of a BART-eligible source required to install
BART under this Rule shall have installed and begun operation of the
BART controls by December 31, 2012.

(j)  "Guidelines for Determining Best Available Retrofit Technology for
Coal-fired Power Plants and Other Existing Stationary Facilities" is
incorporated by reference, exclusive of appendix E, and shall include
any later amendments or editions. This document, which was published in
the Federal Register on February(6, 1980 (45 FR 8210), is EPA
publication No. 450/3–80–009b and can be obtained from the U.S.
Department of Commerce, National Technical Information Service, 5285
Port Royal Road, Springfield, Virginia 22161 for eighty four dollars
($84.00).  It is also available for inspection at the National Archives
and Records Administration (NARA). Information on the availability of 

this material at NARA may be found at:   HYPERLINK
"http://www.archives.gov/federal_register/" 
http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.

History Note:	Authority G.S.143-215.3(a)(1); 143-215.107(a)(5),(10);

Eff. September 1, 2006;

Amended Eff. May 1, 2007.

SECTION .0600 - MONITORING: RECORDKEEPING: REPORTING

15A NCAC 02D .0601	PURPOSE AND SCOPE

(a)  The purpose of this Section is to set forth the requirements of the
Commission for monitoring air pollution emissions and filing reports
covering their discharge into the outdoor atmosphere of the state.

(b)  This Section shall apply to all persons subject to the provisions
of this Subchapter or Subchapter 2Q of this Chapter.

(c)  Monitoring, recordkeeping, and reporting may also be required by
other rules including Rule .0524, .0536, .1110, or .1111 of this
Subchapter.

History Note:	Filed as a Temporary Amendment Eff. March 8, 1994 for a
period of 180 days or until the

permanent rule is effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(4);

Eff. February 1, 1976;

Amended Eff. April 1, 1999; July 1, 1996; July 1, 1994; July 1, 1984;
June 18, 1976.

15A NCAC 02D .0602	DEFINITIONS

For the purpose of this Section, the following definitions apply:

(1)	"Applicable requirement" means any rule, standard, or requirement of
this Subchapter, Subchapter 2Q of this Chapter, or Article 21 of the
North Carolina General Statutes.

(2)	"Calender quarter" means:

(a)	the time period from January 1 through March 31;

(b)	the time period from April 1 through June 30;

(c)	the time period from July 1 through September 30; or

(d)	the time period from October 1 through December 31.

(3)	"Capacity factor" means the ratio of the average load on a machine
or equipment for the time period considered to the capacity rating of
the machine or equipment.

(4)	"Distillate oils" means fuel oil, including recycled oil, that
complies with the specifications for fuel oil numbers 1 or 2, as defined
by the American Society for Testing and Materials in ASTM D-396,
"Standard Specification for Fuel Oils".

(5)	"Emission standard" means a rule setting forth an allowable rate of
emissions, level of opacity, or prescribing equipment, fuel
specifications, workplace standards, or material usage that result in
control of air pollution emissions;

(6)	"Excess emissions" means emissions of an air pollutant in excess of
an emission standard.

(7)	"Fossil fuel-fired steam generator" means a furnace or boiler used
in the process of burning fossil fuel for the primary purpose of
producing steam by heat transfer.

(8)	"Nitric acid plant" means any facility producing nitric acid 30 to
70 percent in strength by either the pressure or atmospheric pressure
process.

(9)	"Permit condition" means:

(a)	a condition set to comply with or to avoid any applicable
requirement; or

(b)	a condition set to maintain compliance with toxic air pollutant
acceptable ambient levels or ambient air quality standards.

(10)	"Petroleum refinery" means any facility engaged in producing
gasoline, kerosine, distillate oils, residual oils, lubricants, or other
products through the distillation of petroleum, or through the
redistillation, cracking, or reforming of unfinished petroleum
derivatives.

(11)	"Residual oils" means crude oil, fuel oil that does not comply with
the specifications under the definition of distillate oil, or all fuel
oil numbers 4, 5, and 6, as defined by the American Society for Testing
and Materials in ASTM D-396, "Standard Specification for Fuel Oils".

(12)	"Sulfuric acid plant" means any facility producing sulfuric acid by
the contact process by burning elemental sulfur, alkylation acid,
hydrogen sulfide, or acid sludge, but does not include facilities where
conversion to sulfuric acid is utilized primarily as a means of
preventing emissions to the atmosphere of sulfur dioxide or other sulfur
compounds.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(4);

Eff. February 1, 1976;

Amended Eff. April 1, 1999; July 1, 1984; June 18, 1976.

15A NCAC 02D .0604	EXCEPTIONS TO MONITORING AND REPORTING REQUIREMENTS

(a)  Unless a specific rule specifies otherwise, the owner or operator
of a source shall not be required to monitor during a period of
monitoring system malfunction or report emissions during a period of
monitoring system malfunction if the owner or operator of the source
shows, to the satisfaction of the Director, that the malfunction was
unavoidable, is being repaired as expeditiously as practicable, and no
applicable requirements are violated.  The owner or operator of the
source shall provide the Director documentation of continuous monitoring
system performance when system repairs or adjustments have been made if
the Director requests proof.  Malfunctions of the monitoring system that
result from inadequate or poor operation and maintenance practices shall
not be exempted.

(b)  The owner or operator of a source that operates less than 30 days
per 12-month period shall not be required to monitor emissions from that
source.  However, the owner or operator shall maintain records to
document that the source is operated less than 30 days per 12-month
period.

(c)  The owner or operator of a source exempted from needing a permit by
15A NCAC 2Q .0102 shall not be required to monitor emissions from that
source unless;

(1)	required by a specific rule of this Subchapter or Subchapter 2Q of
this Chapter, or 

(2)	required as a part of an enforcement settlement.

However, the owner or operator shall maintain records to document that
the source qualifies for the permit exemption.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65;
143-215.66;143-215.107(a)(4);

Eff. February 1, 1976;

Amended Eff. April 1, 1999; July 1, 1996; July 1, 1988; July 1, 1984;
June 18, 1976.

15A NCAC 02D .0605	GENERAL RECORDKEEPING AND REPORTING REQUIREMENTS

(a)  The owner or operator of a source subject to a requirement of this
Subchapter or Subchapter 02Q of this Chapter shall maintain:

(1)	records detailing all malfunctions under Rule .0535 of this
Subchapter,

(2)	records of all testing conducted under rules in this Subchapter,

(3)	records of all monitoring conducted under rules in this Subchapter
or Subchapter 02Q of this Chapter, 

(4)	records detailing activities relating to any compliance schedule in
this Subchapter, and

(5)	for unpermitted sources, records necessary to determine compliance
with rules in this Subchapter or Subchapter 02Q of this Chapter .

(b)  The Director shall specify in the source's permit:

(1)	the type of monitoring required and the frequency of the monitoring,

(2)	the type of records to be maintained, and

(3)	the type of reports to be submitted and the frequency of submitting
these reports, as necessary to determine compliance with rules in this
Subchapter or Subchapter 02Q of this Chapter or with an emission
standard or permit condition.

(c)  If the Director has evidence that a source is violating an emission
standard or permit condition, the Director may require that the owner or
operator of any source subject to the requirements of this Subchapter or
Subchapter 02Q of this Chapter submit to the Director any information
necessary to determine the compliance status of the source.

(d)  The owner or operator of a source of excess emissions which last
for more than four hours and which results from a malfunction, a
breakdown of process or control equipment, or any other abnormal
conditions shall report excess emissions in accordance with the
requirements of Rule .0535 of this Subchapter.

(e)  Copies of all records and reports generated in response to the
requirements of this Section shall be retained by the owner or operator
for a period of two years after the date on which the record was made or
the report submitted, except that the Director may extend the retention
period in particular instances when necessary to comply with other State
or federal requirements or when compliance with a particular standard
requires documentation for more than two years.

(f)  All records and reports generated in response to the requirements
of this Section shall be made available to personnel of the Division for
inspection.

(g)  The owner or operator of a source subject to the requirements of
this Section shall comply with the requirements of this Section at his
own cost.

(h)  No person shall falsify any information required by a rule in this
Subchapter or a permit issued under 15A NCAC 02Q. No person shall
knowingly submit any falsified information required by a rule in this
Subchapter or a permit issued under 15A NCAC 02Q.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215-65; 143-215.66;
143-215.1078(a)(4);

Eff. February 1, 1976;

Amended Eff. January 1, 2007; April 1, 1999; July 1, 1984; June 18,
1976.

15A NCAC 02D .0606	SOURCES COVERED BY APPENDIX P OF 40 CFR PART 51

(a)  The following sources shall be monitored as described in Paragraph
2 of Appendix P of 40 CFR Part 51:

(1)	fossil fuel-fired steam generators,

(2)	nitric acid plants,

(3)	sulfuric acid plants, and

(4)	petroleum refineries.

Sources covered by Rule .0524 of this Subchapter are exempt from this
Rule.

(b)  The monitoring systems required under Paragraph (a) of this Rule
shall meet the minimum specifications described in Paragraphs 3.3
through 3.8 of Appendix P of 40 CFR Part 51.

(c)  The excess emissions recorded by the monitoring systems required to
be installed under this Rule shall be reported no later than 30 days
after the end of the quarter to the Division in the manner described in
Paragraphs 4 and 5.1 through 5.3.3 of Appendix P of 40 CFR Part 51
except that a six-minute time period is deemed as an appropriate
alternative opacity averaging period as described in Paragraph 4.2 of
Appendix P of 40 CFR Part 51.  The owner or operators of any sources
subject to this Rule that are required to monitor emissions of sulfur
dioxide or nitrogen oxides under any other state or federal rule with
continuous emission monitoring systems shall monitor compliance with the
sulfur dioxide emission standard in Rule .0516 of this Subchapter and
the nitrogen oxide emission standard in Rule .0519 or Section .1400 of
this Subchapter with a continuous emission monitoring system. Compliance
with sulfur dioxide and nitrogen oxide emission standards are determined
by averaging hourly continuous emission monitoring system values over a
24-hour block period beginning at midnight. To compute the 24-hour block
average, the average hourly values are summed, and the sum is divided by
24. A minimum of four data points, equally spaced, is required to
determine a valid hour value unless the continuous emission monitoring
system is installed to meet the provisions of 40 CFR Part 75. If a
continuous emission monitoring system is installed to meet the
provisions of 40 CFR Part 75, the minimum number of data points are
determined by 40 CFR Part 75.

(d)  For emissions of sulfur dioxide, fuel analysis may be used in place
of a continuous emissions monitoring system if the source is not
required to monitor emissions of sulfur dioxide using a continuous
emissions monitoring system under another state or federal rule. If fuel
analysis is used as an alternative method to determine emissions of
sulfur dioxide, the test methods described in Section .2600 of this
Subchapter shall be used except that gross or composite samples, gross
caloric value, moisture content, and sulfur content shall be determined
per shipment. Alternatively, gross or composite samples, gross caloric
value, moisture content, and sulfur content may be determined sampling
the fuel as fired if the owner or operator demonstrates to the Director
that sampling as fired provides a more accurate estimation of sulfur
dioxide emissions than sampling each shipment. If sulfur dioxide
emissions are determined sampling fuel as fired, then a fuel sample
shall be taken every four hours. These four-hour samples shall be
composited into a daily sample, and the daily sample shall be composited
into a weekly sample. This weekly sample shall be analyzed using the
procedures in Section .2600 of this Subchapter. The sulfur dioxide
emission rate shall also be determined using fuel analysis data. Sulfur
retention credit shall be granted and used for computing sulfur dioxide
emission rates if a source, on a case-by-case basis, quantitatively and
empirically demonstrates the sulfur retention.

(e)  Wherever the language of the referenced portion of Appendix P of 40
CFR Part 51 speaks of the "state" or "state plan", the requirements
described in Appendix P of 40 CFR Part 51 apply to those sources to
which the requirements pertain.

(f)  The owner or operator of the source shall conduct a daily zero and
span check of the continuous opacity monitoring system following the
manufacturer's recommendations and shall comply with the requirements of
Rule .0613 of this Section.

(g)  The owner or operator of the source may request to use a different
procedure or methodology than that required by this Rule if one of the
conditions identified in 40 CFR Part 51, Appendix P, Section 3.9 exists.
The person requesting to use a different procedure or methodology shall
submit the request to the Director along with a description of the
different procedure or methodology proposed to be used, an explanation
of why the procedure or methodology required by this Rule will not work,
and a showing that the proposed procedure or methodology is equivalent
to the procedure or methodology being replaced. The Director shall
approve the use of this procedure or methodology if he finds that one of
the conditions identified in 40 CFR Part 51, Appendix P, Section 3.9
exists, that the procedure or methodology required by this Rule will not
work, and that the proposed procedure or methodology is equivalent to
the procedure or methodology that it will replace.

(h)  The owner or operator of the source shall report to the Director no
later than 30 days following the end of the quarter the following
information:

(1)	for fuel analysis per shipment:

(A)	the quantity and type of fuels burned,

(B)	the BTU value,

(C)	the sulfur content in percent by weight, and

(D)	the calculated sulfur dioxide emission rates expressed in the same
units as the applicable standard.

(2)	for continuous monitoring of emissions:

(A)	the daily calculated sulfur dioxide and nitrogen oxide emission
rates expressed in the same units as the applicable standard for each
day, and

(B)	other information required under Appendix P of 40 CFR Part 51.

(i)  If emission testing for compliance with the sulfur dioxide emission
standard is required, the testing shall be done according to 40 CFR Part
60, Appendix A, Method 6.

(j)  If emission testing for compliance with the nitrogen oxide emission
standard is required, the testing shall be done according to 40 CFR Part
60, Appendix A, Method 7.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(4);

Eff. February 1, 1976;

Amended Eff. June 1, 2008; January 1, 2005; April 1, 2003; April 1,
1999; May 1, 1985; July 1, 1983; December 1, 1976; June 18, 1976.

15A NCAC 02D .0607	LARGE WOOD AND WOOD-FOSSIL FUEL COMBINATION UNITS

(a)  This Rule applies to wood-fired steam generator units with a heat
input from wood fuels (or the sum of the heat inputs from wood fuels and
liquid or solid fossil fuels for generators not covered by Rule .0524 or
.0606 of this Subchapter) that exceeds 250 million BTU per hour and with
an annual average capacity factor greater than 30 percent as
demonstrated to the Director by the owner or operator of the source.

(b)  The owner or operator of a wood-fired steam generator unit covered
under this Rule shall install, calibrate, maintain, and operate, as
specified in 40 CFR Part 60 Appendix B Performance Specification 1,
opacity continuous emission monitoring systems on all stacks discharging
the flue gases from one or more steam generator units covered under this
Rule.

(c)  The owner or operator of the source shall conduct a daily zero and
span check of the opacity continuous emission monitoring system
following the manufacturer's recommendations and shall comply with the
requirements of Rule .0613 of this Section.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. February 1, 1976;

Amended Eff. July 1, 1999; July 1, 1984; June 18, 1976.

15A NCAC 02D .0608	OTHER LARGE COAL OR RESIDUAL OIL BURNERS

(a)  The owner or operator of any fuel burning unit shall determine
sulfur dioxide emissions into the ambient air if the unit:

(1)	burns coal or residual oil;

(2)	is not required to monitor sulfur dioxide emissions by Rules .0524
or .0606 of this Subchapter;

(3)	has a total heat input of more than 250 million BTU per hour from
coal and residual oil; and 

(4)	has an annual average capacity factor greater than 30 percent as
determined from the three most recent calendar year reports to the
Federal Power Commission or as otherwise demonstrated to the Director by
the owner or operator. (If the unit has not been in existence for three
calendar years, its three-calendar-year average capacity factor shall be
determined by estimating its annual capacity factors for enough future
years to allow a three-calendar-year average capacity factor to be
computed. If this three-calendar-year average capacity factor exceeds 30
percent, the unit shall be monitored. If this three-calendar-year
average capacity factor does not exceed 30 percent, the unit need not be
monitored.)

(b)  Once the unit is being monitored in accordance with Paragraph (a)
of this Rule, it shall continue to be monitored until its most recent
three-calendar-year average capacity factor does not exceed 25 percent.
Once the unit is not being monitored in accordance with Subparagraph (a)
of this Rule, it need not be monitored until its most recent
three-calendar-year average capacity factor exceeds 35 percent.

(c)  If units required to be monitored have a common exhaust or if units
required to be monitored have a common exhaust with units not required
to be monitored, then the common exhaust may be monitored, and the
sulfur dioxide emissions need not be apportioned among the units with
the common exhaust.

(d)  The owner or operator of the source shall determine sulfur dioxide
emissions by:

(1)	an instrument for continuous monitoring and recording of sulfur
dioxide emissions, or

(2)	analyses of representative samples of fuels to determine BTU value
and percent sulfur content.

(e)  The owner or operators of any sources subject to this Rule that are
required to monitor emissions of sulfur dioxide under any other state or
federal rule with continuous emission monitoring systems shall monitor
compliance with the sulfur dioxide emission standard in Rule .0516 of
this Subchapter with a continuous emission monitoring system. Compliance
with sulfur dioxide emission standards is determined by averaging hourly
continuous emission monitoring system values over a 24-hour block period
beginning at midnight. To compute the 24-hour block average, the average
hourly values are summed, and the sum is divided by 24. A minimum of
four data points, equally spaced, is required to determine a valid hour
value unless the continuous emission monitoring system is installed to
meet the provisions of 40 CFR Part 75. If a continuous emission
monitoring system is installed to meet the provisions of 40 CFR Part 75,
the minimum number of data points are determined by 40 CFR Part 75.

(f)  For emissions of sulfur dioxide, fuel analysis may be used in place
of a continuous emissions monitoring system if the source is not
required to monitor emissions of sulfur dioxide using a continuous
emissions monitoring system under another state or federal rule. If fuel
analysis is used as an alternative method to determine emissions of
sulfur dioxide, then:

(1)	for coal, the test methods described in Section .2600 of this
Subchapter shall be used except that gross or composite samples, gross
caloric value, moisture content, and sulfur content shall be determined
per shipment. Alternatively, gross or composite samples, gross caloric
value, moisture content, and sulfur content may be determined sampling
the fuel as fired if the owner or operator demonstrates to the Director
that sampling as fired provides a more accurate estimation of sulfur
dioxide emissions than sampling each shipment. If sulfur dioxide
emissions are determined sampling fuel as fired, then a fuel sample
shall be taken every four hours. These four-hour samples shall be
composited into a daily sample, and the daily sample shall be composited
into a weekly sample. This weekly sample shall be analyzed using the
procedures in Section .2600 of this Subchapter. The sulfur dioxide
emission rate shall also be determined using fuel analysis data. Sulfur
retention credit shall be granted and used for computing sulfur dioxide
emission rates if a source, on a case-by-case basis, quantitatively and
empirically demonstrates the sulfur retention.

(2)	for residual oil, the test methods described in Section .2600 of
this Subchapter shall be used except that sulfur content shall be
determined per shipment. Alternatively, gross or composite samples,
gross caloric value, moisture content, and sulfur content may be
determined sampling the fuel as fired if the owner or operator
demonstrates to the Director that sampling as fired provides a more
accurate estimation of sulfur dioxide emissions than sampling each
shipment. If sulfur dioxide emissions are determined sampling fuel as
fired, then a fuel sample shall be taken every four hours. These
four-hour samples shall be composited into a daily sample, and the daily
sample shall be composited into a weekly sample. This weekly sample
shall be analyzed using the procedures in Section .2600 of this
Subchapter. Residual oil shall be collected in accordance with ASTM
D4177 or D4057.

(g)  The owner or operator of the source may request to use a different
procedure or methodology than that required by this Rule if one of the
conditions identified in 40 CFR Part 51, Appendix P, Section 3.9 exists.
 The person requesting to use a different procedure or methodology shall
submit the request to the Director along with a description of the
different procedure or methodology proposed to be used, an explanation
of why the procedure or methodology required by this Rule will not work,
and a showing that the proposed procedure or methodology is equivalent
to the procedure or methodology being replaced.  The Director shall
approve the use of this procedure or methodology if he finds that one of
the conditions identified in 40 CFR Part 51, Appendix P, Section 3.9
exists, that the procedure or methodology required by this Rule will not
work, and that the proposed procedure or methodology is equivalent to
the procedure or methodology that it will replace.

(h)  The owner or operator of the source shall report to the Director no
later than 30 days following the end of the quarter the following
information:

(1)	for fuel analysis per shipment:

(A)	the quantity and type of fuels burned,

(B)	the BTU value,

(C)	the sulfur content in percent by weight, and

(D)	the calculated sulfur dioxide emission rates expressed in the same
units as the applicable standard.

(2)	for continuous monitoring of emissions:

(A)	the daily calculated sulfur dioxide emission rates expressed in the
same units as  the applicable standard for each day, and

(B)	other information required under Appendix P of 40 CFR Part 51.

(i)  The owner or operator of the source shall conduct a daily zero and
span check of the continuous emission monitoring system following the
manufacturer's recommendations and shall comply with the requirements of
Rule .0613 of this Section.

(j)  If emission testing for compliance with the sulfur dioxide emission
standard is required, the testing shall be done according to 40 CFR Part
60, Appendix A, Method 6.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(4);

Eff. June 18, 1976;

Amended Eff. June 1, 2008; January 1, 2005; April 1, 2003; April 1,
1999; July 1, 1996; July 1, 1988; July 1, 1984.

15A NCAC 02D .0610	FEDERAL MONITORING REQUIREMENTS

(a)  The owner or operator of sources subject to monitoring,
recordkeeping, or reporting requirements contained in:

(1)	40 CFR Part 60, New Source Performance Standards (NSPS);

(2)	40 CFR Part 61, National Emission Standards for Hazardous Air
Pollutants (NESHAP);

(3)	40 CFR Part 63, Maximum Achievable Control Technology (MACT); or

(4)	40 CFR Part 75, Acid Rain;

shall comply with these requirements.

(b)  An air pollutant from sources covered under Paragraph (a) of this
Rule for which monitoring is not required under Paragraph (a) of this
Rule shall comply with the requirements covered in Rule .0611 of this
Section if the pollutant from this source is subject to an emission
standard.

(c)  Sources that are not subject to any monitoring, recordkeeping, or
reporting requirements contained in Paragraph (a) of this Rule shall
comply with the requirements contained in Rule .0611 of this Section.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(4); 

Eff. June 18, 1976;

Amended Eff. April 1, 1999; July 1, 1984.

15A NCAC 02D .0611	MONITORING EMISSIONS FROM OTHER SOURCES

(a)  This Rule applies to sources or air pollutants, including toxic air
pollutants, from sources that are not covered under Rule .0606, .0607,
.0608, or .0610(a) of this Section.

(b)  The owner or operator of a source shall maintain records of
production rates, throughputs, material usage, and other process
operational information as is necessary to determine compliance with the
facility's permit and all applicable requirements.  The Director shall
specify in the facility's permit according to Rule .0605 of this Section
the types of records that the owner or operator shall maintain.

(c)  If the Director finds that the records maintained under Paragraph
(b) of this Rule are inadequate to determine compliance with the
facility's permit and all applicable requirements, the Director may
require the owner or operator to use monitoring instruments.  If the
Director determines that monitoring instruments are necessary to
demonstrate compliance with rules in this Subchapter or Subchapter 2Q of
this Chapter or with an emission standard or permit condition, the owner
or operator of a source shall:

(1)	install, calibrate, operate, and maintain, in accordance with
applicable performance specifications in 40 CFR Part 60 Appendix B,
process and control equipment monitoring instruments or procedures as
necessary to demonstrate compliance with the emission standards of this
Subchapter and Subchapter 2Q of this Chapter;

(2)	comply with the requirements of Rule .0613 of this Section; and

(3)	maintain, in writing, data and reports of any monitoring instruments
or procedures necessary to comply with Subparagraph (1) of this
Paragraph that will document the compliance status of the sources or
control equipment.

(d)  If the Director determines that monitoring instruments are
necessary to demonstrate good operation and maintenance, the owner or
operator of a source shall:

(1)	install, calibrate, operate, and maintain, in accordance with
applicable performance specifications in 40 CFR Part 60 Appendix B,
process and control equipment monitoring instruments or procedures as
necessary to demonstrate good operation and maintenance;

(2)	comply with the requirements of Rule .0613 of this Section unless
otherwise specified in any other applicable rule including 40 CFR Part
75 and 40 CFR 60.13.  The Director may find that compliance with the
quality assurance provisions of 40 CFR Part 51, Appendix P, is adequate
to assure the quality of the data; and

(3)	maintain, in writing, data and reports of any monitoring instruments
or procedures necessary to comply with Subparagraph (1) of this
Paragraph that will document that good operation and maintenance is
being achieved.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(4);

Eff.  April 1, 1999.

15A NCAC 02D .0612	ALTERNATIVE MONITORING AND REPORTING PROCEDURES

(a)  With the exceptions in Paragraph (b) of this Rule, the owner or
operator of a source may petition the Director to allow monitoring or
data reporting procedures varying from those prescribed by a rule of
Subchapter 2D or 2Q of this Chapter.  When petitioning for alternative
monitoring or data reporting procedures, the owner or operator shall
follow the procedures of Paragraph (c) of this Rule.

(b)  This Rule does not apply to monitoring or reporting requirements of
40 CFR Part 60, 61, 63, or 75.

(c)  When petitioning to use alternative monitoring or data reporting
procedures in place of those procedures in .0606, .0607, .0608 of this
Section or in Section .0900, .1200, .1400 of this Subchapter, the owner
or operator of the source shall submit a written petition to the
Director that shall include:

(1)	the name and address of the company and the name and telephone
number of a principal executive officer specified in 15A NCAC 2Q
.0304(j) or responsible official specified in 15A NCAC 2Q .0520 over
whose signature the petition is submitted;

(2)	a description of the sources at the facility to which the petition
applies;

(3)	identification of the rule or rules for which the alternative is
sought;

(4)	the basis or reason that alternative monitoring and reporting
procedure is more desirable than those prescribed by the rule;

(5)	a proposal of alternative monitoring and reporting procedure;

(6)	a demonstration that the alternative procedure is at least as
accurate as that prescribed by the rule;

(7)	a showing that one or more of the following conditions exist:

(A)	a continuous monitoring system or other device prescribed by the
rule would not provide accurate determinations of emissions;

(B)	the emissions from two or more sources of significantly different
design and operating characteristics are combined before release to the
atmosphere or the emissions are released to the atmosphere through more
than one point;

(C)	the requirements prescribed by the rule would impose an extreme
economic burden on the source owner or operator (The determination of an
extreme economic burden shall be made on the basis of whether meeting
the requirements prescribed by the rule would produce serious hardship
without equal or greater benefit to the public);

(D)	the monitoring systems prescribed by the rule cannot be installed
because of physical limitations at the facility (The determination of
such limitations shall be made on the basis of whether meeting the
requirements prescribed by this Rule would necessitate significant
reconstruction of the facility); or

(E)	the alternative monitoring or reporting procedure is more accurate
and precise than that prescribed by the rule;

(8)	any other information that the petitioner believes would be helpful
to the Director in evaluating the application.

(d)  The Director may require the petitioner to submit other information
that the Director considers necessary to evaluate the proposed
monitoring or reporting procedures.

(e)  The Director may approve the petition for alternative monitoring
and reporting procedures if:

(1)	The petition is submitted in accordance with this Rule and contains
all the information required by Paragraph (c) of this Rule;

(2)	The Director finds the petition satisfies the showing required by
Subparagraph (c)(7) of this Rule;

(3)	The Director finds that the proposed alternative monitoring or data
reporting procedures provide information of sufficient quality to
determine with reasonable certainty the amount of emissions or the
adequacy of the emission control device or practice such that the
compliance status of the source can be determined by reviewing this
information; and

(4)	The facility is in compliance with, or under a schedule for
compliance with, all applicable air quality rules.

(f)  When monitoring or reporting requirements differ from those
specified in the appropriate rule in this Subchapter or Subchapter 2Q of
this Chapter are approved by the Director, the permit shall contain a
condition stating such monitoring or reporting requirements.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(4);

Eff. April 1, 1999.

15A NCAC 02D .0613	QUALITY ASSURANCE PROGRAM

(a)  Any person required to operate a monitoring device by this
Subchapter or Subchapter 2Q of this Chapter shall develop and implement
a quality assurance program for the monitoring device.

(b)  The Director may require the owner or operator of a facility
required to operate a monitoring device by this Subchapter or Subchapter
2Q of this Chapter to submit a quality assurance program if:

(1)	The maximum actual emission rate is more than 75 percent of the
applicable emission standard;

(2)	The facility has violated an emission standard or a permit
condition; or

(3)	The facility has failed to obtain quality assured data.

The quality assurance program shall be submitted to the Director within
60 days upon receipt of request.

(c)  Except for gaseous continuous emission monitoring systems, the
quality assurance program required by Paragraph (a) or (b) of this Rule
shall include, if applicable:

(1)	procedures and frequencies for calibration,

(2)	standards traceability,

(3)	operational checks,

(4)	maintenance,

(5)	auditing,

(6)	data validation, and

(7)	a schedule for implementing the quality assurance program.

Continuous opacity monitoring systems may satisfy the requirements of
Paragraph (a) of this Rule by complying with 40 CFR Part 51, Appendix M,
Method 203, as proposed in 57 FR 46114. Except for opacity monitors and
gaseous continuous emission monitoring systems, a manufacturer's
recommended quality assurance procedure may be used as a quality
assurance program if it provides an adequate quality assurance program. 

(d)  Owner or operators that operate continuous emission monitoring
systems for a gaseous pollutant may satisfy the requirements of
Paragraphs (a) or (b) of this Rule by developing and implementing a
written quality assurance program containing information required by 40
CFR Part 60, Appendix F, Section 3, Quality Assurance Procedures.

(e)  The owner or operator of a facility shall certify all opacity and
gaseous continuous emission monitoring systems following applicable
performance specifications in 40 CFR Part 60, Appendix B, within 60 days
of monitor installation unless otherwise specified in permit or any
other applicable rules.  The owner or operator of a facility required to
install an opacity or gaseous continuous emission monitoring systems
shall notify the Director at least 60 days before installation unless
otherwise specified in permit or in 40 CFR Part 60, 61, 63, or 75.  The
notification shall include plans or schematic diagrams of the proposed
monitor location.

(f)  Quality assurance programs for ambient monitors shall comply with
the requirements in 40 CFR Part 58.

(g)  A quality assurance program shall be available on-site for
inspection within 30 days of monitor certification. 

(h)  The Director shall approve the quality assurance program within 30
days of submittal if he finds that the quality assurance program will
assure that the precision and accuracy of the data for the pollutants
being measured are within the design limits of the instruments being
used.  If the Director finds that the proposed quality assurance program
does not meet the requirements of this Paragraph he shall notify the
owner or operator of the facility of any deficiencies in the proposed
quality assurance program.  The owner or operator shall have 30 days
after receiving written notification from the Director to correct the
deficiencies.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(4);

Eff. April 1, 1999.

15A NCAC 02D .0614	COMPLIANCE ASSURANCE MONITORING

(a)  General Applicability. With the exception of Paragraph (b) of this
Rule, the requirements of this part shall apply to a pollutant-specific
emissions unit at a facility required to obtain permit under 15A NCAC 2Q
.0500 if the unit satisfies all of the following criteria:

(1)	The unit is subject to an emission limitation or standard for the
applicable regulated air pollutant (or a surrogate thereof), other than
an emission limitation or standard that is exempt under Subparagraph
(b)(1) of this Rule;

(2)	The unit uses a control device to achieve compliance with any such
emission limitation or standard; and

(3)	The unit has potential pre-control device emissions of the
applicable regulated air pollutant that are equal to or greater than 100
tons per year. For purposes of this Subparagraph, "potential pre-control
device emissions" means the same as "potential to emit," as defined in
15A NCAC 2Q .0103, except that emission reductions achieved by the
applicable control device shall not be taken into account.

(b)  Exemptions.

(1)	Exempt emission limitations or standards. The requirements of this
Rule shall not apply to any of the following emission limitations or
standards:

(A)	emission limitations or standards proposed by the Administrator of
the Environmental Protection Agency after November 15, 1990 pursuant to
section 111 or 112 of the federal Clean Air Act;

(B)	stratospheric ozone protection requirements under title VI of the
federal Clean Air Act;

(C)	Acid Rain Program requirements pursuant to sections 404, 405, 406,
407(a), 407(b), or 410 of the federal Clean Air Act;

(D)	emission limitations or standards or other applicable requirements
that apply solely under an emissions trading program approved under the
rules of this Subchapter and Subchapter 15A NCAC 2Q and that are
incorporated in a permit issued under 15A NCAC 2Q .0500;

(E)	an emissions cap that is approved under the rules of this Subchapter
and Subchapter 15A NCAC 2Q and incorporated in a permit issued under 15A
NCAC 2Q .0500;

(F)	emission limitations or standards for which a permit issued under
15A NCAC 2Q .0500 specifies a continuous compliance determination
method, as defined in 40 CFR 64.1. (This exemption shall not apply if
the applicable compliance method includes an assumed control device
emission reduction factor that could be affected by the actual operation
and maintenance of the control device (such as a surface coating line
controlled by an incinerator for which continuous compliance is
determined by calculating emissions on the basis of coating records and
an assumed control device efficiency factor based on an initial
performance test; in this example, this exemption would apply to the
control device and capture system, but not to the remaining elements of
the coating line, such as raw material usage).

(2)	Exemption for backup utility power emissions units. The requirements
of this Rule shall not apply to a utility unit, as defined in 40 CFR
72.2, that is municipally-owned if the owner or operator provides
documentation in a permit application submitted under 15A NCAC 2Q .0500
that:

(A)	The utility unit is exempt from all monitoring requirements in 40
CFR Part 75 (including the appendices thereto);

(B)	The utility unit is operated for the sole purpose of providing
electricity during periods of peak electrical demand or emergency
situations and will be operated consistent with that purpose throughout
the permit term. The owner or operator shall provide historical
operating data and relevant contractual obligations to document that
this criterion is satisfied; and

(C)	The actual emissions from the utility unit, based on the average
annual emissions over the last three calendar years of operation (or
such shorter time period that is available for units with fewer than
three years of operation) are less than 50 tons per year and are
expected to remain so.

(c)  For the purposes of this Rule, the definitions in 40 CFR 64.1 shall
apply with the following exceptions:

(1)	"Applicable requirement" and "regulated air pollutant" shall have
the same definition as in 15A NCAC 2Q .0103.

(2)	"Part 70 or 71 permit application" means an application (including
any supplement to a previously submitted application) submitted by the
owner or operator to obtain a permit under 15A NCAC 2Q .0500.

(3)	"Part 70 or 71 permit" means a permit issued under 15A NCAC 2Q
.0500.

(4)	"Permitting authority" means the Division of Air Quality.

(d)  The owner or operator subject to the requirements of this rule
shall comply with these requirements:

(1)	40 CFR 64.3, Monitoring Design Criteria,

(2)	40 CFR 64.4, Submittal Requirements,

(3)	40 CFR 64.5, Deadlines for Submittals,

(4)	40 CFR 64.7, Operation of Approved Monitoring, and

(5)	40 CFR  64.9, Reporting and Recordkeeping Requirements

(e)  The Division shall follow the procedures and requirements  in 40
CFR Part 64.6, Approval of Monitoring, in reviewing and approving or
disapproving monitoring plans and programs submitted under this Rule.

(f)  Based on the result of a determination made under 40 CFR
64.7(d)(2), the Director may require the owner or operator to develop
and implement a quality improvement plan. If a quality improvement plan
is required, the quality improvement plan shall be developed and
implemented according to the procedures and requirements of 40 CFR 64.8,
Quality Improvement Plan (QIP) Requirements.

(g)  Nothing in this Rule shall:

(1)	excuse the owner or operator of a source from compliance with any
existing emission limitation or standard, or any existing monitoring,
testing, reporting or recordkeeping requirement that may apply under
federal, state, or local law, or any other applicable requirements. The
requirements of this Rule shall not be used to justify the approval of
monitoring less stringent than the monitoring that is required under
another Rule in this Subchapter or Subchapter 15A NCAC 2Q or Title 40 of
the CFR and are not intended to establish minimum requirements for the
purpose of determining the monitoring to be imposed under another Rule
in this Subchapter or Subchapter 15A NCAC 2Q or Title 40 of the CFR. The
purpose of this Rule is to require, as part of the issuance of a permit
under 15A NCAC 2Q .0500, improved or new monitoring at those emissions
units where monitoring requirements do not exist or are inadequate to
meet the requirements of this Rule;

(2)	restrict or abrogate the authority of the Division to impose
additional or more stringent monitoring, recordkeeping, testing, or
reporting requirements on any owner or operator of a source under any
provision of this Subchapter or Subchapter 15A NCAC 2Q or the General
Statutes;

(3)	restrict or abrogate the authority of the Division to take any
enforcement action for any violation of an applicable requirement; or

(4)	restrict the authority of the Administrator of the Environmental
Protection Agency or of any person to take action under Section 304 of
the federal Clean Air Act as stated under 40 CFR 64.10.

History Note:	Authority G.S. 143-215.3(a)(3); 143-215.65; 143-215.66;
143-215.107(a)(4);

Eff. April 1, 1999.

15A NCAC 02D .0615	DELEGATION

The Director may delegate his administrative and approval functions
under this Section to the Deputy Director, regional air quality
supervisor, or any supervisor in the Permitting, Ambient Monitoring, or
Technical Services Section of the Division as he considers appropriate.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4);

Eff. April 1, 1999.

SECTION .0800 - COMPLEX SOURCES

15A NCAC 02D .0801	PURPOSE AND SCOPE

(a)  The purpose of this Section is to set forth requirements of the
Commission relating to construction or modification of a transportation
facility which may result in an ambient air quality standard for carbon
monoxide being exceeded.

(b)  For purposes of this Section any transportation facility that was
under construction or was the subject of a contract for construction
prior to November 15, 1973, shall not be considered a new air pollution
source.

(c)  Approval to construct or modify a transportation facility shall not
relieve any owner or developer of the transportation facility of the
responsibility to comply with the state control strategy and all local
and state regulations which are part of the North Carolina State
Implementation Plan for Air Quality.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.109;

Eff. February 1, 1976;

Amended Eff. December 1, 1976;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until
the permanent rule becomes effective, whichever is sooner;

Amended Eff. February 1, 2005; July 1, 1994; July 1, 1984.

15A NCAC 02D .0802	DEFINITIONS

For the purposes of this Section, the following definitions apply:

(1)	"Construction" means any activity following land clearing or grading
that engages in a program of construction specifically designed for a
transportation facility in preparation for the fabrication, erection, or
installation of the building components which are a part of the
transportation facility, e.g. curbing, footings, conduit, paving, etc.

(2)	"Modify" or "modification" means to alter or change the facility
resulting in an increase in parking capacity as defined in Rule .0805 of
this Section or the number of aircraft operations from an airport as
defined in Rule .0804 of this Section.

(3)	"Peak-hour aircraft operation" means the hour during the calendar
year when the maximum number of aircraft operations (one operation
equals one takeoff or one landing) occur.

(4)	"Owner or developer" means any person who owns, leases, develops, or
controls a transportation facility.

(5)	"Transportation facility" means a complex source as defined in G.S.
143-213(22) which is subject to the requirements of this Section.

History Note:	Filed as a Temporary Amendment Eff. March 8, 1994 for a
period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.109;

Eff. February 1, 1976;

Amended Eff. July 1, 1994; July 1, 1984.

15A NCAC 02D .0804	AIRPORT FACILITIES

(a)  This Rule does not apply to military airfields.

(b)  Before constructing or modifying any airport facility designed to
have at least 100,000 annual aircraft operations, or at least 45
peak-hour aircraft operations (one operation equals one takeoff or one
landing), the owner or developer of the airport facility shall apply for
and have received a permit as described in 15A NCAC 2Q .0600, and shall
comply with all terms and conditions therein.

History Note:	Filed as a Temporary Amendment Eff. March 8, 1994 for a
period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.109;

Eff. February 1, 1976;

Amended Eff. July 1, 1996; July 1, 1994; July 1, 1984.

15A NCAC 02D .0805	PARKING FACILITIES

(a)  The owner or developer of a transportation facility shall not
construct or modify a parking area or associated buildings until he has
applied for and received a permit under 15A NCAC 2Q .0600 where the
parking area is for:

(1)	construction of a new or expansion of an existing parking lot or
combination of parking lots resulting in a parking capacity of at least
1500 spaces or a potential open parking area of at least 450,000 square
feet (1500 spaces at 300 square feet per stall);

(2)	modification of an existing parking lot or combination of parking
lots with a parking capacity of at least 1500 spaces that will be
expanded by at least 500 spaces beyond the last permitted number of
spaces;

(3)	construction of a new or expansion of an existing parking deck or
garage resulting in a parking capacity of at least 750 spaces or a
potential parking area of at least 225,000 square feet (750 spaces at
300 square feet per stall);

(4)	modification of an existing parking deck or garage with a parking
capacity of at least 750 spaces that will be expanded by at least 250
spaces beyond the last permitted number of spaces;

(5)	construction of a new or expansion of an existing combination of
parking lots, decks, and garages resulting in a parking capacity of at
least 1000 spaces or a potential parking area of at least 300,000 square
feet; or

(6)	modification of an existing combination of parking lots, decks, and
garages with a parking capacity of at least 1000 spaces that will be
expanded by at least 500 spaces beyond the last permitted number of
spaces.

(b)  New or modified parking lots, decks, or garages with a parking
capacity of 500 or more spaces and existing or proposed parking
facilities that:

(1)	are directly adjacent to each other and the combined parking
capacities are greater than those defined in Paragraph (a) of this Rule,
and

(2)	use the same public roads or traffic network, shall be considered
one lot or deck.  Transportation facilities shall be considered to be
directly adjacent if they are within 100 meters of each other in a
suburban or rural area or 50 meters of each other in an urban area and
if there are no existing physical barriers, such as, buildings or
terrain.

(c)  Temporary barriers shall not be used to reduce the capacity of an
otherwise affected transportation facility to less than the amount which
requires permitting.  The design and plan shall clearly show the total
parking capacity.

(d)  Phased construction shall be evaluated and permitted for a period
not to exceed five years from the date of application.

History Note:	Filed as a Temporary Rule Eff. March 8, 1994 for a period
of 180 days or until the permanent rule

becomes effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.109;

Eff. July 1, 1994;

Amended Eff. July 1, 1996.

15A NCAC 02D .0806	AMBIENT MONITORING AND MODELING ANALYSIS

(a)  The Director may require the owner or developer of a transportation
facility subject to the requirements of this Section to conduct ambient
air quality monitoring if dispersion modeling, traffic analysis, or
other ambient air quality monitoring data indicates that there is a
potential for the ambient air quality standard for carbon monoxide to be
exceeded. If ambient air quality monitoring is required, the permit
shall specify the duration of such monitoring.

(b)  The Director may require the owner or developer of a transportation
facility subject to the requirements of this Section to perform
dispersion modeling analyses to predict the impact of proposed
construction or modification of a transportation facility on ambient air
quality if ambient air quality monitoring, traffic analysis, or other
dispersion modeling analysis indicates that there is a potential for the
ambient air quality standard for carbon monoxide to be exceeded.

History Note:	Filed as a Temporary Adoption Eff. March 8, 1994 for a
period of 180 days or until the permanent

rule becomes effective whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.66; 143-215.109;

Eff. July 1, 1994.

SECTION .0900 - VOLATILE ORGANIC COMPOUNDS

15A NCAC 02D .0901	DEFINITIONS

For the purpose of this Section, the following definitions apply:

(1)	"Coating" means a functional, protective, or decorative film applied
in a thin layer to a surface.

(2)	"Coating applicator" means an apparatus used to apply a surface
coating.

(3)	"Coating line" means one or more apparatus or operations in a single
line wherein a surface coating is applied, dried, or cured and which
include a coating applicator and flashoff area and may include an oven
or associated control devices.

(4)	"Continuous vapor control system" means a vapor control system which
treats vapors displaced from tanks during filling on a demand basis
without intermediate accumulation.

(5)	"Delivered to the applicator" means the condition of coating after
dilution by the user just before application to the substrate.

(6)	"Flashoff area" means the space between the application area and the
oven.

(7)	"High solids coating" means a coating which contains a higher
percentage of solids and a lower percentage of volatile organic
compounds and water than conventional organic solvent borne coatings.

(8)	"Hydrocarbon" means any organic compound of carbon and hydrogen
only.

(9)	"Incinerator" means a combustion apparatus designed for high
temperature operation in which solid, semisolid, liquid, or gaseous
combustible wastes are ignited and burned efficiently and from which the
solid and gaseous residues contain little or no combustible material.

(10)	"Intermittent vapor control system" means a vapor control system
which employs an intermediate vapor holder to accumulate vapors
displaced from tanks during filling.  The control device treats the
accumulated vapors only during automatically controlled cycles.

(11)	"Loading rack" means an aggregation or combination of loading
equipment arranged so that all loading outlets in the combination can be
connected to a tank truck or trailer parked in a specified loading
space.

(12)	"Low solvent coating" means a coating which contains a
substantially lower amount of volatile organic compound than
conventional organic solvent borne coatings; it usually falls into one
of three major groups of high solids, waterborne, or powder coatings.

(13)	"Organic material" means a chemical compound of carbon excluding
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or
carbonates, and ammonium carbonate.

(14)	"Oven" means a chamber within which heat is used to bake, cure,
polymerize, or dry a surface coating.

(15)	"Potential emissions" means the quantity of a pollutant which would
be emitted at the maximum capacity of a stationary source to emit the
pollutant under its physical and operational design.  Any physical or
operational limitation on the capacity of the source to emit a
pollutant, including air pollution control equipment and restrictions on
hours of operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design if the
limitation or the effect it would have on emissions is described or
contained as a condition in the federally enforceable permit. 
Secondary emissions do not count in determining potential emissions of a
stationary source.  Fugitive emissions count, to the extent
quantifiable, in determining the potential emissions only in these
cases:

(a)	petroleum refineries;

(b)	chemical process plants; and

(c)	petroleum storage and transfer units with a total storage capacity
exceeding 300,000 barrels.

(16)	"Prime coat" means the first film of coating applied to a surface
to protect it or to prepare it to receive subsequent coatings.

(17)	"Reasonably available control technology" (also denoted as RACT)
means the lowest emission limit which a particular source is capable of
meeting by the application of control technology that is reasonably
available considering technological and economic feasibility.  It may
require technology which has been applied to similar, but not
necessarily identical, source categories.

(18)	"Reid vapor pressure" means the absolute vapor pressure of volatile
crude oil and volatile nonviscous petroleum liquids except liquefied
petroleum gases as determined by American Society for Testing and
Materials, Part 17, 1973, D-323-72 (reapproved 1977).

(19)	"Shutdown" means the cessation of operation of a source or a part
thereof or emission control equipment.

(20)	"Solvent" means organic materials which are liquid at standard
conditions and which are used as dissolvers, viscosity reducers, or
cleaning agents.

(21)	"Standard conditions" means a temperature of 68 degrees Fahrenheit
and pressure of 29.92 inches of mercury.

(22)	"Startup" means the setting in operation of a source or emission
control equipment.

(23)	"Substrate" means the surface to which a coating is applied.

(24)	"Topcoat" means the final films of coating applied in a multiple or
single coat operation.

(25)	"True vapor pressure" means the equilibrium partial pressure
exerted by a petroleum liquid as determined in accordance with methods
described in American Petroleum Institute Bulletin 2517, "Evaporation
Loss from Floating Roof Tanks," 1962.

(26)	"Vapor collection system" means a vapor transport system which uses
direct displacement by the liquid loaded to force vapors from the tank
into a vapor control system.

(27)	"Vapor control system" means a system which prevents release to the
atmosphere of at least 90 percent by weight of organic compounds in the
vapors displaced from a tank during the transfer of gasoline.

(28)	"Volatile organic compound" (also denoted as VOC) means any
compound of carbon whose volatile content can be determined by the
procedure described in Section .2600 of this Subchapter excluding any
compound that is listed under 40 CFR 51.100(s) as having been determined
to have negligible photochemical reactivity.

History Note:	Authority G.S. 143-215.3(a)(1);

Eff. July 1, 1979;

Amended Eff. June 1, 2008; July 1, 1996; December 1, 1993; July 1, 1991;
March 1, 1991; December 1, 1989.

15A NCAC 02D .0902	APPLICABILITY

(a)  The rules in this Section do not apply except as specifically set
out in this Rule.

(b)  Regardless of any other statement of applicability of this Section,
this Section does not apply to:

(1)	sources whose emissions of volatile organic compounds are not more
than 15 pounds per day, except that this Section does apply to the
manufacture and use of cutback asphalt and to gasoline service stations
or gasoline dispensing facilities regardless of levels of emissions of
volatile organic compounds;

(2)	sources whose emissions do not exceed 800 pounds of volatile organic
compounds per calendar month and that are: 

(A)	bench-scale, on-site equipment used exclusively for chemical or
physical analysis for quality control purposes, staff instruction, water
or wastewater analyses, or non-production environmental compliance
assessments;

(B)	bench-scale experimentation, chemical or physical analyses, training
or instruction from not-for-profit, non-production educational
laboratories;

(C)	bench-scale experimentation, chemical or physical analyses, training
or instruction from hospitals or health laboratories pursuant to the
determination or diagnoses of illness; or

(D)	research and development laboratory activities provided the activity
produces no commercial product or feedstock material; or

(3)	emissions of volatile organic compounds during startup or shutdown
operations from sources which use incineration or other types of
combustion to control emissions of volatile organic compounds whenever
the off-gas contains an explosive mixture during the startup or shutdown
operation if the exemption is approved by the Director as meeting the
requirements of this Subparagraph.

(c)  The following rules of this Section apply statewide:

(1)	.0925, Petroleum Liquid Storage in Fixed Roof Tanks, for fixed roof
tanks at gasoline bulk plants and gasoline bulk terminals;

(2)	.0926, Bulk Gasoline Plants;

(3)	.0927, Bulk Gasoline Terminals;

(4)	.0928, Gasoline Service Stations Stage I;

(5)	.0932, Gasoline Truck Tanks and Vapor Collection Systems;

(6)	.0933, Petroleum Liquid Storage in External Floating Roof Tanks, for
external floating roof tanks at bulk gasoline plants and bulk gasoline
terminals;

(7)	.0948, VOC Emissions from Transfer Operations;

(8)	.0949, Storage of Miscellaneous Volatile Organic Compounds; and

(9)	.0958, Work Practices for Sources of Volatile Organic Compounds.

(d)  Rule .0953, Vapor Return Piping for Stage II Vapor Recovery, of
this Section applies in Davidson, Durham, Forsyth, Guilford, Wake,
Dutchville Township in Granville County, and that part of Davie County
bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway
801, Fulton Creek and back to Yadkin River in accordance with provisions
set out in that Rule.

(e)  All sources located in Mecklenburg County that were required to
comply with any of the Rules in Subparagraphs (e)(1) or (2) of this Rule
before July 5, 1995 shall continue to comply with these Rules:

(1)	.0917 through .0937 of this Section, or

(2)	.0943 through .0945 of this Section.

(f)  The Rules in this Section apply to facilities with the potential to
emit 100 tons or more volatile organic compounds per year in the
following areas:

(1)	Cabarrus County

(2)	Gaston County

(3)	Lincoln County

(4)	Mecklenburg County

(5)	Rowan County

(6)	Union County

(7)	Davidson Township and Coddle Creek Township in Iredell County 

(g)  If a violation of the ambient air quality standard for ozone is
measured in accordance with 40 CFR 50.9 in Davidson, Forsyth, or
Guilford County or that part of Davie County bounded by the Yadkin
River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and
back to Yadkin River, the Director shall initiate analysis to determine
the control measures needed to attain and maintain the ambient air
quality standard for ozone.  By the following May 1, the Director shall
implement the specific stationary source control measures contained in
this Section that are required as part of the control strategy necessary
to bring the area into compliance and to maintain compliance with the
ambient air quality standard for ozone. The Director shall implement the
rules in this Section identified as being necessary by the analysis by
notice in the North Carolina Register.  The notice shall identify the
rules that are to be implemented and shall identify whether the rules
implemented are to apply in Davidson, Forsyth, or Guilford County or
that part of Davie County bounded by the Yadkin River, Dutchmans Creek,
North Carolina Highway 801, Fulton Creek and back to Yadkin River or any
combination thereof.  At least one week before the scheduled publication
date of the North Carolina Register containing the Director's notice
implementing rules in this Section, the Director shall send written
notification to all permitted facilities within the county in which the
rules are being implemented that are or may be subject to the
requirements of this Section informing them that they are or may be
subject to the requirements of this Section.  (For Forsyth County,
"Director" means for the purpose of notifying permitted facilities in
Forsyth County, the Director of the Forsyth County local air pollution
control program.)  Compliance shall be in accordance with Rule .0909 of
this Section.

(h)  If a violation of the ambient air quality standard for ozone is
measured in accordance with 40 CFR 50.9 in Durham or Wake County or
Dutchville Township in Granville County, the Director shall initiate
analysis to determine the control measures needed to attain and maintain
the ambient air quality standard for ozone.  By the following May 1, the
Director shall implement the specific stationary source control measures
contained in this Section that are required as part of the control
strategy necessary to bring the area into compliance and to maintain
compliance with the ambient air quality standard for ozone.  The
Director shall implement the rules in this Section identified as being
necessary by the analysis by notice in the North Carolina Register.  The
notice shall identify the rules that are to be implemented and shall
identify whether the rules implemented are to apply in Durham or Wake
County or Dutchville Township in Granville County or any combination
thereof.  At least one week before the scheduled publication date of the
North Carolina Register containing the Director's notice implementing
rules in this Section, the Director shall send written notification to
all permitted facilities within the county in which the rules are being
implemented that are or may be subject to the requirements of this
Section informing them that they are or may be subject to the
requirements of this Section.  Compliance shall be in accordance with
Rule .0909 of this Section.

(i)  If EPA reclassifies the Charlotte-Gastonia-Rock Hill ozone
nonattainment area as serious for ozone under Section 182 of the federal
Clean Air Act, the rules in this Section shall apply to facilities in
Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and
Davidson and Coddle Creek townships in Iredell County with the potential
to emit at least 50 tons but less than 100 tons of volatile organic
compounds per year. Within 60 days of the reclassification, the Director
shall notice the applicability of these Rules to these facilities in the
North Carolina Register and shall send written notification to all
permitted facilities within the counties in which the rules are being
implemented that are or may be subject to the requirements of this
Section informing them that they are or may be subject to the
requirements of this Section. (For Mecklenburg County, "Director" means
for the purpose of notifying permitted facilities in Mecklenburg County,
the Director of the Mecklenburg County local air pollution control
program.)  Compliance shall be according to Rule .0909 of this Section.

(j)  Sources whose emissions of volatile organic compounds are not
subject to limitation under this Section may still be subject to
emission limits on volatile organic compounds in Rules .0524, .1110, or
.1111 of this Subchapter.

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

Eff. July 1, 1979;

Amended Eff. July 1, 2007; March 1, 2007; August 1, 2004; July 1, 2000;
April 1, 1997; July 1, 1996; July 1, 1995; May 1, 1995; July 1, 1994.

15A NCAC 02D .0903	RECORDKEEPING: REPORTING: MONITORING

(a)  The owner or operator of any volatile organic compound emission
source or control equipment shall:

(1)	install, operate, and maintain process and control equipment
monitoring instruments or procedures as necessary to comply with the
requirements of this Section; and

(2)	maintain, in writing, data and reports relating to monitoring
instruments or procedures which will, upon review, document the
compliance status of the volatile organic compound emission source or
control  equipment; such data and reports shall, as a minimum, be
maintained daily.

(b)  The owner or operator of any volatile organic compound emission
source or control equipment subject to the requirements of this Section
shall comply with the monitoring, recordkeeping, and reporting
requirements in Section .0600 of this Subchapter.

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

Eff. July 1, 1979;

Amended Eff. April 1, 1999; July 1, 1993; July 1, 1991; December 1,
1989; January 1, 1985.

15A NCAC 02D .0906	CIRCUMVENTION

(a)  An owner or operator subject to this Section shall not build,
erect, install, or use any article, machine, equipment, process, or
method, the use of which conceals an emission which would otherwise
constitute a violation of an applicable regulation.

(b)  Paragraph (a) of this Regulation includes, but is not limited to,
the use of gaseous dilutants to achieve compliance and the piecemeal
carrying out of an operation to avoid coverage by a regulation that
applies only to operations larger than a specified size.

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

Eff. July 1, 1979;

Amended Eff. January 1, 1985.

15A NCAC 02D .0909	COMPLIANCE SCHEDULES FOR SOURCES IN NONATTAINMENT
AREAS

(a)  Applicability. With the exceptions in Paragraph (b) of this Rule,
this Rule applies to all sources covered by Paragraph (f), (g), (h), or
(i) of Rule .0902 of this Section.

(b)  Exceptions. This Rule does not apply to:

(1)	sources in Mecklenburg County required to comply with the
requirements of this Section under Rule .0902(e) of this Section;

(2)	sources covered under Rule .0953 or .0954 of this Section; or

(3)	sources required to comply with the requirements of this Section
under Rule .0902(c) of this Section.

(c)  Maintenance area and Charlotte ozone nonattainment area contingency
plan.  The owner or operator of any source subject to this Rule because
of the application of Paragraph (g), (h), or (i) of Rule .0902 of this
Section shall adhere to the following increments of progress and
schedules:

(1)	if compliance is to be achieved by installing emission control
equipment, replacing process equipment, or modifying existing process
equipment:

(A)	The owner or operator shall submit a permit application and a
compliance schedule 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;

(B)	The compliance schedule shall contain the following increments of
progress:

(i)	a date by which contracts for the emission control system and
process equipment shall be awarded or orders shall be issued for
purchase of component parts;

(ii)	a date by which on-site construction or installation of the
emission control and process equipment shall begin; and

(iii)	a date by which on-site construction or installation of the
emission control and process equipment shall be completed;

(C)	Final compliance shall be achieved within three years 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)	if compliance is to be achieved by using low solvent content coating
technology:

(A)	The owner or operator shall submit a permit application and a
compliance schedule 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;

(B)	The compliance schedule shall contain the following increments:

(i)	a date by which research and development of low solvent content
coating shall be completed if the Director determines that low solvent
content coating technology has not been sufficiently researched and
developed;

(ii)	a date by which evaluation of product quality and commercial
acceptance shall be completed;

(iii)	a date by which purchase orders shall be issued for low solvent
content coatings and process modifications;

(iv)	a date by which process modifications shall be initiated; and

(v)	a date by which process modifications shall be completed and use of
low solvent content coatings shall begin;

(C)	Final compliance shall be achieved within three years 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.

(3)	The owner or operator shall certify to the Director within five days
after each increment deadline of progress in this Paragraph, whether the
required increment of progress has been met.

(d)  Nonattainment areas. The owner or operator of any source subject to
this Rule because of the application of Paragraphs (f) of Rule .0902 of
this Section shall adhere to the following increments of progress and
schedules:

(1)	if compliance is to be achieved by installing emission control
equipment, replacing process equipment, or modifying existing process
equipment:

(A)	The owner or operator shall submit a permit application and a
compliance schedule by August 1, 2007;

(B)	The compliance schedule shall contain the following increments of
progress:

(i)	a date by which contracts for the emission control system and
process equipment shall be awarded or orders shall be issued for
purchase of component parts;

(ii)	a date by which on-site construction or installation of the
emission control and process equipment shall begin; and

(iii)	a date by which on-site construction or installation of the
emission control and process equipment shall be completed.

(C)	Final compliance shall be achieved no later than April 1, 2009.

(2)	if compliance is to be achieved by using low solvent content coating
technology:

(A)	The owner or operator shall submit a permit application and a
compliance schedule by August 1, 2007;

(B)	The compliance schedule shall contain the following increments:

(i)	a date by which research and development of low solvent content
coating shall be completed if the Director determines that low solvent
content coating technology has not been sufficiently researched and
developed;

(ii)	a date by which evaluation of product quality and commercial
acceptance shall be completed;

(iii)	a date by which purchase orders shall be issued for low solvent
content coatings and process modifications;

(iv)	a date by which process modifications shall be initiated; and

(v)	a date by which process modifications shall be completed and use of
low solvent content coatings shall begin.

(C)	Final compliance shall be achieved no later than April 1, 2009.

(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) 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) 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) of Rule .0902 shall
comply with all applicable rules in this Section upon start-up of the
source.

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

Eff. July 1, 1979;

Amended Eff. July 1, 2007; March 1, 2007; July 1, 2000; April 1, 1997;
July 1, 1995; July 1, 1994; July 1, 1988; January 1, 1985.

15A NCAC 02D .0912	GENERAL PROVISIONS ON TEST METHODS AND PROCEDURES

(a)  The owner or operator of any volatile organic compound source
required to comply with rules in this Section shall demonstrate
compliance by the methods described in Section .2600 of this Subchapter.
 The owner or operator of a volatile organic compound source shall
demonstrate compliance when the Director requests such demonstration.

(b)  If the volatile organic compound emissions test shows
noncompliance, the owner or operator of the volatile organic source
shall submit along with the final test report proposed corrective
action.

(c)  Compliance shall be determined on a line-by-line basis using the
more stringent of the following two:

(1)	Compliance shall be determined on a daily basis for each coating
line using a weighted average, that is, dividing the sum of the mass
(pounds) of volatile organic compounds in coatings consumed on that
coating line, as received, and the mass (pounds) of volatile organic
compound solvents added to the coatings on that coating line by the
volume (gallons) of coating solids consumed during that day on that
coating line; or

(2)	Compliance shall be determined as follows:

(A)	When low solvent or high solids coatings are used to reduce
emissions of volatile organic compounds, compliance shall be determined
instantaneously.

(B)	When add on control devices, e.g., solvent recovery systems or
incinerators, are used to reduce emissions of volatile organic
compounds, compliance shall be determined by averaging emissions over a
one-hour period.

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

Eff. July 1, 1979;

Amended Eff. June 1, 2008; April 1, 2003; July 1, 1993; July 1, 1991;
March 1, 1991; December 1, 1989; January 1, 1985; July 1, 1980.

15A NCAC 02D .0917	AUTOMOBILE AND LIGHT-DUTY TRUCK MANUFACTURING

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Application area" means the area where the coating is applied by
dipping or spraying.

(2)	"Manufacturing plant" means a facility where auto body parts are
manufactured or finished for eventual inclusion into a finished product
ready for sale to vehicle dealers.  Customizers, body shops and other
repainters are not part of this definition.

(3)	"Automobile" means all passenger cars or passenger car derivatives
capable of seating 12 or fewer passengers.

(4)	"Light-duty trucks" means any motor vehicles rated at 8,500 pounds
gross weight or less which are designed primarily for purpose of
transportation or are derivatives of such vehicles except automobiles.

(b)  This Rule applies to the application area(s), flashoff area(s), and
oven(s), of automotive and light-duty truck manufacturing plants
involved in prime, topcoat and final repair coating operations.

(c)  With the exception stated in Paragraph (d) of this Rule, emissions
of volatile organic compounds from any automotive or light-duty truck
manufacturing plant coating line subject to this Rule shall not exceed:

(1)	1.4 pounds of volatile organic compounds per gallon of solids
delivered to the applicator from prime application, flashoff area, and
oven operations;

(2)	4.5 pounds of volatile organic compounds per gallon of solids
delivered to the applicator from topcoat and surface application,
flashoff area, and oven operation;

(3)	13.8 pounds of volatile organic compounds per gallon of solids
delivered to the applicator from final repair application, flashoff
area, and oven operation.

(d)  Any source which has chosen to control emissions of volatile
organic compounds under Rule .0518(e) of this Subchapter and which has
installed air pollution control equipment in accordance with an air
quality permit in order to comply with this Rule before December 1,
1989, may comply with the limits contained in this Paragraph instead of
those contained in Paragraph (c) of this Rule. Emissions of volatile
organic compounds from any automotive or light-duty truck manufacturing
plant coating line subject to this Rule shall not exceed:

(1)	1.2 pounds of volatile organic compounds per gallon of coating,
excluding water and exempt compounds, delivered to the applicator from
prime application, flashoff area, and oven operations;

(2)	2.8 pounds of volatile organic compounds per gallon of coating,
daily weighted average, excluding water and exempt compounds, delivered
to the applicator from topcoat and surface application, flashoff area,
and oven operation;

(3)	4.8 pounds of volatile organic compounds per gallon of coating,
excluding water and exempt compounds, delivered to the applicator from
final repair application, flashoff area, and oven operation.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989; April 1,
1986; January 1, 1985.

15A NCAC 02D .0918	CAN COATING

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"End sealing compound" means a synthetic rubber compound which is
coated onto can ends and which functions as a gasket when the end is
assembled on the can.

(2)	"Exterior base coating" means a coating applied to the exterior of a
can to provide exterior protection to the metal and to provide
background for the lithographic or printing operation.

(3)	"Interior base coating" means a coating applied by roller coater or
spray to the interior of a can to provide a protective lining between
the can metal and product.

(4)	"Interior body spray" means a coating sprayed on the interior of the
can body to provide a protective film between the product and the can.

(5)	"Overvarnish" means a coating applied directly over ink to reduce
the coefficient of friction, to provide gloss, and to protect the finish
against abrasion and corrosion.

(6)	"Three-piece can side-seam spray" means a coating sprayed on the
exterior and interior of a welded, cemented, or soldered seam to protect
the exposed metal.

(7)	"Two-piece can exterior end coating" means a coating applied by
roller coating or spraying to the exterior end of a can to provide
protection to the metal.

(b)  This Rule applies to coating applicator(s) and oven(s) of sheet,
can, or end coating lines involved in sheet basecoat (exterior and
interior) and overvarnish; two-piece can interior body spray; two-piece
can exterior end (spray or roll coat); three-piece can side-seam spray
and end sealing compound operations.

(c)  With the exception stated in Paragraph (d) of this Rule, emissions
of volatile organic compounds from any can coating line subject to this
Rule shall not exceed:

(1)	4.5 pounds of volatile organic compounds per gallon of solids
delivered to the coating applicator from sheet basecoat (exterior and
interior) and overvarnish or two-piece can exterior (basecoat and
overvarnish) operations;

(2)	9.8 pounds of volatile organic compounds per gallon of solids
delivered to the coating applicator from two and three-piece can
interior body spray and two-piece can exterior end (spray or roll coat)
operations;

(3)	21.8 pounds of volatile organic compounds per gallon of solids
delivered to the coating applicator from a three-piece applicator from a
three-piece can side-seam spray operations;

(4)	7.4 pounds of volatile organic compounds per gallon of solids
delivered to the coating applicator from end sealing compound
operations.

(d)  Any source which has chosen to control emissions of volatile
organic compounds under Rule .0518(e) of this Subchapter and which has
installed air pollution control equipment in accordance with an air
quality permit in order to comply with this Rule before December 1,
1989, may comply with the limits contained in this Paragraph instead of
those contained in Paragraph (c) of this Rule.  Emissions of volatile
organic compounds from any can coating line subject to this Rule shall
not exceed:

(1)	2.8 pounds of volatile organic compounds per gallon of coating,
excluding water and exempt compounds, delivered to the coating
applicator from sheet basecoat (exterior and interior) and overvarnish
or two-piece can exterior (basecoat and overvarnish) operations;

(2)	4.2 pounds of volatile organic compounds per gallon of coating,
excluding water and exempt compounds, delivered to the coating
applicator from two and three-piece can interior body spray and
two-piece can exterior end (spray or roll coat) operations;

(3)	5.5 pounds of volatile organic compounds per gallon of coating,
excluding water and exempt compounds, delivered to the coating
applicator from a three-piece applicator from a three-piece can
side-seam spray operations;

(4)	3.7 pounds of volatile organic compounds per gallon of coating,
excluding water and exempt compounds, delivered to the coating
applicator from end sealing compound operations.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989; January 1,
1985.

15A NCAC 02D .0919	COIL COATING

(a)  For the purpose of this Rule, the following  definitions apply:

(1)	"Coil coating" means the coating of any flat metal sheet or strip
that comes in rolls or coils.

(2)	"Quench area" means a chamber where the hot metal exiting the oven
is cooled by either a spray of water or a blast of air followed by water
cooling.

(b)  This Rule applies to the coating applicator(s), oven(s), and quench
area(s) of coil coating lines involved in prime and top coat or single
coat operations.

(c)  With the exception stated in Paragraph (d) of this Rule, emissions
of volatile organic compounds from any coil coating line subject to this
Rule shall not exceed 4.0 pounds of volatile organic compounds per
gallon of solids delivered to the coating applicator from prime and
topcoat or single coat operations.

(d)  Any source which has chosen to control emissions of volatile
organic compounds under Rule .0518(e) of this Subchapter and which has
installed air pollution control equipment in accordance with an air
quality permit in order to comply with this Rule before December 1,
1989, may comply with the limits contained in this Paragraph instead of
those contained in Paragraph (c) of this Rule.  Emissions of volatile
organic compounds from any coil coating line subject to this Rule shall
not exceed 2.6 pounds of volatile organic compounds per gallon of
coating, excluding water and exempt compounds, delivered to the coating
applicator from prime and topcoat or single coat operations.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989; January 1,
1985.

15A NCAC 02D .0920	PAPER COATING

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Knife coating" means the application of a coating material to a
substrate by means of drawing the substrate beneath a knife that spreads
the coating evenly over the full width of the substrate.

(2)	"Paper coating" means decorative, protective, or functional coatings
put on paper and pressure sensitive tapes regardless of substrate.  The
coatings shall be distributed uniformly across the web.  Related web
coating processes on plastic film and decorative coatings on metal foil
are included in this definition.   Saturation operations are included in
this definition.

(3)	"Roll coating" means the application of a coating material to a
substrate by means of hard rubber or steel rolls.

(4)	"Rotogravure coating" means the application of a coating material to
a substrate by means of a roll coating technique in which the substance
to be applied is temporarily retained in etchings on the coating roll. 
The coating material is picked up in these recessed areas and is
transferred to the substrate.

(b)  This Rule applies to roll, knife or rotogravure coater(s) and
drying oven(s) of paper coating lines.

(c)  With the exception stated in Paragraph (d) of this Rule, emissions
of volatile organic compounds from any paper coating line subject to
this Rule shall not exceed 4.8 pounds of volatile organic compounds per
gallon of solids delivered to the coating applicator from a paper
coating line.

(d)  Any source which has chosen to control emissions of volatile
organic compounds under Rule .0518 (e) of this Subchapter and which has
installed air pollution control equipment in accordance with an air
quality permit in order to comply with this Rule before December 1,
1989, may comply with the limits contained in this Paragraph instead of
those contained in Paragraph (c) of this Rule.  Emissions of volatile
organic compounds from any paper coating line subject to this Rule shall
not exceed 2.9 pounds of volatile organic compounds per gallon of
coating, excluding water and exempt compounds, delivered to the coating
applicator from a paper coating line.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989; January 1,
1985.

15A NCAC 02D .0921	FABRIC AND VINYL COATING

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Fabric coating" means applying protective or functional coatings to
a textile substance with a knife, roll, rotogravure, rotary screen, or
flat screen coater to impart properties that are not initially present,
such as strength, stability, water or acid repellency, or appearance. 
Printing on textile fabric for decorative or other purposes is not part
of this definition.  Saturation operations are included in this
definition.

(2)	"Knife coating" means the application of a coating material to a
substrate by means of drawing the substrate beneath a knife which
spreads the coating evenly over the full width of the substrate.

(3)	"Roll coating" means the application of a coating material to a
substrate by means of hard rubber or steel rolls.

(4)	"Rotogravure coating" means the application of a coating material to
a substrate by means of a roll coating technique in which the pattern to
be applied is etched on the coating roll.  The coating material is
picked up in these recessed areas and is transferred to the substrate.

(5)	"Vinyl coating" means applying a functional, decorative, or
protective topcoat, or printing on vinyl coated fabric or vinyl sheets.

(6)	"Rotary screen or flat screen coating" means the application of a
coating material to a substrate by means of masking the surface and
applying a color or finish using a screen either in flat form or rotary
form.

(b)  This Rule applies to roll, knife, rotogravure, rotary screen, or
flat screen coater(s) and drying oven(s) of fabric and vinyl coating
lines.

(c)  With the exception stated in Paragraph (d) of this Rule,  emissions
of volatile organic compounds from any fabric coating line or vinyl
coating line subject to this Rule shall not exceed:

(1)	4.8 pounds of volatile organic compounds per gallon of solids
delivered to the coating applicator from a fabric coating line;

(2)	7.9 pounds of volatile organic compounds per gallon of solids
delivered to the coating applicator from a vinyl coating line.

(d)  Any source which has chosen to control emissions of volatile
organic compounds under Rule .0518(e) of this Subchapter and which has
installed air pollution control equipment in accordance with an air
quality permit in order to comply with this Rule before December 1,
1989, may comply with the limits contained in this Paragraph instead of
those contained in Paragraph (c) of this Rule.  Emissions of volatile
organic compounds from any fabric coating line or vinyl coating line
subject to this Rule shall not exceed:

(1)	2.9 pounds of volatile organic compounds per gallon of coating,
excluding water and exempt compounds, delivered to the coating
applicator from a fabric coating line;

(2)	3.8 pounds of volatile organic compounds per gallon of coating,
excluding water and exempt compounds, delivered to the coating
applicator from a vinyl coating line.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989; January 1,
1985.

15A NCAC 02D .0922	METAL FURNITURE COATING

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Application area" means the area where the coating is applied by
spraying, dipping, or flowcoating techniques.

(2)	"Metal furniture coating" means the surface coating of any furniture
made of metal or any metal part which will be assembled with other
metal, wood, fabric, plastic, or glass parts to form a furniture piece.

(b)  This Rule applies to the application area(s), flashoff area(s), and
oven(s) of metal furniture coating lines involved in prime and topcoat
or single coating operations.

(c)  With the exception stated in Paragraph (d) of this Rule, emissions
of volatile organic compounds from any metal furniture coating line
subject to this Rule shall not exceed 5.1 pounds of volatile organic
compounds per gallon of solids delivered to the coating applicator from
prime and topcoat or single coat operations.

(d)  Any source which has chosen to control emissions of volatile
organic compounds under Rule .0518(e) of this Subchapter and which has
installed air pollution control equipment in accordance with an air
quality permit in order to comply with this Rule before December 1,
1989, may comply with the limits contained in this Paragraph instead of
those contained in Paragraph (c) of this Rule.  Emissions of volatile
organic compounds from any metal furniture coating line subject to this
Rule shall not exceed 3.0 pounds of volatile organic compounds per
gallon of coating, excluding water and exempt compounds, delivered to
the coating applicator from prime and topcoat or single coat operations.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989; January 1,
1985.

15A NCAC 02D .0923	SURFACE COATING OF LARGE APPLIANCES

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Application area" means the area where the coating is applied by
spraying, dipping, or flowcoating techniques.

(2)	"Single coat" means a single film of coating applied directly to the
metal substrate omitting the primer application.

(3)	"Large appliances" means doors, cases, lids, panels, and  interior
support parts of residential and commercial washers, dryers, ranges,
refrigerators, freezers, water heaters, dishwashers, trash compactors,
air conditioners, and other similar products.

(b)  This Rule applies to application area(s), flashoff area(s), and
oven(s) of large appliance coating lines involved in prime, single, or
topcoat coating operations.

(c)  This Rule does not apply to the use of quick-drying lacquers for
repair of scratches and nicks which occur during assembly, if the volume
of coating does not exceed one quart in any eight-hour period.

(d)  With the exception stated in Paragraph (e) of this Rule, emissions
of volatile organic compounds from any large appliance coating line
subject to this Rule shall not exceed 4.5 pounds of volatile organic
compounds per gallon of solids delivered to the coating applicator from
prime, single, or topcoat coating operations.

(e)  Any source which has chosen to control emissions of volatile
organic compounds under Rule .0518 (e) of this Subchapter and which has
installed air pollution control equipment in accordance with an air
quality permit in order to comply with this Rule before December 1,
1989, may comply with the limits contained in this Paragraph instead of
those contained in Paragraph (d) of this Rule.  Emissions of volatile
organic compounds from any large appliance coating line subject to this
Rule shall not exceed 2.8 pounds of volatile organic compounds per
gallon of coating, excluding water and exempt compounds, delivered to
the coating applicator from prime, single, or topcoat coating
operations.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989; January 1,
1985.

15A NCAC 02D .0924	MAGNET WIRE COATING

(a)  For the purpose of this Rule, "magnet wire coating" means the
process of applying a coating of electrically insulating varnish or
enamel to aluminum or copper wire for use in electrical machinery.

(b)  This Rule applies to the oven(s) of magnet wire coating operations.

(c)  With the exception stated in Paragraph (d) of this Rule, emissions
of volatile organic compounds from any magnet wire coating oven subject
to this Rule shall not exceed 2.2 pounds of volatile organic compounds
per gallon of solids delivered to the coating applicator from magnet
wire coating operations.

(d)  Any source which has chosen to control emissions of volatile
organic compounds under Rule .0518(e) of this Subchapter and which has
installed air pollution control equipment in accordance with an air
quality permit in order to comply with this Rule before December 1,
1989, may comply with the limits contained in this Paragraph instead of
those contained in Paragraph (c) of this Rule.  Emissions of volatile
organic compounds from any magnet wire coating oven subject to this Rule
shall not exceed 1.7 pounds of volatile organic compounds per gallon of
coating, excluding water and exempt compounds, delivered to the coating
applicator from magnet wire coating operations.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989; January 1,
1985.

15A NCAC 02D .0925	PETROLEUM LIQUID STORAGE IN FIXED ROOF TANKS

(a)  For the purpose of this Regulation, the following definitions
apply:

(1)	"Condensate" means hydrocarbon liquid separated from natural gas
which condenses due to changes in the temperature and/or pressure and
remains liquid at standard conditions.

(2)	"Crude oil" means a naturally occurring mixture which consists of
hydrocarbons and/or sulfur, nitrogen and/or oxygen derivatives of
hydrocarbons and which is a liquid at standard conditions.

(3)	"Custody transfer" means the transfer of produced crude oil and/or
condensate, after processing and/or treating in the producing
operations, from storage tanks or automatic transfer facilities to
pipeline or any other forms of transportation.

(4)	"External floating roof" means a storage vessel cover in an open top
tank consisting of a double deck or pontoon single deck which rests upon
and is supported by the petroleum liquid being contained and is equipped
with a closure seal or seals to close the space between the roof edge
and tank shell.

(5)	"Internal floating roof" means a cover or roof in a fixed roof tank
which rests upon or is floated upon the petroleum liquid being
contained, and is equipped with a closure seal or seals to close the
space between the roof edge and tank shell.

(6)	"Petroleum liquids" means crude oil, condensate, and any finished or
intermediate products manufactured or extracted in a petroleum refinery.

(7)	"Petroleum refinery" means any facility engaged in producing
gasoline, kerosene, distillate fuel oils, residual fuel oils,
lubricants, or other products through distillation of crude oils, or
through redistillation, cracking, extraction, or reforming of unfinished
petroleum derivatives.

(b)  This Regulation applies to all fixed roof storage vessels with
capacities greater than 39,000 gallons containing volatile petroleum
liquids whose true vapor pressure is greater than 1.52 psia.

(c)  This Regulation does not apply to volatile petroleum liquid storage
vessels:

(1)	equipped with external floating roofs, or

(2)	having capacities less than 416,000 gallons used to store produced
crude oil and condensate prior to lease custody transfer.

(d)  With the exceptions stated in Paragraph (c) of this Regulation, the
owner or operator of any fixed roof storage vessel subject to this
Regulation shall not use the storage vessel unless:

(1)	The storage vessel has been retrofitted with an internal floating
roof equipped with a closure seal, or seals, to close the space between
the roof edge and tank wall;

(2)	The storage vessel is maintained such that there are no visible
holes, tears, or other openings in the seal or any seal fabric or
materials;

(3)	All openings, except stub drains are equipped with covers, lids, or
seals such that:

(A)	The cover, lid, or seal is in the closed position at all times
except when in actual use;

(B)	Automatic bleeder vents are closed at all times except when the roof
is floated off or landed on the roof leg supports;

(C)	Rim vents, if provided, are set to open when the roof is being
floated off the roof leg supports or at the manufacturer's recommended
setting;

(4)	Routine visual inspections are conducted through roof hatches once
per month;

(5)	A complete inspection of cover and seal is conducted whenever the
tank is emptied for maintenance, shell inspection, cleaning, or for
other nonoperational reasons or whenever excessive vapor leakage is
observed; and

(6)	Records are maintained in accordance with Regulation .0903 of this
Section and shall include:

(A)	reports of the results of inspections conducted under Parts (d)(4)
and (d)(5) of this Regulation,

(B)	a record of the average monthly storage temperature, and true vapor
pressures of petroleum liquids stored, and

(C)	records of the throughput quantities and types of petroleum liquids
for each storage vessel.

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

Eff. July 1, 1979;

Amended Eff. March 1, 1991; December 1, 1989; January 1, 1985.

15A NCAC 02D .0926	BULK GASOLINE PLANTS

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Average daily throughput" means annual throughput of gasoline
divided by 312 days per year.

(2)	"Bottom filling" means the filling of a tank truck or stationary
storage tank through an opening that is flush with the tank bottom.

(3)	"Bulk gasoline plant" means a gasoline storage and distribution
facility which has an average daily throughput of less than 20,000
gallons of gasoline and which usually receives gasoline from bulk
terminals by trailer transport, stores it in tanks, and subsequently
dispenses it via account trucks to local farms, businesses, and service
stations.

(4)	"Bulk gasoline terminal" means a gasoline storage facility which
usually receives gasoline from refineries primarily by pipeline, ship,
or barge; and delivers gasoline to bulk gasoline plants or to commercial
or retail accounts primarily by tank truck; and has an average daily
throughput of more than 20,000 gallons of gasoline.

(5)	"Gasoline" means any petroleum distillate having a Reid vapor
pressure of four psia or greater.

(6)	"Incoming vapor balance system" means a combination of pipes or
hoses which create a closed system between the vapor spaces of an
unloading tank truck or trailer and a receiving stationary storage tank
such that vapors displaced from the receiving stationary storage tank
are transferred to the tank truck or trailer being unloaded.

(7)	"Outgoing vapor balance system" means a combination of pipes or
hoses which create a closed system between the vapor spaces of an
unloading stationary storage tank and a receiving tank truck or trailer
such that vapors displaced from the receiving tank truck or trailer are
transferred to the stationary storage tank being unloaded.

(8)	"Splash filling" means the filling of a tank truck or stationary
storage tank through a pipe or hose whose discharge opening is above the
surface level of the liquid in the tank being filled.

(9)	"Submerged filling" means the filling of a tank truck or stationary
tank through a pipe or hose whose discharge opening is entirely
submerged when the pipe normally used to withdraw liquid from the tank
can no longer withdraw any liquid, or whose discharge opening is
entirely submerged when the liquid level is six inches above the bottom
of the tank.

(b)  This Rule applies to the unloading, loading, and storage facilities
of all bulk gasoline plants and of all tank trucks or trailers
delivering or receiving gasoline at bulk gasoline plants except
stationary storage tanks with capacities less than 528 gallons.

(c)  The owner or operator of a bulk gasoline plant shall not transfer
gasoline to any stationary storage tanks after May 1, 1993, unless the
unloading tank truck or trailer and the receiving stationary storage
tank are equipped with an incoming vapor balance system as described in
Paragraph (i) of this Rule and the receiving stationary storage tank is
equipped with a fill line whose discharge opening is flush with the
bottom of the tank.

(d)  The owner or operator of a bulk gasoline plant with an average
daily gasoline throughput of 4,000 gallons or more shall not load tank
trucks or trailers at such plant after May 1, 1993, unless the unloading
stationary storage tank and the receiving tank truck or trailer are
equipped with an outgoing vapor balance system as described in Paragraph
(i) of this Rule and the receiving tank truck or trailer is equipped for
bottom filling.

(e)  The owner or operator of a bulk gasoline plant with an average
daily throughput of more than 2,500 gallons but less than 4,000 gallons
located in an area with a housing density exceeding specified limits as
described in this Paragraph shall not load any tank truck or trailer at
such bulk gasoline plant after November 1, 1996, unless the unloading
stationary storage tank and receiving tank truck or trailer are equipped
with an outgoing vapor balance system as described in Paragraph (i) of
this Rule and the receiving tank truck or trailer is equipped for bottom
filling.  In the counties of Alamance, Buncombe, Cabarrus, Catawba,
Cumberland, Davidson, Durham, Forsyth, Gaston, Guilford, Mecklenburg,
New Hanover, Orange, Rowan, and Wake, the specified limit on housing
density is 50 residences in a square one mile on a side with the square
centered on the loading rack at the bulk gasoline plant and with one
side oriented in a true North-South direction.  In all other counties
the specified limit on housing density is 100 residences per square
mile.  The housing density shall be determined by counting the number of
residences using aerial photographs or other methods determined by the
Director to provide equivalent accuracy.

(f)  The owner or operator of a bulk gasoline plant not subject to the
outgoing vapor balance system requirements of Paragraph (d) or (e) of
this Rule shall not load trucks or trailers at such plants unless:

(1)	Equipment is available at the bulk gasoline plant to provide for
submerge filling of each tank truck or trailer; or

(2)	Each receiving tank truck or trailer is equipped for bottom filling.

(g)  For a gasoline bulk plants located in nonattainment area for ozone,
once the average daily throughput of gasoline at the bulk gasoline plant
reaches or exceeds the applicability threshold in Paragraph (d) or (e)
of this Rule or if Paragraph (d) or (e) is currently applicable to the
bulk gasoline plant, the bulk gasoline plant shall continue to comply
with the outgoing vapor balance system requirements of Paragraph (d) or
(e) of this Rule, as is applicable, even though the average daily
gasoline throughput falls below the threshold contained in Paragraph (d)
or (e) of this Rule.

(h)  The owner or operator of a bulk gasoline plant, tank truck or
trailer that is required to be equipped with a vapor balance system
pursuant to Paragraphs (c), (d), or (e) of this Rule shall not transfer
gasoline between tank truck or trailer and stationary storage tank
unless:

(1)	The vapor balance system is in good working order and is connected
and operating;

(2)	Tank truck or trailer hatches are closed at all times during loading
and unloading operations; and

(3)	The tank truck's or trailer's pressure/vacuum relief valves and
hatch covers and the truck tanks or storage tanks or associated vapor
and liquid lines are vapor tight during loading or unloading.

(i)  Vapor balance systems required under Paragraphs (c), (d), and (e)
of this Rule shall consist of the following major components:

(1)	a vapor space connection on the stationary storage tank equipped
with fittings which are vapor tight and will be automatically and
immediately closed upon disconnection so as to prevent release of
organic material;

(2)	a connecting pipe or hose equipped with fittings which are vapor
tight and will be automatically and immediately closed upon
disconnection so as to prevent release of organic material; and

(3)	a vapor space connection on the tank truck or trailer equipped with
fittings which are vapor tight and will be automatically and immediately
closed upon disconnection so as to prevent release of organic material.

(j)  The owner or operator of a bulk gasoline plant shall paint all
tanks used for gasoline storage white or silver at the next scheduled
painting or before November 1, 2002, whichever is sooner.

(k)  The pressure relief valves on tank trucks or trailers loading or
unloading at bulk gasoline plants shall be set to release at the highest
possible pressure (in accordance with state or local fire codes or the
National Fire Prevention Association guidelines).  The pressure relief
valves on stationary storage tanks shall be set at 0.5 psi for storage
tanks placed in service on or after November 1, 1992, and 0.25 psi for
storage tanks existing before November 1, 1992.

(l)  No owner or operator of a bulk gasoline plant may permit gasoline
to be spilled, discarded in sewers, stored in open containers, or
handled in any other manner that would result in evaporation.

(m)  The owner or operator of a bulk gasoline plant shall observe
loading and unloading operations and shall discontinue the transfer of
gasoline:

(1)	if any liquid leaks are observed, or

(2)	if any vapor leaks are observed where a vapor balance system is
required under Paragraphs (c), (d), or (e) of this Rule.

(n)  The owner or operator of a bulk gasoline plant shall not load, or
allow to be loaded, gasoline into any truck tank or trailer unless the
truck tank or trailer has been certified leak tight in accordance with
Rule .0932 of this Section within the last 12 months where the bulk
gasoline plant is required to use an outgoing vapor balance system.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; May 1, 1993; March 1, 1991; December 1, 1989;
January 1, 1985.

15A NCAC 02D .0927	BULK GASOLINE TERMINALS

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Bulk gasoline terminal" means:

(A)	breakout tanks of an interstate oil pipeline facility; or

(B)	a gasoline storage facility that usually receives gasoline from
refineries primarily by pipeline, ship, or barge; delivers gasoline to
bulk gasoline plants or to commercial or retail accounts primarily by
tank truck; and has an average daily throughput of more than 20,000
gallons of gasoline.

(2)	"Breakout tank" means a tank used to:

(A)	relieve surges in a hazardous liquid pipeline system, or

(B)	receive and store hazardous liquids transported by pipeline for
reinjection and continued transport by pipeline.

(3)	"Gasoline" means a petroleum distillate having a Reid vapor pressure
of four psia or greater.

(4)	"Contact deck" means a deck in an internal floating roof tank that
rises and falls with the liquid level and floats in direct contact with
the liquid surface.

(5)	"Degassing" means the process by which a tank's interior vapor space
is decreased to below the lower explosive limit for the purpose of
cleaning, inspection, or repair. 

(6)	"Leak" means a crack or hole that lets petroleum product vapor or
liquid escape that can be identified through the use of sight, sound,
smell, an explosimeter, or the use of a meter that measures volatile
organic compounds.  When an explosimeter or meter is used to detect a
leak, a leak is a measurement that is equal to or greater than 100
percent of the lower explosive limit, as detected by a combustible gas
detector using the test procedure described in Rule .0940 of this
Section.

(7)	"Liquid balancing" means a process used to degas floating roof
gasoline storage tanks with a liquid whose vapor pressure is below 1.52
psia. This is done by removing as much gasoline as possible without
landing the roof on its internal supports, pumping in the replacement
fluid, allowing mixing, remove as much mixture as possible without
landing the roof, and repeating these steps until the vapor pressure of
the mixture is below 1.52 psia.

(8)	"Liquid displacement" means a process by which gasoline vapors,
remaining in an empty tank, are displaced by a liquid with a vapor
pressure below 1.52 psia.

(b)  This Rule applies to bulk gasoline terminals and the appurtenant
equipment necessary to load the tank truck or trailer compartments.

(c)  Gasoline shall not be loaded into any tank trucks or trailers from
any bulk gasoline terminal unless:

(1)	The bulk gasoline terminal is equipped with a vapor control system
that prevents the emissions of volatile organic compounds from exceeding
35 milligrams per liter.  The owner or operator shall obtain from the
manufacturer and maintain in his records a pre-installation
certification stating the vapor control efficiency of the system in use;

(2)	Displaced vapors and gases are vented only to the vapor control
system or to a flare;

(3)	A means is provided to prevent liquid drainage from the loading
device when it is not in use or to accomplish complete drainage before
the loading device is disconnected; and

(4)	All loading and vapor lines are equipped with fittings that make
vapor-tight connections and that are automatically and immediately
closed upon disconnection.

(d)  Sources regulated by Paragraph (b) of this Rule shall not:

(1)	allow gasoline to be discarded in sewers or stored in open
containers or handled in any manner that would result in evaporation, or

(2)	allow the pressure in the vapor collection system to exceed the tank
truck or trailer pressure relief settings.

(e)  The owner or operator of a bulk gasoline terminal shall paint all
tanks used for gasoline storage white or silver at the next scheduled
painting or by December 1, 2002, whichever occurs first.

(f)  The owner or operator of a bulk gasoline terminal shall install on
each external floating roof tank with an inside diameter of 100 feet or
less used to store gasoline a self-supporting roof, such as a geodesic
dome, at the next time that the tank is taken out of service or by
December 1, 2002, whichever occurs first.

(g)  The following equipment shall be required on all tanks storing
gasoline at a bulk gasoline terminal:

(1)	rim-mounted secondary seals on all external and internal floating
roof tanks,

(2)	gaskets on deck fittings, and

(3)	floats in the slotted guide poles with a gasket around the cover of
the poles.

(h)  Decks shall be required on all above ground tanks with a capacity
greater than 19,800 gallons storing gasoline at a bulk gasoline
terminal.  All decks installed after June 30, 1998 shall comply with the
following requirements:

(1)	deck seams shall be welded, bolted or riveted; and

(2)	seams on bolted contact decks and on riveted contact decks shall be
gasketed.

(i)  If, upon facility or operational modification of a bulk gasoline
terminal that existed before December 1, 1992, an increase in benzene
emissions results such that:

(1)	emissions of volatile organic compounds increase by more than 25
tons cumulative at any time during the five years following
modifications; and

(2)	annual emissions of benzene from the cluster where the bulk gasoline
terminal is located (including the pipeline and marketing terminals
served by the pipeline) exceed benzene emissions from that cluster based
upon calendar year 1991 gasoline throughput and application of the
requirements of this Subchapter, 

then, the annual increase in benzene emissions due to the modification
shall be offset within the cluster by reduction in benzene emissions
beyond that otherwise achieved from compliance with this Rule, in the
ratio of at least 1.3 to 1.

(j)  The owner or operators of a bulk gasoline terminal that has
received an air permit before December 1, 1992, to emit toxic air
pollutants under 15A NCAC 02Q .0700 to comply with Section .1100 of this
Subchapter shall continue to follow all terms and conditions of the
permit issued under 15A NCAC 02Q .0700 and to bring the terminal into
compliance with Section .1100 of this Subchapter according to the terms
and conditions of the permit, in which case the bulk gasoline terminal
shall continue to need a permit to emit toxic air pollutants and shall
be exempted from Paragraphs (e) through (i) of this Rule.

(k)  The owner or operator of a bulk gasoline terminal shall not load,
or allow to be loaded, gasoline into any truck tank or trailer unless
the truck tank or trailer has been certified leak tight according to
Rule .0932 of this Section within the last 12 months.

(l)  The owner or operator of a bulk gasoline terminal shall have on
file at the terminal a copy of the certification test conducted
according to Rule .0932 of this Section for each gasoline tank truck
loaded at the terminal.

(m)  Emissions of gasoline from degassing of external or internal
floating roof tanks at a bulk gasoline terminal shall be collected and
controlled by at least 90 percent by weight. Liquid balancing shall not
be used to degas gasoline storage tanks at bulk gasoline terminals. Bulk
gasoline storage tanks containing not more than 138 gallons of liquid
gasoline or the equivalent of gasoline vapor and gasoline liquid are
exempted from the degassing requirements if gasoline vapors are vented
for at least 24-hours. Documentation of degassing external or internal
floating roof tanks shall be made according to 15A NCAC 02D .0903.

(n)  According to Rule .0903 of this Section, the owner or operator of a
bulk gasoline terminal shall visually inspect the following for leaks
each day that the terminal is both manned and open for business:

(1)	the vapor collection system, 

(2)	the vapor control system, and 

(3)	each lane of the loading rack while a gasoline tank truck or trailer
is being loaded. 

If no leaks are found, the owner or operator shall record that no leaks
were found. If a leak is found, the owner or operator shall record the
information specified in Paragraph( (p) of this Rule. The owner or
operator shall repair all leaks found according to Paragraph (q) of this
Rule.

(o)  The owner or operator of a bulk gasoline terminal shall inspect
weekly for leaks:

(1)	the vapor collection system, 

(2)	the vapor control system, and 

(3)	each lane of the loading rack while a gasoline tank truck or trailer
is being loaded. 

The weekly inspection shall be done using sight, sound, or smell; a
meter used to measure volatile organic compounds; or an explosimeter. An
inspection using either a meter used to measure volatile organic
compounds or an explosimeter shall be conducted every month. If no leaks
are found, the owner or operator shall record the date that the
inspection was done and that no leaks were found. If a leak is found,
the owner or operator shall record the information specified in
Paragraph( (p) of this Rule. The owner or operator shall repair all
leaks found according to Paragraph (q) of this Rule.

(p)  For each leak found under Paragraph (n) or (o) of this Rule, the
owner or operator of a bulk gasoline terminal shall record:

(1)	the date of the inspection,

(2)	the findings (location, nature and severity of each leak),

(3)	the corrective action taken,

(4)	the date when corrective action was completed, and

(5)	any other information that the terminal deems necessary to
demonstrate compliance.

(q)  The owner or operator of a bulk gasoline terminal shall repair all
leaks as follows:

(1)	The vapor collection hose that connects to the tank truck or trailer
shall be repaired or replaced before another tank truck or trailer is
loaded at that rack after a leak has been detected originating with the
terminal’s equipment rather than from the gasoline tank truck or
trailer.

(2)	All other leaks shall be repaired as expeditiously as possible but
no later than 15 days from their detection. If more than 15 days are
required to make the repair, the reasons that the repair cannot be made
shall be documented, and the leaking equipment shall not be used after
the fifteenth day from when the leak detection was found until the
repair is made. 

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

Eff. July 1, 1979;

Amended Eff. January 1, 2007; April 1, 2003; August 1, 2002; July 1,
1998; July 1, 1996; July 1, 1994; December 1, 1992; December 1, 1989;
January 1, 1985.

15A NCAC 02D .0928	GASOLINE SERVICE STATIONS STAGE I

(a)  Definitions.  For the purpose of this Rule, the following
definitions apply:

(1)	"Gasoline" means a petroleum distillate having a Reid vapor pressure
of four psia or greater.

(2)	"Delivery vessel" means tank trucks or trailers equipped with a
storage tank and used for the transport of gasoline from sources or
supply to stationary storage tanks of gasoline dispensing facilities.

(3)	"Submerged fill pipe" means any fill pipe with a discharge opening
which is entirely submerged when the pipe normally used to withdraw
liquid from the tank can no longer withdraw any liquid, or which is
entirely submerged when the level of the liquid is:

(A)	six inches above the bottom of the tank if the tank does not have a
vapor recovery adaptor, or

(B)	12 inches above the bottom of the tank if the tank has a vapor
recovery adaptor.  If the opening of the submerged fill pipe is cut at a
slant, the distance is measured from the top of the slanted cut to the
bottom of the tank.

(4)	"Owner" means any person who has legal or equitable title to the
gasoline storage tank at a facility.

(5)	"Operator" means any person who leases, operates, controls, or
supervises a facility at which gasoline is dispensed.

(6)	"Gasoline dispensing facility" means any site where gasoline is
dispensed to motor vehicle gasoline tanks from stationary storage tanks.

(7)	"Gasoline service station" means any gasoline dispensing facility
where gasoline is sold to the motoring public from stationary storage
tanks.

(8)	"Throughput" means the amount of gasoline dispensed at a facility
during a calendar month after November 15, 1990.

(9)	"Line" means any pipe suitable for transferring gasoline.

(10)	"Dual point system" means the delivery of the product to the
stationary storage tank and the recovery of vapors from the stationary
storage tank occurs through two separate openings in the storage tank
and two separate hoses between the tank truck and the stationary storage
tank.

(11)	"Coaxial system" means the delivery of the product and recovery of
vapors occur through a single coaxial fill tube, which is a tube within
a tube.  Product is delivered through the inner tube, and vapor is
recovered through the annular space between the walls of the inner tube
and outer tube.

(12)	"Poppeted vapor recovery adaptor" means a vapor recovery adaptor
that automatically and immediately closes itself when the vapor return
line is disconnected and maintains a tight seal when the vapor return
line is not connected.

(13)	"Stationary storage tank" means a gasoline storage container which
is a permanent fixture.

(b)  Applicability.  This Rule applies to all gasoline dispensing
facilities and gasoline service stations and to delivery vessels
delivering gasoline to a gasoline dispensing facility or gasoline
service station.

(c)  Exemptions.  This Rule does not apply to:

(1)	transfers made to storage tanks at gasoline dispensing facilities or
gasoline service stations equipped with floating roofs or their
equivalent;

(2)	stationary tanks with a capacity of not more than 2,000 gallons
which are in place before July 1, 1979, if the tanks are equipped with a
permanent or portable submerged fill pipe;

(3)	stationary storage tanks with a capacity of not more than 550
gallons which are installed after June 30, 1979, if tanks are equipped
with a permanent or portable submerged fill pipe;

(4)	stationary storage tanks with a capacity of not more than 2000
gallons located on a farm or a residence and used to store gasoline for
farm equipment or residential use if gasoline is delivered to the tank
through a permanent or portable submerged fill pipe except that this
exemption does not apply in ozone non-attainment areas;

(5)	stationary storage tanks at a gasoline dispensing facility or
gasoline service station where the combined annual throughput of
gasoline at the facility or station does not exceed 50,000 gallons, if
the tanks are permanently equipped with submerged fill pipes;

(6)	any tanks used exclusively to test the fuel dispensing meters.

(d)  With exceptions stated in Paragraph (c) of this Rule, gasoline
shall not be transferred from any delivery vessel into any stationary
storage tank unless:

(1)	The tank is equipped with a submerged fill pipe, and the vapors
displaced from the storage tank during filling are controlled by a vapor
control system as described in Paragraph (e) of this Rule;

(2)	The vapor control system is in good working order and is connected
and operating with a vapor tight connection;

(3)	The vapor control system is properly maintained and all damaged or
malfunctioning components or elements of design are repaired, replaced
or modified;

(4)	Gauges, meters, or other specified testing devices are maintained in
proper working order;

(5)	The delivery vessel and vapor collection system complies with Rule
.0932 of this Section; and

(6)	The following records, as a minimum, are kept in accordance with
Rule .0903 of this Section:

(A)	the scheduled date for maintenance or the date that a malfunction
was detected;

(B)	the date the maintenance was performed or the malfunction corrected;
and

(C)	the component or element of design of the control system repaired,
replaced, or modified.

(e)  The vapor control system required by Paragraph (d) of this Rule
shall include one or more of the following:

(1)	a vapor-tight line from the storage tank to the delivery vessel and:

(A)	for a coaxial vapor recovery system, either a poppeted or unpoppeted
vapor recovery adaptor;

(B)	for a dual point vapor recovery system, poppeted vapor recovery
adaptor; or

(2)	a refrigeration-condensation system or equivalent designed to
recover at least 90 percent by weight of the organic compounds in the
displaced vapor.

(f)  If an unpoppeted vapor recovery adaptor is used pursuant to Part
(e)(1)(A) of this Rule, the tank liquid fill connection shall remain
covered either with a vapor-tight cap or a vapor return line except when
the vapor return line is being connected or disconnected.

(g)  If an unpoppeted vapor recovery adaptor is used pursuant to Part
(e)(1)(A) of this Rule, the unpoppeted vapor recovery adaptor shall be
replaced with a poppeted vapor recovery adaptor when the tank is
replaced or is removed and upgraded.

(h)  Where vapor lines from the storage tanks are manifolded, poppeted
vapor recovery adapters shall be used.  No more than one tank is to be
loaded at a time if the manifold vapor lines are size 2 1/2 inches and
smaller.  If the manifold vapor lines are 3 inches and larger, then two
tanks at a time may be loaded.

(i)  Vent lines on tanks with Stage I controls shall have pressure
release valves or restrictors.

(j)  The vapor-laden delivery vessel:

(1)	shall be designed and maintained to be vapor-tight during loading
and unloading operations and during transport with the exception of
normal pressure/vacuum venting as required by regulations of the
Department of Transportation; and

(2)	if it is refilled in North Carolina, shall be refilled only at:

(A)	bulk gasoline plants complying with Rule .0926 of this Section, or

(B)	bulk gasoline terminals complying with Rule .0927 of this Section or
Rule .0524 of this Subchapter.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1994; March 1, 1991; December 1,
1989; January 1, 1985.

15A NCAC 02D .0930	SOLVENT METAL CLEANING

(a)  For the purpose of this Regulation, the following definitions
apply:

(1)	"Cold cleaning" means the batch process of cleaning and removing
soils from metal surfaces by spraying, brushing, flushing, or immersion
while maintaining the solvent below its boiling point.  Wipe cleaning is
not included in this definition.

(2)	"Conveyorized degreasing" means the continuous process of cleaning
and removing soils from metal surfaces by operating with either cold or
vaporized solvents.

(3)	"Freeboard height" means for vapor degreasers the distance from the
top of the vapor zone to the top of the degreaser tank.  For cold
cleaners, freeboard height means the distance from liquid solvent level
in the degreaser tank to the top of the tank.

(4)	"Freeboard ratio" means the freeboard height divided by the width of
the degreaser.

(5)	"Open top vapor degreasing" means the batch process of cleaning and
removing soils from metal surfaces by condensing hot solvent vapor on
the colder metal parts.

(6)	"Solvent metal cleaning" means the process of cleaning soils from
metal surfaces by cold cleaning or open top vapor degreasing or
conveyorized degreasing.

(b)  This Regulation applies to cold cleaning, open top vapor
degreasing, and conveyorized degreasing operations.

(c)  The provisions of this Regulation shall apply with the following
exceptions:

(1)	Open top vapor degreasers with an open area smaller than 10.8 square
feet shall be exempt from Subparagraph (e)(3) of this Regulation; and

(2)	Conveyorized degreasers with an air/vapor interface smaller than
21.6 square feet shall be exempt from Subparagraph (f)(2) of this
Regulation.

(d)  The owner or operator of a cold cleaning facility shall:

(1)	equip the cleaner with a cover and the cover shall be designed so
that it can be easily operated with one hand, if:

(A)	The solvent volatility is greater than 15 millimeters of mercury or
0.3 pounds per square inch measured at 100(F;

(B)	The solvent is agitated; or

(C)	The solvent is heated;

(2)	equip the cleaner with a facility for draining cleaned parts.  The
drainage facility shall be constructed internally so that parts are
enclosed under the cover while draining if the solvent volatility is
greater than 32 millimeters of mercury or 0.6 pounds per square inch
measured at 100(F.  However, the drainage facility may be external for
applications where an internal type cannot fit into the cleaning system;

(3)	install one of the following control devices if the solvent
volatility is greater than 33 millimeters of mercury or 0.6 pounds per
square inch measured at 100(F, or if the solvent is heated above 120(F;

(A)	freeboard which gives a freeboard ratio greater than or equal to
0.7;

(B)	water cover if the solvent is insoluble in and heavier than water;
or

(C)	other systems of equivalent control, such as refrigerated chiller or
carbon adsorption, approved by the Director;

(4)	provide a permanent, conspicuous label, summarizing the operating
requirements;

(5)	store waste solvent only in covered containers and not dispose of
waste solvent or transfer it to another party, such that greater than 20
percent of the waste solvent (by weight) can evaporate into the
atmosphere;

(6)	close the cover whenever parts are not being handled in the cleaner;

(7)	drain the cleaned parts for at least 15 seconds or until dripping
ceases; and

(8)	if used, supply a solvent spray which is a solid fluid stream (not a
fine, atomized, or shower type spray) at a pressure which does not cause
excessive splashing.

(e)  With the exception stated in Paragraph (c) of the Regulation, the
owner or operator of an open top vapor degreaser shall:

(1)	equip the vapor degreaser with a cover which can be opened and
closed easily without disturbing the vapor zone;

(2)	provide the following safety switches or devices:

(A)	a condenser flow switch and thermostat or other device which
prevents heat input if the condenser coolant is either not circulating
or too warm,

(B)	a spray safety switch or other device which shuts off the spray pump
if the vapor level drops more than 10 inches, and

(C)	a vapor level control thermostat or other device which prevents heat
input when the vapor level rises too high;

(3)	install one of the following control devices:

(A)	freeboard ratio greater than or equal to 0.75.  If the degreaser
opening is greater than 10.8 square feet, the cover must be powered;

(B)	refrigerated chiller;

(C)	enclosed design (The cover or door opens only when the dry part is
actually entering or exiting the degreaser.); or

(D)	carbon adsorption system, with ventilation greater than or equal to
50 cubic feet per minute per square foot of air/vapor area (when cover
is open), and exhausting less than 25 parts per million of solvent
averaged over one complete adsorption cycle;

(4)	keep the cover closed at all times except when processing workloads
through the degreaser; and

(5)	minimize solvent carryout by:

(A)	racking parts to allow complete drainage,

(B)	moving parts in and out of the degreaser at less than 11 feet per
minute,

(C)	holding the parts in the vapor zone at least 30 seconds or until
condensation ceases,

(D)	tipping out any pools of solvent on the cleaned parts before removal
from the vapor zone, and

(E)	allowing parts to dry within the degreaser for at least 15 seconds
or until visually dry;

(6)	not degrease porous or absorbent materials, such as cloth, leather,
wood, or rope;

(7)	not occupy more than half of the degreaser's open top area with a
workload;

(8)	not load the degreaser to the point where the vapor level would drop
more than 10 inches when the workload is removed from the vapor zone;

(9)	always spray below the vapor level;

(10)	repair solvent leaks immediately or shutdown the degreaser;

(11)	store waste solvent only in covered containers and not dispose of
waste solvent or transfer it to another party, such that greater than 20
percent of the waste solvent (by weight) can evaporate into the
atmosphere;

(12)	not operate the cleaner so as to allow water to be visually
detectable in solvent exiting the water separator;

(13)	not use ventilation fans near the degreaser opening, nor provide
exhaust ventilation exceeding 65 cubic feet per minute per square foot
of degreaser open area, unless necessary to meet OSHA requirements (OSHA
is the U.S. Occupational Safety and Health Administration; in North
Carolina the N.C. Labor Department has delegation of OSHA programs); and

(14)	provide a permanent, conspicuous label, summarizing the operating
procedures of Subparagraph (4) through (12) of this Paragraph.

(f)  With the exception stated in Paragraph (c) of this Regulation, the
owner or operator of a conveyorized degreaser shall:

(1)	not use workplace fans near the degreaser opening, nor provide
exhaust ventilation exceeding 65 cubic feet per minute per square foot
of degreaser opening, unless necessary to meet OSHA requirements;

(2)	install one of the following control devices:

(A)	refrigerated chiller; or

(B)	carbon adsorption system, with ventilation greater than or equal to
50 cubic feet per minute per square foot of air/vapor area (when
downtime covers are open), and exhausting less than 25 parts per million
of solvent by volume averaged over a complete adsorption cycle;

(3)	equip the cleaner with equipment, such as a drying tunnel or
rotating (tumbling) basket, sufficient to prevent cleaned parts from
carrying out solvent liquid or vapor;

(4)	provide the following safety switches or devices:

(A)	a condenser flow switch and thermostat or other device which
prevents heat input if the condenser coolant is either not circulating
or too warm,

(B)	a spray safety switch or other device which shuts off the spray pump
or the conveyor if the vapor level drops more than 10 inches, and

(C)	a vapor level control thermostat or other device which prevents heat
input when the vapor level rises too high;

(5)	minimize openings during operation so that entrances and exits will
silhouette workloads with an average clearance between the parts and the
edge of the degreaser opening of less than four inches or less than 10
percent of the width of the opening;

(6)	provide downtime covers for closing off the entrance and exit during
shutdown hours;

(7)	minimize carryout emissions by:

(A)	racking parts for best drainage; and

(B)	maintaining the vertical conveyor speed at less than 11 feet per
minute;

(8)	store waste solvent only in covered containers and not dispose of
waste solvent or transfer it to another party, such that greater than 20
percent of the waste solvent (by weight) can evaporate into the
atmosphere;

(9)	repair solvent leaks immediately, or shut down the degreaser;

(10)	not operate the cleaner so as to allow water to be visually
detectable in solvent exiting the water separator; and

(11)	place downtime covers over entrances and exits or conveyorized
degreasers immediately after the conveyors and exhausts are shutdown and
not remove them until just before start-up.

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

Eff. July 1, 1979;

Amended Eff. March 1, 1991; December 1, 1989; January 1, 1985.

15A NCAC 02D .0931	CUTBACK ASPHALT

(a)  For the purpose of this Regulation, the following definitions
apply:

(1)	"Asphalt" means a dark-brown to black cementitious material (solid,
semisolid, or liquid in consistency) in which the predominating
constituents are bitumens which occur in nature as such or which are
obtained as residue in refining petroleum.

(2)	"Cutback asphalt" means asphalt cement which has been liquefied by
blending with petroleum solvents (diluents).  Upon exposure to
atmospheric conditions, the diluents evaporate, leaving the asphalt
cement to perform its function.

(3)	"Emulsified asphalt" means an emulsion of asphalt cement and water
which contains a small amount of an emulsifying agent; a heterogeneous
system containing two normally immiscible phases (asphalt and water) in
which the water forms the continuous phase of the emulsion, and minute
globules of asphalt form the discontinuous phase.

(4)	"Penetrating prime coat" means an application of low-viscosity
liquid asphalt to an absorbent surface.  It is used to prepare an
untreated base for an asphalt surface.  The prime penetrates the base
and plugs the voids, hardens the top, and helps bind it to the overlying
asphalt course. It also reduces the necessity of maintaining an
untreated base course prior to placing the asphalt pavement.

(b)  This Regulation applies to the manufacture and use of cutback
asphalts for the purpose of paving or maintaining roads, highways,
streets, parking lots, driveways, curbs, sidewalks, airfields (runways,
taxiways, and parking aprons), recreational facilities (tennis courts,
playgrounds, and trails), and other similar structures.

(c)  Cutback asphalt shall not be manufactured, mixed, stored, used, or
applied except where:

application at ambient temperatures less than 50F, as measured at the
nearest National Weather Service Field Office or Federal Aviation
Administration Station, is necessary;

(3)	The cutback asphalt is to be used solely as a penetrating prime
coat; or

(4)	The user can demonstrate to the Director that there are no volatile
organic compound emissions under conditions of normal use.

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

Eff. July 1, 1979;

Amended Eff. December 1, 1989; January 1, 1985; June 1, 1980.

15A NCAC 02D .0932	GASOLINE TRUCK TANKS AND VAPOR COLLECTION SYSTEMS

(a)  For the purposes of this Rule, the following definitions apply: 

(1)	"Bottom filling" means the filling of a tank truck or stationary
storage tank through an opening that is flush with the tank bottom.

(2)	"Bulk gasoline plant" means a gasoline storage and distribution
facility that has an average daily throughput of less than 20,000
gallons of gasoline and which usually receives gasoline from bulk
terminals by trailer transport, stores it in tanks, and subsequently
dispenses it via account trucks to local farms, businesses, and service
stations.

(3)	"Bulk gasoline terminal" means:

(A)	breakout tanks of an interstate oil pipeline facility; or

(B)	a gasoline storage facility that usually receives gasoline from
refineries primarily by pipeline, ship, or barge; delivers gasoline to
bulk gasoline plants or to commercial or retail accounts primarily by
tank truck; and has an average daily throughput of more than 20,000
gallons of gasoline.

(4)	"Certified facility" means any facility that has been certified
under Rule .0960 of this Section to perform leak tightness tests on
truck tanks. 

(5)	"Gasoline" means any petroleum distillate having a Reid vapor
pressure of 4.0 psia or greater.

(6)	"Gasoline dispensing facility" means any site where gasoline is
dispensed to motor vehicle gasoline tanks from stationary storage tanks.

(7)	"Gasoline service station" means any gasoline dispensing facility
where gasoline is sold to the motoring public from stationary storage
tanks.

(8)	"Truck tank" means the storage vessels of trucks or trailers used to
transport gasoline from sources of supply to stationary storage tanks of
bulk gasoline terminals, bulk gasoline plants, gasoline dispensing
facilities and gasoline service stations.

(9)	"Truck tank vapor collection equipment" means any piping, hoses, and
devices on the truck tank used to collect and route gasoline vapors in
the tank to or from the bulk gasoline terminal, bulk gasoline plant,
gasoline dispensing facility or gasoline service station vapor control
system or vapor balance system. 

(10)	"Vapor balance system" means a combination of pipes or hoses that
create a closed system between the vapor spaces of an unloading tank and
a receiving tank such that vapors displaced from the receiving tank are
transferred to the tank being unloaded.

(11)	"Vapor collection system" means a vapor balance system or any other
system used to collect and control emissions of volatile organic
compounds.

(b)  This Rule applies to gasoline truck tanks that are equipped for
vapor collection and to vapor control systems at bulk gasoline
terminals, bulk gasoline plants, gasoline dispensing facilities, and
gasoline service stations equipped with vapor balance or vapor control
systems. 

(c)  Gasoline Truck Tanks

(1)	Gasoline truck tanks and their vapor collection systems shall be
tested annually by a certified facility. The test procedure that shall
be used is described in Section .2600 of this Subchapter and is
according to Rule .0912 of this Section.  The gasoline truck tank shall
not be used if it sustains a pressure change greater than 3.0 inches of
water in five minutes when pressurized to a gauge pressure of 18 inches
of water or when evacuated to a gauge pressure of 6.0 inches of water. 

(2)	Each gasoline truck tank that has been certified leak tight,
according to Subparagraph (1) of this Paragraph shall display a sticker
near the Department of Transportation certification plate required by 49
CFR 178.340-10b. 

(3)	There shall be no liquid leaks from any gasoline truck tank. 

(4)	Any truck tank with a leak equal to or greater than 100 percent of
the lower explosive limit, as detected by a combustible gas detector
using the test procedure described in Rule .2615 of this Subchapter
shall not be used beyond 15 days after the leak has been discovered,
unless the leak has been repaired and the tank has been certified to be
leak tight according to Subparagraph (1) of this Paragraph.

(5)	The owner or operator of a gasoline truck tanks with a vapor
collection system shall maintain records of all certification testing
and repairs.  The records shall identify the gasoline truck tank, the
date of the test or repair; and, if applicable, the type of repair and
the date of retest.  The records of certification tests shall include:

(A)	the gasoline truck tank identification number; 

(B)	the initial test pressure and the time of the reading; 

(C)	the final test pressure and the time of the reading; 

(D)	the initial test vacuum and the time of reading;

(E)	the final test vacuum and the time of the reading;

(F)	the date and location of the tests;

(G)	the NC sticker number issued; and 

(H)	the final change in pressure of the internal vapor value test.

(6)	A copy of the most recent certification report shall be kept with
the truck tank.  The owner or operator of the truck tank shall also file
a copy of the most recent certification test with each bulk gasoline
terminal that loads the truck tank.  The records shall be maintained for
at least two years after the date of the testing or repair, and copies
of such records shall be made available within a reasonable time to the
Director upon written request.

(d)  Bulk Gasoline Terminals, Bulk Gasoline Plants Equipped With Vapor
Balance or Vapor Control Systems

(1)	The vapor collection system and vapor control system shall be
designed and operated to prevent gauge pressure in the truck tank from
exceeding 18 inches of water and to prevent a vacuum of greater than six
inches of water.

(2)	During loading and unloading operations there shall be:

(A)	no vapor leakage from the vapor collection system such that a
reading equal to or greater than 100 percent of the lower explosive
limit at one inch around the perimeter of each potential leak source as
detected by a combustible gas detector using the test procedure
described in Rule .2615 of this Subchapter;  and

(B)	no liquid leaks. 

(3)	If a leak is discovered that exceeds the limit in Subparagraph (2)
of this Paragraph: 

(A)	For bulk gasoline plants, the vapor collection system or vapor
control system (and therefore the source) shall not be used beyond 15
days after the leak has been discovered, unless the leak has been
repaired and the system has been retested and found to comply with
Subparagraph (2) of this Paragraph; 

(B)	For bulk gasoline terminals, the vapor collection system or vapor
control system shall be repaired following the procedures in Rule .0927
of this Section.

(4)	The owner or operator of a vapor collection system at a bulk
gasoline plant or a bulk gasoline terminal shall test, according to Rule
.0912 of this Section, the vapor collection system at least once per
year. If after two complete annual checks no more than 10 leaks are
found, the Director may allow less frequent monitoring.  If more than 20
leaks are found, the Director may require that the frequency of
monitoring be increased.

(5)	The owner or operator of a vapor control systems at bulk gasoline
terminals, bulk gasoline plants, gasoline dispensing facilities, and
gasoline service stations equipped with vapor balance or vapor control
systems shall maintain records of all certification testing and repairs.
 The records shall identify the vapor collection system, or vapor
control system; the date of the test or repair; and, if applicable, the
type of repair and the date of retest.

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

Eff. July 1, 1980; 

Amended Eff. August 1, 2008; June 1, 2008; January 1, 2007; April 1,
2003; August 1, 2002; July 1, 1994; December 1, 1989; January 1, 1985.

15A NCAC 02D .0933	PETROLEUM LIQUID STORAGE IN EXTERNAL FLOATING ROOF
TANKS 

(a) For the purpose of this Rule, the following definitions apply: 

(1)	"Condensate" means hydrocarbon liquid separated from natural gas
which condenses due to changes in the temperature or pressure and
remains liquid at standard conditions.

(2)	"Crude oil" means a naturally occurring mixture consisting of
hydrocarbons or sulfur, nitrogen or oxygen derivatives of hydrocarbons
or mixtures thereof which is a liquid in the reservoir at standard
conditions. 

(3)	"Custody transfer" means the transfer of produced crude oil or
condensate, after processing or treating in the producing operations,
from storage tanks or automatic transfer facilities to pipelines or any
other forms of transportation.

(4)	"External floating roof" means a storage vessel cover in an open top
tank consisting of a double deck or pontoon single deck which rests upon
and is supported by the petroleum liquid being contained and is equipped
with a closure seal or seals to close the space between the roof edge
and tank shell.

(5)	"Internal floating roof" means a cover or roof in a fixed roof tank
which rests upon or is floated upon the petroleum liquid being
contained, and is equipped with a closure seal or seals to close the
space between the roof edge and tank shell.

(6)	"Liquid-mounted seal" means a primary seal mounted so the bottom of
the seal covers the liquid surface between the tank shell and the
floating roof.

(7)	"Vapor-mounted seal" means a primary seal mounted so there is an
annular vapor space underneath the seal. The annular vapor space is
bounded by the bottom of the primary seal, the tank shell, the liquid
surface, and the floating roof.

(8)	"Petroleum liquids" means crude oil, condensate, and any finished or
intermediate products manufactured or extracted in a petroleum refinery.

(b) This Rule applies to all external floating roof tanks with
capacities greater than 950 barrels containing petroleum liquids whose
true vapor pressure exceed 1.52 pounds per square inch absolute. 

(c) This Rule does not apply to petroleum liquid storage vessels: 

(1)	that have external floating roofs that have capacities less than
10,000 barrels and that are used to store produced crude oil and
condensate prior to custody transfer;

(2)	that have external floating roofs and that store waxy, heavy-pour
crudes;

(3)	that have external floating roofs, and that contain a petroleum
liquid with a true vapor pressure less than 4.0 pounds per square inch
absolute and:

(A)	The tanks are of welded construction; and 

(B)	The primary seal is a metallic-type shoe seal, a liquid-mounted foam
seal, a liquid-mounted filled type seal, or any other closure device of
demonstrated equivalence; or 

(4)	that have fixed roofs with or without internal floating roofs.

(d) With the exceptions stated in Paragraph (c) of this Rule, an
external floating roof tank subject to this Rule shall not be used
unless:

(1)	The tank has: 

(A)	a continuous secondary seal extending from the floating roof to the
tank wall (a rim-mounted secondary); 

(B)	a metallic-type shoe primary seal and a secondary seal from the top
of the shoe seal to the tank wall (shoe-mounted secondary seal); or

(C)	a closure or other control device demonstrated to have an efficiency
equal to or greater than that required under Part (A) or (B) of this
Subparagraph; 

(2)	The seal closure devices meet the following requirements:

(A)	There shall be no visible holes, tears, or other openings in the
seal or seal fabric; 

(B)	The seal shall be intact and uniformly in place around the
circumference of the floating roof between the floating roof and the
tank wall; and

(C)	For vapor mounted primary seals, the gap-area of gaps exceeding
0.125 inch in width between the secondary seal and the tank wall shall
not exceed 1.0 square inch per foot of tank diameter;

(3)	All openings in the external floating roof, except for automatic
bleeder vents, rim space vents, and leg sleeves, are:

(A)	provided with a projection below the liquid surface; and

(B)	equipped with covers, seals, or lids that remain in a closed
position at all times except when in actual use;

(4)	Automatic bleeder vents are closed at all times except when the roof
is floated off or landed on the roof leg supports;

(5)	Rim vents are set to open only when the roof is being floated off
the roof leg supports or at the manufacturer's recommended setting;

(6)	Any emergency roof drains are provided with slotted membrane fabric
covers or equivalent covers that cover at least 90 percent of the area
at the opening;

(7)	Routine visual inspections are conducted once per month;

(8)	For tanks equipped with a vapor-mounted primary seal, the secondary
seal gap measurements are made annually in accordance with Paragraph (e)
of this Rule; and

(9)	Records are maintained in accordance with Rule .0903 of this Section
and include: 

(A)	reports of the results of inspections conducted under Subparagraph
(7) and (8) of this Paragraph;

(B)	a record of the average monthly storage temperature and the true
vapor pressures or Reid vapor pressures of the petroleum liquids stored;
and

(C)	records of the throughput quantities and types of volatile petroleum
liquids for each storage vessel.

(e) The secondary seal gap area is determined by measuring the length
and width of the gaps around the entire circumference of the secondary
seal. Only gaps equal to or greater than 0.125 inch are used in
computing the gap area. The area of the gaps are accumulated to
determine compliance with Part (d)(2)(C) of this Rule.

(f) Notwithstanding the definition of volatile organic compound found in
Rule .0901(28) of this Section, the owner or operator of a petroleum
liquid storage vessel with an external floating roof not equipped with a
secondary seal or approved alternative, that contains a petroleum liquid
with a true vapor pressure greater than 1.0 pound per square inch shall
maintain records of the average monthly storage temperature, the type of
liquid, throughput quantities, and the maximum true vapor pressure for
all petroleum liquids with a true vapor pressure greater than 1.0 pound
per square inch. 

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

Eff. July 1, 1980;

Amended Eff. June 1, 2004; July 1, 1994; March 1, 1991; December 1,
1989; January 1, 1985.

15A NCAC 02D .0934	COATING OF MISCELLANEOUS METAL PARTS AND PRODUCTS

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Heat sensitive material" means materials that cannot be exposed to
temperatures greater than 180(F to 200(F.

(2)	"Air dried coating" means coatings which are dried by the use of air
or a forced air drier.

(3)	"Clear coat" means a coating which lacks color and opacity.

(4)	"Extreme performance coatings" means coatings designed for harsh
exposure or extreme environmental conditions.

(5)	"Extreme environmental conditions" means exposure to:

(A)	the weather at all times;

(B)	temperatures consistently above 203(F;

(C)	detergents, scouring, solvents, or corrosive atmospheres; or

(D)	other similar environmental conditions.

(b)  This Rule applies to application areas, flashoff areas, ovens and
other processes that are used in the coating of metal parts and products
of the following types of manufacturing plants:

(1)	large farm machinery including harvesting, fertilizing and planting
machines, tractors, combines, and other similar machines;

(2)	small farm machinery including lawn and garden tractors, lawn
mowers, rototillers, and other similar machines;

(3)	small appliances including fans, mixers, blenders, crock pots,
dehumidifiers, vacuum cleaners, and other similar machines;

(4)	commercial machinery including computers and auxiliary equipment,
typewriters, calculators, vending  machines, and other similar machines;

(5)	industrial machinery including pumps, compressors, conveyor
components, fans, blowers, transformers, and other similar machines;

(6)	fabricated metal products including metal covered doors, frames and
other similar structures; and

(7)	any other manufacturing plant that coats metal parts or products.

(c)  This Rule does not apply to:

(1)	sources covered by Rules .0917, .0918, .0919, .0922, .0923, and
.0924 of this Section;

(2)	architectural and maintenance coating;

(3)	coating of airplane exterior;

(4)	automobile refinishing;

(5)	customized coating of automobiles and trucks; or

(6)	exterior of marine vessels.

(d)  With the exception stated in Paragraph (e) of this Rule, emissions
of volatile organic compounds from any coating line subject to this Rule
shall not exceed:

(1)	10.3 pounds of volatile organic compounds per gallon of solids
delivered to a coating applicator that applies clear coatings;

(2)	6.7 pounds of volatile organic compounds per gallon of solids
delivered to a coating applicator in a coating application system that
utilized air or forced air driers;

(3)	6.7 pounds of volatile organic compounds per gallon of solids
delivered to a coating applicator that applies extreme performance
coatings;

(4)	5.1 pounds of volatile organic compounds per gallon of solids
delivered to a coating applicator that applies coatings of five or more
color changes or of five or more colors or applies the coating that is
the first coat on untreated ferrous substrate; or

(5)	where there are less than five color changes and less than five
colors are applied:

(A)	0.4 pounds of volatile organic compounds per gallon of solids
delivered to a coating applicator that applies powder coatings; or

(B)	5.1 pounds of volatile organic compounds per gallon of solids
delivered to a coating applicator for any other type of coating. 
Whenever more than one of the aforementioned emission limitations may
apply to a process, then the least stringent emission limitation shall
apply to the process.

(e)  Any source which has chosen to control emissions of volatile
organic compounds under Rule .0518(e) of this Subchapter and which has
installed air pollution control equipment in accordance with an air
quality permit in order to comply with this Rule before December 1,
1989, may comply with the limits contained in this Paragraph instead of
those contained in Paragraph (d) of this Rule.  Emissions of volatile
organic compounds from any coating line subject to this Rule shall not
exceed:

(1)	4.3 pounds of volatile organic compounds per gallon of coating,
excluding water and exempt compounds, delivered to a coating applicator
that applies clear coatings; 

(2)	3.5 pounds of volatile organic compounds per gallon of coating,
excluding water and exempt compounds, delivered to a coating applicator
in a coating application system that utilized air or forced air driers;

(3)	3.5 pounds of volatile organic compounds per gallon of coating,
excluding water and exempt compounds, delivered to a coating applicator
that  applies extreme performance coatings;

(4)	3.0 pounds of volatile organic compounds per gallon of coating,
excluding water and exempt compounds, delivered to a coating applicator
that applies coatings of five or more color changes or of five or more
colors or applies the coating that is the first coat on untreated
ferrous substrate; or

(5)	where there are less than five color changes and less than five
colors are applied:

(A)	0.4 pounds of volatile organic compounds per gallon of coating,
excluding water and exempt compounds, delivered to a coating applicator
that applies powder coatings; or 

(B)	3.0 pounds of volatile organic compounds per gallon, excluding water
and exempt solvents, delivered to a coating applicator for any other
type of coating.

Whenever more than one of the aforementioned emission limitations may
apply to a process, then the least stringent emission limitation shall
apply to the process.

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

Eff. July 1, 1980;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989; January 1,
1985.

15A NCAC 02D .0935	FACTORY SURFACE COATING OF FLAT WOOD PANELING

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Class II hardboard paneling finishes" means finishes which meet the
specifications of Voluntary Product Standard PS-59-73 as approved by the
American National Standards Institute.

(2)	"Hardboard" is a panel manufactured primarily from inter-felted
lignocellulosic fibers which are consolidated under heat and pressure in
a hot-press.

(3)	"Hardwood plywood" means plywood whose surface layer is a veneer of
hardwood.

(4)	"Natural finish hardwood plywood panel" means a panel whose original
grain pattern is enhanced by essentially transparent finishes frequently
supplemented by fillers and toners.

(5)	"Particle board" means a manufactured board made of individual wood
particles which have been coated with a binder and formed into flat
sheets by pressure.  Thin particleboard has a thickness of one-fourth
inch or less.

(6)	"Printed panel" means a panel whose grain or natural surface is
obscured by fillers and basecoats upon which a simulated grain or
decorative pattern is printed.

(7)	"Tileboard" means paneling that has a colored waterproof surface
coating.

(b)  This Rule applies to factory finishing of the following flat wood
products:

(1)	printed interior wall panels made of hardwood plywood and thin
particleboard;

(2)	natural finish hardwood plywood panels; and

(3)	class II finishes of hardboard paneling.

(c)  This Rule does not apply to the following factory finished flat
wood products:

(1)	exterior siding,

(2)	tileboard,

(3)	particleboard used in cabinetry or furniture,

(4)	insulation board, or

(5)	softwood plywood.

(d)  Emissions of volatile organic compounds from any factory finished
flat wood product operation subject to this Rule shall not exceed:

(1)	6.0 pounds of volatile organic compounds per 1,000 square feet of
coated finished product of printed interior wall panels made of hardwood
plywood and thin particle board, or

(2)	12.0 pounds of volatile organic compounds per 1,000 square feet of
coated finished product of natural finish hardwood plywood panels, or

(3)	10.0 pounds of volatile organic compounds per 1,000 square feet of
coated finished product of class II finishes on hardboard paneling.

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

Eff. July 1, 1980;

Amended Eff. July 1, 1996; December 1, 1989; January 1, 1985.

15A NCAC 02D .0936	GRAPHIC ARTS

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Flexographic printing" means the application of words, designs and
pictures to a substrate by means of a roll printing technique in which
both the pattern to be applied is raised above the printing roll and the
image carrier is made of rubber or other elastometric materials.

(2)	"Packaging rotogravure printing" means printing with a gravure press
upon paper, paper board, metal foil, plastic film, and other substrates,
which are, in subsequent operation, formed into containers and labels
for articles to be sold.

(3)	"Printing" means the formation of words, designs and pictures,
usually by a series of application rolls each with only partial
coverage.

(4)	"Publication rotogravure printing" means printing upon paper which
is subsequently formed into books, magazines, catalogues, brochures,
directories, newspaper supplements, and other types of printed
materials.

(5)	"Roll printing" means the application of words, designs and pictures
to a substrate by means of hard rubber or steel rolls.

(b)  This Rule applies to:

(1)	flexographic printing, packaging rotogravure printing and
publication rotogravure printing operations; or

(2)	machines that have both coating units and printing units.

(c)  This Rule does not apply to facilities where the potential
emissions of volatile organic compounds is less than 100 tons per year.

(d)  Emissions of volatile organic compounds from any printing press or
drying oven of a printing operation subject to this Rule shall not be
discharged into the atmosphere unless:

(1)	The captured volatile organic compound emissions are reduced by at
least 90 percent by an incineration system or 95 percent by a carbon
adsorption system or any other control system; and:

(A)	For packaging rotogravure printing operations, at least 65 percent
overall reduction of the volatile organic compound emissions is
achieved;

(B)	For publication rotogravure printing operations at least 75 percent
overall reduction of the volatile organic compound emissions is
achieved; and

(C)	For flexographic printing operations, at least 60 percent overall
reduction of the volatile organic compound emissions is achieved;

(2)	The solvent portion of the ink, as it is applied on the substrate,
consists of at least 75 percent water by volume and no more than 25
percent organic solvent by volume;

(3)	The ink contains by volume at least 60 percent nonvolatile material;

(4)	The printing system uses a combination of solvent-borne and
water-borne ink such that at least a 70 percent by volume overall
reduction in solvent usage is achieved when compared to all
solvent-borne ink usage, or

(5)	The ink, including any solvents that may be added to it, contains no
more than 0.5 pounds of volatile organic compounds per pound of solids
in the ink; only flexographic printing and packaging rotogravure
printing may use this option.

(e)  When a facility complies with this Rule using the provision of
Subparagraph (d)(4) of this Rule, the permit shall contain a condition
stating the maximum quantity of solvent-borne ink that each printing
unit may use or that the facility as a whole may use.

(f)  Equivalency calculations for emissions trading, cross-line
averaging, or determining compliance with add-on control equipment shall
be performed in units of pounds of volatile organic compounds per gallon
of solids.

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

Eff. July 1, 1980;

Amended Eff. December 1, 1993; December 1, 1989; January 1, 1985; June
1, 1981.

15A NCAC 02D .0937	MANUFACTURE OF PNEUMATIC RUBBER TIRES

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Bead dipping" means the dipping of an assembled tire bead into a
solvent based cement.

(2)	"Green tires" means assembled tires before molding and curing have
occurred.

(3)	"Green tire spraying" means the spraying of green tires, both inside
and outside, with release compounds which help remove air from the tire
during molding and prevent the tire from sticking to the mold after
curing.

(4)	"Pneumatic rubber tire manufacture" means the production of
passenger car tires, light and medium truck tires, and other tires
manufactured on assembly lines.

(5)	"Tread end cementing" means the application of a solvent based
cement to the tire tread ends.

(6)	"Undertread cementing" means the application of a solvent based
cement to the underside of a tire tread.

(b)  This Rule applies to undertread cementing, tread end cementing,
bead dipping, and green tire spraying operations of pneumatic rubber
tire manufacturing.

(c)  With the exception stated in Paragraph (d) of this Rule, emissions
of volatile organic compounds from any pneumatic rubber tire
manufacturing plant shall not exceed:

(1)	25 grams of volatile organic compounds per tire from each undertread
cementing operation,

(2)	4.0 grams of volatile organic compounds per tire from each tread end
cementing operation,

(3)	1.9 grams of volatile organic compounds per tire from each bead
dipping operation, or

(4)	24 grams of volatile organic compounds per tire from each green tire
spraying operation.

(d)  If the total volatile organic compound emissions from all
undertread cementing, tread end cementing, bead dipping, and green tire
spraying operations at a pneumatic rubber tire manufacturing facility
does not exceed 50 grams per tire, Paragraph (c) of this Rule shall not
apply.

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

Eff. July 1, 1980;

Amended Eff. July 1, 1996; December 1, 1989; January 1, 1985.

15A NCAC 02D .0943	SYNTHETIC ORGANIC CHEMICAL AND POLYMER MANUFACTURING

(a)  For the purposes of this Rule, the following definitions apply:

(1)	"Closed vent system" means a system which is not open to the
atmosphere and which is composed of piping, connections, and if
necessary, flow inducing devices that transport gas or vapor from a
fugitive emission source to an enclosed combustion device or vapor
recovery system.

(2)	"Enclosed combustion device" means any combustion device which is
not open to the atmosphere such as a process heater or furnace, but not
a flare.

(3)	"Fugitive emission source" means each pump, valve, safety/relief
valve, open-ended valve, flange or other connector, compressor, or
sampling system.

(4)	"In gas vapor service" means that the fugitive emission source
contains process fluid that is in the gaseous state at operating
conditions.

(5)	"In light liquid service" means that the fugitive emission source
contains a liquid having:

(A)	a vapor pressure of one or more of the components greater than 0.3
kilopascals at 201° C; and

(B)	a total concentration of the pure components having a vapor pressure
greater than 0.3 kilopascals at 201° C equal to or greater than 10
percent by weight, and the fluid is a liquid at operating conditions.

(6)	"Open-ended valve" means any valve, except safety/relief valves,
with one side of the valve seat in contact with process fluid and one
side that is open to the atmosphere, either directly or through open
piping.

(7)	"Polymer manufacturing" means the industry that produces, as
intermediates or final products, polyethylene, polypropylene, or
polystyrene.

(8)	"Process unit" means equipment assembled to produce, as
intermediates or final products, polyethylene, polypropylene,
polystyrene, or one or more of the chemicals listed in 40 CFR 60.489.  A
process unit can operate independently if supplied with sufficient feed
or raw materials and sufficient storage facilities for the final
product.

(9)	"Quarter" means a three month period.  The first quarter concludes
at the end of the last full month during the 180 days following initial
start-up.

(10)	"Synthetic organic chemical manufacturing" means the industry that
produces, as intermediates or final products, one or more of the
chemicals listed in 40 CFR Part 60.489.

(b)  This Rule applies to synthetic organic chemicals manufacturing
facilities and polymer manufacturing facilities.

(c)  The owner or operator of a synthetic organic chemical manufacturing
facility or a polymer manufacturing facility shall not cause, allow or
permit:

(1)	any liquid leakage of volatile organic compounds; or

(2)	any gaseous leakage of volatile organic compound of 10,000 ppm or
greater from any fugitive emission source.

The owner or operator of these facilities shall control emissions of
volatile organic compounds from open-ended valves as described in
Paragraph (f) of this Rule.

(d)  The owner or operator shall visually inspect each week every pump
in light liquid service.  If there are indications of liquid leakage,
the owner or operator shall repair the pump within 15 days after
detection except as provided in Paragraph (k) of this Rule.

(e)  Using procedures in Section .2600 of this Section, the owner or
operator shall monitor each pump, valve, compressor and safety/relief
valve in gas/vapor service or in light liquid service for gaseous leaks
at least once each quarter.  The owner or operator shall monitor
safety/relief valves after each overpressure relief to ensure the valve
has properly reseated.  If a volatile organic compound concentration of
10,000 ppm or greater is measured, the owner or operator shall repair
the component within 15 days after detection except as provided in
Paragraph (k) of this Rule.  Exceptions to the quarterly monitoring
frequency are provided for in Paragraphs (h), (i) and (j) of this Rule.

(f)  The owner or operator shall install on each open-ended valve:

(1)	a cap,

(2)	a blind flange,

(3)	a plug, or

(4)	a second closed valve,

which shall remained attached to seal the open end at all times except
during operations requiring process fluid flow through the opened line.

(g)  If any fugitive emission source appears to be leaking on the basis
of sight, smell, or sound, it shall be repaired within 15 days after
detection except as provided in Paragraph (k) of this Rule.

(h)  If after four consecutive quarters of monitoring no more than two
percent of the valves in gas/vapor service or in light liquid service
are found leaking more than 10,000 ppm of volatile organic compounds,
then the owner or operator may monitor valves for gaseous leaks only
every third quarter.  If the number of these valves leaking more than
10,000 ppm of volatile organic compounds remains at or below two
percent, these valves need only be monitored for gaseous leaks every
third quarter. However, if more than two percent of these valves are
found leaking more than 10,000 ppm of volatile organic compounds, they
shall be monitored every quarter until four consecutive quarters are
monitored which have no more than two percent of these valves leaking
more than 10,000 ppm of volatile organic compounds.

(i)  When a fugitive emission source is unsafe to monitor because of
extreme temperatures, pressures, or other reasons, the owner or operator
of the facility shall monitor the fugitive emission source only when
process conditions are such that the fugitive emission source is not
operating under extreme conditions.  The Director may allow monitoring
of these fugitive emission sources less frequently than each quarter,
provided they are monitored at least once per year.

(j)  Any fugitive emission source more than 12 feet above a permanent
support surface may be monitored only once per year.

(k)  The repair of a fugitive emission source may be delayed until the
next turnaround if the repair is technically infeasible without a
complete or partial shutdown of the process unit.

(l)  The owner or operator of the facility shall maintain records in
accordance with Rule .0903 of this Section, which shall include:

(1)	identification of the source being inspected or monitored,

(2)	dates of inspection or monitoring,

(3)	results of inspection or monitoring,

(4)	action taken if a leak was detected,

(5)	type of repair made and when it was made, and

(6)	if the repair were delayed, an explanation as to why.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
150B-14(c);

Eff. May 1, 1985;

Amended Eff. June 1, 2008; March 1, 1991; December 1, 1989.

15A NCAC 02D .0944	MANUFACTURE OF POLYETHYLENE: POLYPROPYLENE AND
POLYSTYRENE

(a)  For the purpose of this Regulation, the following definitions
apply:

(1)	"By-product and diluent recovery operation" means the process that
separates the diluent from the by-product (atactic) and purifies and
dries the diluent for recycle.

(2)	"Continuous mixer" means the process that mixes polymer with
anti-oxidants.

(3)	"Decanter" means the process that separates the diluent/crude
product slurry from the alcohol-water solution by decantation.

(4)	"Ethylene recycle treater" means the process that removes water and
other impurities from the recovered ethylene.

(5)	"High-density polyethylene plants using liquid phase slurry
processes" means plants that produce high-density polyethylene in which
the product, polyethylene, is carried as a slurry in a continuous stream
of process diluent, usually pentane or isobutane.

(6)	"Neutralizer" means the process that removes catalyst residue from
the diluent/crude produce slurry.

(7)	"Polypropylene plants using liquid phase process" means plants that
produce polypropylene in which the product, polypropylene, is carried as
a slurry in a continuous stream of process diluent, usually hexane.

(8)	"Polystyrene plants using continuous processes" means plants which
produce polystyrene in which the product, polystyrene, is transferred in
a continuous stream in a molten state.

(9)	"Product devolatilizer system" means the process that separates
unreacted styrene monomer and by products from the polymer melt.

(10)	"Reactor" means the process in which the polymerization takes
place.

(b)  This Regulation applies to:

(1)	polypropylene plants using liquid phase processes,

(2)	high-density polyethylene plants using liquid phase slurry
processes, and

(3)	polystyrene plants using continuous processes.

(c)  For polypropylene plants subject to this Regulation, the emissions
of volatile organic compounds shall be reduced by 98 percent by weight
or to 20 ppm, whichever is less stringent, from:

(1)	reactor vents,

(2)	decanter vents,

(3)	neutralizer vents,

(4)	by-product and diluent recovery operation vents,

(5)	dryer vents, and

(6)	extrusion and pelletizing vents.

(d)  For high-density polyethylene plants subject to this Regulation,
the emissions of volatile organic compounds shall be reduced by 98
percent by weight or to 20 ppm, whichever is less stringent, from:

(1)	ethylene recycle treater vents,

(2)	dryer vents, and

(3)	continuous mixer vents.

(e)  For polystyrene plants subject to this Regulation, the emissions of
volatile organic compounds shall not exceed 0.24 pounds per ton of
product from the product devolatilizer system.

(f)  If flares are used to comply with this Regulation all of the
following conditions shall be met:

(1)	Visible emissions shall not exceed five minutes in any two-hour
period.

(2)	A flame shall be present.

(3)	If the flame is steam-assisted or air-assisted, the net heating
value shall be at least 300 BTU per standard cubic foot.  If the flame
is non-assisted, the net heating value shall be at least 200 BTU per
standard cubic foot.

(4)	If the flare is steam-assisted or non-assisted, the exit velocity
shall be no more than 60 feet per second.  If the flare is air-assisted,
the exit velocity shall be no more than (8.706 + 0.7084 HT) feet per
second, where HT is the net heating value.

A flare that meets the conditions given in Subparagraphs (1) through (4)
of this Paragraph are presumed to achieve 98 percent destruction of
volatile organic compounds by weight.  If the owner or operator of the
source chooses to use a flare that fails to meet one or more of these
conditions, he shall demonstrate to the Director that the flare shall
destroy at least 98 percent of the volatile organic compounds by weight.
To determine if the specifications for the flare are being met, the
owner or operator of a source using the flare to control volatile
organic compound emissions shall install, operate, and maintain
necessary monitoring instruments and shall keep necessary records as
required by Regulation .0903 of this Section.

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

Eff. May 1, 1985.

15A NCAC 02D .0945	PETROLEUM DRY CLEANING

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Cartridge filter" means perforated canisters containing filtration
paper or filter paper and activated carbon that are used in a
pressurized system to remove solid particles and fugitive dyes from
soil-laden solvent, together with the piping and ductwork used in the
installation of this device.

(2)	"Containers and conveyors of solvent" means piping, ductwork, pumps,
storage tanks, and other ancillary equipment that are associated with
the installation and operation of washers, dryers, filters, stills, and
settling tanks.

(3)	"Dry cleaning" means a process for the cleaning of textiles and
fabric products in which articles are washed in a non-aqueous solution
(solvent) and then dried by exposure to a heated air stream.

(4)	"Dryer" means a machine used to remove petroleum solvent from
articles of clothing or other textile or leather goods, after washing
and removing of excess petroleum solvent, together with the piping and
ductwork used in the installation of this device.

(5)	"Perceptible leaks" means any petroleum solvent vapor or liquid
leaks that are conspicuous from visual observation or that bubble after
application of a soap solution, such as pools or droplets of liquid,
open containers of solvent, or solvent laden waste standing open to the
atmosphere.

(6)	"Petroleum solvent" means organic material produced by petroleum
distillation comprising a hydrocarbon range of eight to 12 carbon atoms
per organic molecule that exists as a liquid under standard conditions.

(7)	"Petroleum solvent dry cleaning" means a dry cleaning facility that
uses petroleum solvent in a combination of washers, dryers, filters,
stills, and settling tanks.

(8)	"Settling tank" means a container which gravimetrically separates
oils, grease, and dirt from petroleum solvent, together with the piping
and ductwork used in the installation of the device.

(9)	"Solvent filter" means a discrete solvent filter unit containing a
porous medium which traps and removes contaminants from petroleum
solvent, together with the piping and ductwork used in the installation
of this device.

(10)	"Solvent recovery dryer" means a class of dry cleaning dryers that
employs a condenser to condense and recover solvent vapors evaporated in
a closed-loop stream of heated air, together with the piping and
ductwork used in the installation of this device.

(11)	"Still" means a device used to volatilize, separate, and recover
petroleum solvent from contaminated solvent, together with the piping
and ductwork used in the installation of this device.

(12)	"Washer" means a machine which agitates fabric articles in a
petroleum solvent bath and spins the articles to remove the solvent,
together with the piping and ductwork used in the installation of this
device.

(b)  This Rule applies to petroleum solvent washers, dryers, solvent
filters, settling tanks, stills, and other containers and conveyors of
petroleum solvent that are used in petroleum solvent dry cleaning
facilities that consume 32,500 gallons or more of petroleum solvent
annually.

(c)  The owner or operator of a petroleum solvent dry cleaning dryer
subject to this Rule shall:

(1)	limit emissions of volatile organic compounds to the atmosphere to
an average of 3.5 pounds of volatile organic compounds per 100 pounds
dry weight of articles dry cleaned, or

(2)	install and operate a solvent recovery dryer in a manner such that
the dryer remains closed and the recovery phase continues until a final
recovered solvent flow rate of 50 milliliters per minute is attained.

(d)  The owner or operator of a petroleum solvent filter subject to this
Rule shall:

(1)	reduce the volatile organic compound content in all filter wastes to
1.0 pound or less per 100 pounds dry weight of articles dry cleaned,
before disposal and exposure to the atmosphere; or

(2)	install and operate a cartridge filter and drain the filter
cartridges in their sealed housings for 8 hours or more before their
removal.

(e)  The owner or operator of a petroleum solvent dry cleaning facility
subject to this Rule shall inspect the facility every 15 days and shall
repair all perceptible leaks within 15 working days after identifying
the sources of the leaks.  If necessary repair parts are not on hand,
the owner or operator shall order these parts within 15 working days and
repair the leaks no later than 15 working days following the arrival of
the necessary parts.  The owner or operator shall maintain records, in
accordance with Rule.0903 of this Section, of when inspections were
made, what was inspected, leaks found, repairs made and when repairs
were made.

(f)  To determine compliance with Subparagraph (c)(1) of this Rule, the
owner or operator shall use the test method in Section .2600 of this
Subchapter and shall:

(1)	field calibrate the flame ionization analyzer with propane
standards;

(2)	determine in a laboratory the ratio of the flame ionization analyzer
response to a given parts per million by volume concentration of propane
to the response to the same parts per million concentration of the
volatile organic compounds to be measured;

(3)	determine the weight of volatile organic compounds vented to the
atmosphere by:

(A)	multiplying the ratio determined in Subparagraph (2) of this
Paragraph by the measured concentration of volatile organic compound gas
(as propane) as indicated by the flame ionization analyzer response
output record,

(B)	converting the parts per million by volume value calculated in Part
(A) of this Subparagraph into a mass concentration value for the
volatile organic compounds present, and

(C)	multiplying the mass concentration value calculated in Part (B) of
this Subparagraph by the exhaust flow rate, and

(4)	Calculate and record the dry weight of articles dry cleaned.  The
test shall be repeated for normal operating conditions that encompass at
least 30 dryer loads that total not less than 4,000 pounds dry weight
and that represent a normal range of variation in fabrics, solvents,
load weights, temperatures, flow rates, and process deviations.

(g)  To determine compliance with Subparagraph (c)(2) of this Rule, the
owner or operator shall verify that the flow rate of recovered solvent
from the solvent recovery dryer at the termination of the recovery phase
is no greater than 50 milliliters per minute.  This one-time procedure
shall be conducted for a duration of not less than two weeks during
which not less than 50 percent of the dryer loads shall be monitored for
their final recovered solvent flow rate.   Near the end of the recovery
cycle, the flow of recovered solvent shall be diverted to a graduated
cylinder.  The cycle shall continue until the minimum flow of solvent
is 50 milliliters per minute.  The type of articles cleaned and the
total length of the cycle shall be recorded.

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

Eff. May 1, 1985;

Amended Eff. June 1, 2008. 

15A NCAC 02D .0947	MANUFACTURE OF SYNTHESIZED PHARMACEUTICAL PRODUCTS

(a)  For the purposes of this Rule, the following definitions apply:

(1)	"Production equipment exhaust system" means a device for collecting
and directing out of the work area fugitive emissions of volatile
organic compounds from reactor openings, centrifuge openings, and other
vessel openings for the purpose of protecting workers from excessive
exposure to volatile organic compounds.

(2)	"Synthesized pharmaceutical manufacturing" means manufacture of
pharmaceutical products by chemical synthesis.

(b)  This Rule applies to synthesized pharmaceutical products
manufacturing facilities.

(c)  The owner or operator of a synthesized pharmaceutical products
manufacturing facility shall control the emissions of volatile organic
compounds from:

(1)	reactors, distillation operations, crystallizers, centrifuges, and
vacuum dryers that have the potential to emit 15 pounds per day or more
of volatile organic compounds with surface condensers that meet the
requirements of Paragraph (e) of this Rule or equivalent controls;

(2)	air dryers and production equipment exhaust system by reducing
emissions of volatile organic compounds:

(A)	by 90 percent if they are 330 pounds per day or more; or

(B)	to 33 pounds per day if they are less than 330 pounds per day;

(3)	storage tanks by:

(A)	providing a vapor balance system or equivalent control that is at
least 90 percent effective in reducing emissions from truck or railcar
deliveries to storage tanks with capacities greater than 2,000 gallons
that store volatile organic compounds with a vapor pressure greater than
4.1 pounds per square inch at 68( F; and

nstalling pressure/vacuum conservation vents, which shall be set  0.8
inches of water unless a more effective control system is used, on all
storage tanks that store volatile organic compounds with a vapor
pressure greater than 1.5 pounds per square inch at 68(F;

(4)	centrifuges containing volatile organic compounds, rotary vacuum
filters processing liquid containing volatile organic compounds, and
other filters having an exposed liquid surface where the liquid contains
volatile organic compounds by enclosing those centrifuges and filters
that contain or process volatile organic compounds with a vapor pressure
of 0.5 pounds per square inch or more at 68(F; and

(5)	in-process tanks by installing covers, which shall remain closed
except when production, sampling, maintenance, or inspection procedures
require operator access.

(d)  The owner or operator of a synthesized pharmaceutical products
manufacturing facility shall repair as expeditiously as possible all
leaks from which liquid volatile organic compounds can be seen running
or dripping.  This repair must take place at least within 15 days after
which said leak is discovered unless the leaking component cannot be
repaired before the process is shutdown in which case the leaking
component must be repaired before the process is restarted.

(e)  If surface condensers are used to comply with Subparagraph (c)(1)
of this Rule, the condenser outlet temperature shall not exceed:

(1)	-13(F when condensing volatile organic compounds of vapor pressure
greater than 5.8 psi at 68(F;

(2)	5(F when condensing volatile organic compounds of vapor pressure
greater than 2.9 psi at 68(F;

(3)	32(F when condensing volatile organic compounds of vapor pressure
greater than 1.5 psi at 68(F;

(4)	50(F when condensing volatile organic compounds of vapor pressure
greater than 1.0 psi at 68(F; or

(5)	77(F when condensing volatile organic compounds of vapor pressure
greater than 0.5 psi at 68(F.

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

Eff. July 1, 1994.

15A NCAC 02D .0948	VOC EMISSIONS FROM TRANSFER OPERATIONS

(a)  This Rule applies to operations that transfer volatile organic
compounds from a storage tank to tank-trucks, trailers, or railroad tank
cars that are not covered by Rule .0926, .0927, or .0928 of this
Section.

(b)  The owner or operator of a facility to which this Rule applies
shall not load in any one day more than 20,000 gallons of volatile
organic compounds with a vapor pressure of 1.5 pounds per square inch or
greater under actual conditions into any tank-truck, trailer, or
railroad tank car from any loading operation unless the loading uses
submerged loading through boom loaders that extend down into the
compartment being loaded or by other methods that are at least as
efficient based on source testing or engineering calculations.

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

Eff. July 1, 1994;

Amended Eff. July 1, 2000.

15A NCAC 02D .0949	STORAGE OF MISCELLANEOUS VOLATILE ORGANIC COMPOUNDS

(a)  This Rule applies to the storage of volatile organic compounds in
stationary tanks, reservoirs, or other containers with a capacity
greater than 50,000 gallons that are not covered by Rule .0925 or .0933.

(b)  The owner or operator of any source to which this Rule applies
shall not place, store, or hold in any stationary tank, reservoir, or
other container with a capacity greater than 50,000 gallons, any liquid
volatile organic compound that has a vapor pressure of 1.5 pounds per
square inch absolute or greater under actual storage conditions unless
such tank, reservoir, or other container:

(1)	is a pressure tank capable of maintaining working pressures
sufficient at all times to prevent vapor gas loss into the atmosphere;
or

(2)	is designed and equipped with one of the following vapor loss
control devices:

(A)	a floating pontoon, double deck type floating roof or internal pan
type floating roof equipped with closure seals to enclose any space
between the cover's edge and compartment wall; this control equipment
shall not be permitted for volatile organic compounds with a vapor
pressure of 11.0 pounds per square inch absolute or greater under actual
storage conditions; all tank gauging or sampling devices shall be
gas-tight except when tank gauging or sampling is taking place;

(B)	a vapor recovery system or other equipment or means of air pollution
control that reduces the emission of organic materials into the
atmosphere by at least 90 percent by weight; all tank gauging or
sampling devices shall be gas-tight except when tank gauging or sampling
is taking place.

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

Eff. July 1, 1994;

Amended Eff. July 1, 2000.

15A NCAC 02D .0951	MISCELLANEOUS VOLATILE ORGANIC COMPOUND EMISSIONS

(a)  With the exceptions in Paragraph (b) of this Rule, this Rule
applies to all facilities that use volatile organic compounds as
solvents, carriers, material processing media, or industrial chemical
reactants, or in other similar uses, or that mix, blend, or manufacture
volatile organic compounds for which there is no other applicable
emissions control rule in this Section except Rule .0958 of this
Section.  If the only other applicable emissions control rule for the
facility in this Section is Rule .0958, then both this Rule and Rule
.0958 apply.

(b)  This Rule does not apply to architectural or maintenance coating.

(c)  The owner or operator of any facility to which this Rule applies
shall:

(1)	install and operate reasonable available control technology; or

(2)	limit emissions of volatile organic compounds from coating lines not
covered by Rules .0917 through .0924, .0934, or .0935 to no more than
6.7 pounds of volatile organic compounds per gallon of solids delivered
to the coating applicator.

(d)  If the owner or operator of a facility chooses to install
reasonable available control technology under Subparagraph (c)(1) of
this Rule, the owner or operator shall submit:

(1)	the name and location of the facility;

(2)	information identifying the source for which a reasonable available
control technology limitation or standard is being proposed;

(3)	a demonstration that shows the proposed reasonable available control
technology limitation or standard satisfies the requirements for
reasonable available control technology; and

(4)	a proposal for demonstrating compliance with the proposed reasonable
control technology limitation or standard.

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

Eff. July 1, 1994;

Amended Eff. July 1, 2000; July 1, 1996.

15A NCAC 02D .0952	PETITION FOR ALTERNATIVE CONTROLS FOR RACT

(a)  With the exceptions in Paragraph (b) of this Rule, this Rule
applies to all sources covered under this Section.

(b)  This Rule does not apply 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 100 tons per year or more; and

(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 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.

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

Eff. July 1, 1994;

Amended Eff. April 1, 2003; July 1, 1995; May 1, 1995.

15A NCAC 02D .0953	VAPOR RETURN PIPING FOR STAGE II VAPOR RECOVERY

(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
vapor-tight 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 manifold to all of the underground tanks.

Each vapor return pipe shall allow the transfer of gasoline vapors to
the tank from which the liquid gasoline is being drawn;

(2)	Pipe diameter shall meet manufacturer's specifications.  If the
manufacturer does not specify diameters, the following minimum pipe
diameters apply.  If the manufacturer only specifies diameters for part
of the system, the following diameters apply for the pipe(s) not
specified.  All fittings, connectors, and joints shall have an inside
diameter equal to the inside diameter of the pipe to which it is
attached.  The following diameters are specified for the number of
nozzles that may be operated at the same time;

(A)	Vapor Recovery Dispenser Risers

(i)	Three-forths of an inch for vapor recovery dispenser risers
returning vapors from one nozzle; or

(ii)	One inch for vapor recovery dispenser risers returning vapors from
two nozzles;

(B)	Vapor Recovery Piping

(i)	At least two inches for six or fewer nozzles; or

(ii)	At least three inches for more than six nozzles;

(3)	All piping and fittings shall be installed in accordance with
manufacturer's instructions and specifications.  Metal pipe shall be
minimum schedule 40 welded or seamless steel per ASTM A-53,
"Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated Welded
and Seamless Pipe".  Fittings shall be 150 pounds cold water screwed
malleable iron. Pipe and fittings shall be galvanized and pipe threads
shall be zinc-coated.  Nonmetallic pipes and fittings shall be U/L
listed under nonmetallic primary pipes and fittings for underground
flammable liquids (gas and oil equipment directory);

(4)	Each vapor return pipe shall slope toward the storage tank with a
minimum grade of 1/8 inches per foot. No low points or sags shall exist
along the return piping;

(5)	All vapor return and vent piping shall be provided with flexible
joints or swing joints at each tank connection and at the base of the
vent pipe riser where it fastens to a building or other structure;

(6)	All vapor return pipe-trenching shall be compacted to 90 percent of
the standard proctor according to ASTM D-698 "Laboratory Compaction
Characteristics of Soil Using Standard Effort" of the area soil before
the pipes are installed and back-filled with sand or other material
approved by the pipe manufacturer at least six inches below and above
the piping;

(7)	The pipes shall not be driven over or in any other way crushed
before paving or surfacing;

(8)	The vapor return piping or manifolded piping on a vacuum assisted
system shall enter a separate opening to the tank from that connected to
the vent pipe or the Stage I piping;

(9)	All vapor return piping shall be tagged at the termination point
recording the function of the piping.  In addition, a record of the
installation of the Stage II vapor return piping shall be kept in the
facility;

(10)	Vent piping shall be constructed of materials in accordance with
Subparagraph (3) of this Paragraph;

(11)	All vent pipes shall be a minimum of two inches inside diameter or
meet the local Fire Codes; and

(12)	All vent pipes shall slope toward the underground storage tank with
a grade of at least 1/8 inch per linear foot.

(e)  Compliance Schedule.  Compliance under Paragraph (d) of this Rule
by the affected facility shall coincide with the completion of the tank
installation or repair.  The owner or operator of a facility shall
notify the Director within 60 days after the day the facility has
exceeded the exemptions under Paragraph (b) of this Rule.  Facilities
that lose their exemption under Paragraph (b) of this Rule shall comply
with this Rule within 18 months after the day the owner or operator of
the facility has notified the Director that the facility has exceeded
its exemption under Paragraph (b) of this Rule.

(f)  Testing Requirements.

(1)	Within 30 days after installation of the vapor return piping, the
owner or operator of the facility shall submit reports of the following
tests to be completed as described in EPA-450/3-91-022b:

(A)	Bay Area Source Test Procedure ST-30, Leak Test Procedure, or San
Diego Test Procedure TP-91-1, Pressure Decay/Leak Test Procedure, and

(B)	Bay Area Source Test Procedure ST-27, Dynamic Back Pressure, or San
Diego Test Procedure TP-91-2, Pressure Drop vs Flow/Liquid Blockage Test
Procedure.

(2)	Testing shall be in accordance with Rule .0912 of this Section.

(3)	The owner or operator of the facility shall notify the Regional
Office Supervisor by telephone at least five business days before
back-filling the trenches and at least 10 business days before the tests
given in Subparagraph (1) of this Paragraph are to be performed to allow
inspection by the Division.  The owner or operator may commence
back-filling five days after notification has been given to the
Division.

(4)	The owner or operator of the facility and the test contractor shall
report all test failures to the Regional Office Supervisor within 24
hours of the failure.

(5)	The Director may require the owner or operator of the facility to
perform any of the tests in Subparagraph (1) of this Paragraph if there
are any modifications or repairs.

(6)	Where the Division conducts a test on the vapor control system, it
shall be without compensating the owner or operator of the facility for
any lost revenues incurred due to the testing procedure.

(g)  Referenced documents.  EPA-450/3-91-022b, "Technical Guidance -
Stage II Vapor Recovery Systems for Control of Vehicle Refueling
Emissions at Gasoline Dispensing Facilities, Volume II: Appendices",
November 1991, cited in this Rule is hereby incorporated by reference
and does not include subsequent amendments or editions.  A copy of this
document is available for inspection at the Regional Offices of the
North Carolina Department of Environment and Natural Resources
(Addresses are given in Rule .0103 of this Subchapter).  Copies of this
document may be obtained through the Library Services Office (MD-35),
U.S. Environmental Protection Agency, Research Triangle Park or National
Technical Information Services (NTIS), 5285 Port Royal Road, Springfield
VA 22161.  The NTIS number for this document is PB-92132851, and the
cost is fifty-two dollars ($52.00).

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a); 150B-21.6;

Eff. July 1, 1994;

Amended Eff. July 1, 1998; July 1, 1996.

15A NCAC 02D .0954	STAGE II VAPOR RECOVERY

(a)  Applicability. In accordance with Paragraphs (e), (f), or (g) of
Rule .0902 of this Section, this Rule applies to the control of gasoline
vapors at the vehicle fill-pipe during refueling operations at a
facility. The vapors shall be captured and returned to a vapor-tight
underground storage tank or shall be captured and destroyed. These
systems shall be installed at all facilities that dispense gasoline to
motor vehicles unless exempted under Paragraph (b) of this Rule.

(b)  Exemptions. The following gasoline dispensing facilities are exempt
from this Rule based upon the previous two years records:

(1)	any facility which dispenses less than 10,000 gallons of gasoline
per calendar month;

(2)	any facility which dispenses less than 50,000 gallons of gasoline
per calendar month and is an independent small business marketer of
gasoline;

(3)	any facility which 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) in this Paragraph shall be subject to all of the
provisions of this Rule in accordance with the schedule given in
Subparagraph (f) of this Rule, and shall remain subject to these
provisions even if the facility's later operation meets the exemption
requirements.

(c)  Proof of Eligibility. 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 the
following:

(1)	chronologically arranged bills of lading for receipt of gasoline
shipments from the last three years, and

(2)	daily inventory of each gasoline type for each day of operation or
equivalent records as required; this shall be maintained for the last
three years.

These records shall be furnished to the Director upon request.

(d)  Definitions. For the purpose of this Rule, the following
definitions apply:

(1)	"CARB" means the California Air Resources Board.

(2)	"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.

(3)	"Defective equipment" means any absence, disconnection, or
malfunction of a Stage II vapor recovery system component which is
required by this Rule including the following:

(A)	a vapor return line that is crimped, flattened or blocked or that
has any hole or slit that allows vapors to leak out;

(B)	a nozzle bellows that has any hole or tear large enough to allow a
1/4 inch diameter cylindrical rod to pass through it or any slit one
inch or more in length;

(C)	a nozzle face-plate or cone that is torn or missing over 25 percent
of its surface;

(D)	a nozzle with no automatic overfill control mechanism or an
inoperable overfill control mechanism;

(E)	an inoperable or malfunctioning vapor processing unit, vacuum
generating device, pressure or vacuum relief valve, vapor check valve or
any other equipment normally used to dispense gasoline, or that is
required by this Rule; or

(F)	a failure to meet the requirements of Paragraph (g) of this Rule.

(4)	"Facility" means any gasoline service station, gasoline dispensing
facility, or gasoline cargo tanker.

(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)	"Pressure Balanced Stage II System" means one which is not
vacuum-assisted. That is, the volume of vapor in the automobile's fuel
tank displaced by the incoming liquid gasoline equals the space in the
underground tank created by the gasoline leaving.

(10)	"Remote Vapor Check Valve" means a check valve in the vapor return
line but not located in the nozzle.

(11)	"Stage II Vapor Recovery" means to the control of gasoline vapor at
the vehicle fill-pipe, where the vapors are captured and returned to a
vapor-tight storage tank or are captured and destroyed.

(12)	"Throughput" means the amount of gasoline dispensed at a facility
during any calendar month after June 30, 1994.

(e)  Stage II Requirements. No person shall transfer or permit the
transfer of gasoline into the fuel tank of any motor vehicle at any
applicable facility unless:

(1)	the transfer is made using a Certified Stage II vapor recovery
system that meets the requirements of the inspections;

(2)	all installed Stage II vapor recovery systems use coaxial vapor
recovery hoses; no dual-hose designs shall be used;

(3)	all installed Stage II vapor recovery systems used are certified by
CARB except that the Stage I system need not be CARB certified. In
addition, no Stage II system shall employ a remote vapor check valve.
Pressure balanced Stage II systems may be used; and

(4)	the underground vapor return piping satisfies the requirements of
Rule .0953 of this Subchapter.

In the event that CARB revokes certification of an installed system, the
owner or operator of the facility shall have four years to modify his
equipment to conform with re-certification requirements unless
modifications involve only the replacement of dispenser check valves,
hoses, or nozzles or appurtenances to these components in which case the
allowed time period is three months. This time period is defined as the
period from the day that the owner or operator of the facility has been
officially notified by the Director.

(f)  Compliance Schedule. If the gasoline service station or gasoline
dispensing facility is subject to the requirements of this Rule in
accordance with Paragraphs (e), (f), or (g) of Rule .0902 of this
Section, compliance shall be achieved no later than:

(1)	one year from the date that the Director notices in the North
Carolina Register that an area is in violation of the ambient air
quality standard for ozone, for facilities having any single monthly
throughput of at least 100,000 gallons per month;

(2)	two years from the date that the Director notices in the North
Carolina Register that an area is in violation of the ambient air
quality standard for ozone, for facilities having any single monthly
throughput of greater than 10,000 gallons but less than 100,000 gallons;

(3)	for affected facilities owned by a single ISBM:

(A)	one year from the date that the Director notices in the North
Carolina Register that an area is in violation of the ambient air
quality standard for ozone, for 33 percent of affected facilities;

(B)	two years from the date that the Director notices in the North
Carolina Register that an area is in violation of the ambient air
quality standard for ozone, for 66 percent of the affected facilities;

(C)	three years from the date that the Director notices in the North
Carolina Register that an area is in violation of the ambient air
quality standard for ozone, for the remainder of the affected
facilities;

(4)	18 months after the day the owner or operator of the facility has
been notified by the Director that his exemption under Paragraph (b) of
this Rule has been revoked; or

(5)	before beginning operation for islands constructed after the
Director notices in the North Carolina Register that an area is in
violation of the ambient air quality standard for ozone.

(g)  Testing Requirements

(1)	Within 30 days after the commencement of operation of the Stage II
system and every five years thereafter, the owner or operator of the
facility shall submit reports of the following tests as described in
EPA-450/3-91-022b:

(A)	Bay Area Source Test Procedure ST-30, Leak Test Procedure, or San
Diego Test Procedure TP-91-1, Pressure Decay/Leak Test Procedure every
five years;

(B)	Bay Area Source Test Procedure ST-27, Dynamic Back Pressure, or San
Diego Test Procedure TP-91-2, Pressure Drop vs Flow/Liquid Blockage Test
Procedure every five years; and

(C)	Bay Area Source Test Procedure ST-37, Liquid Removal Devices every
five years.

If the tests have been performed within the last two years the owner or
operator may submit a copy of those tests in lieu of retesting. Testing
shall be in accordance with Rule .0912 of this Section.

(2)	The owner or operator shall perform daily testing and inspections as
follows:

(A)	daily tests to ensure proper functioning of nozzle automatic
overfill control mechanisms and flow prohibiting mechanisms, and

(B)	daily visual inspection of the nozzle bellows and face-plate.

(3)	The owner or operator of the facility and the test contractor shall
report all test failures to the Regional Office Supervisor within 24
hours of the failure.

(4)	The Director may require the owner or operator of the facility to
perform any of the tests in Subparagraph (1) of this Paragraph if there
are any modifications or repairs.

(5)	Where the Division of Air Quality conducts tests or upon requirement
from the Director to test the vapor control system it shall be without
compensating the owner or operator of the facility for any lost revenues
incurred due to the testing procedure.

(h)  Operating Instructions and Posting

(1)	The owner or operator of the facility shall post operating
instructions for the vapor recovery system on the top one-third of the
front of each gasoline dispenser to include the following:

(A)	a clear description of how to correctly dispense gasoline with the
vapor recovery nozzles,

(B)	a warning that repeated attempts to continue dispensing gasoline,
after the system has indicated that the vehicle fuel tank is full (by
automatically shutting off), may result in spillage or recirculation of
gasoline,

(C)	a telephone number to report problems experienced with the vapor
recovery system to the owner or operator of the facility, and

(D)	a telephone number to report problems experienced with the vapor
recovery system to the Director.

(2)	The owner or operator shall provide written instructions on site as
detailed in EPA-450/3-91-022b to insure that employees of the facility
have an accurate understanding of the operation of the system and, in
particular, when the system is malfunctioning and requires repair.

(i)  Other General Requirements. The owner or operator of the facility
shall conspicuously post "Out of Order" signs on any nozzle associated
with any aboveground part of the vapor recovery system which is
defective until the system has been repaired to bring it back into
compliance with this Rule.

(j)  Record-keeping and Reporting. Owners or operators of the facility
shall maintain records in accordance with Rule .0903 of this Section on
compliance and testing.

(k)  Referenced document. EPA-450/3-91-022b, "Technical Guidance - Stage
II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at
Gasoline Dispensing Facilities, Volume II: Appendices", November 1991,
cited in this Rule is hereby incorporated by reference and does not
include subsequent amendments or editions. A copy of this document is
available for inspection at the Regional Offices of the North Carolina
Department of Environment and Natural Resources (addresses are given in
Rule .0103 of this Subchapter). Copies of this document may be obtained
through the Library Services Office (MD-35), U. S. Environmental
Protection Agency, Research Triangle Park or National Technical
Information Services, 5285 Port Royal Road, Springfield VA 22161. The
NTIS number for this document is PB-92132851 and the cost is fifty-two
dollars ($52.00).

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a); 150B-21.6;

Eff. May 1, 1995;

Amended Eff. April 1, 2003; April 1, 1997; July 1, 1996; April 1, 1996;
May 1, 1995.

15A NCAC 02D .0955	THREAD BONDING MANUFACTURING

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Capture hoods" means any device designed to remove emissions from
the solution bath tray areas during the manufacturing process.

(2)	"Curing" means exposing coated threads to high temperatures in an
oven until the nylon solution mixture hardens (vaporizing the solvents)
and bonds to the threads.

(3)	"Day tanks" means holding tanks that contain nylon solution mixture
ready for use.

(4)	"Drying ovens" means any apparatus through which the coated threads
are conveyed while curing.

(5)	"Enclose" means to construct an area within the plant that has a
separate ventilation system and is maintained at a slightly negative
pressure.

(6)	"Fugitive emissions" means emissions that cannot be collected and
routed to a control system.

(7)	"Nylon thread coating process" means a process in which threads are
coated with a nylon solution and oven cured.

(8)	"Permanent label" means a label that cannot be easily removed or
defaced.

(9)	"Polyester solution mixture" means a mixture of polyester and
solvents which is used for thread coating.

(10)	"Storing" means reserving material supply for future use.

(11)	"Thread bonding manufacturing" means coating single or multi-strand
threads with plastic (nylon or polyester solution mixture) to impart
properties such as additional strength and durability, water resistance,
and moth repellency.

(12)	"Transporting" means moving material supply from one place to
another. 

(b)  This Rule applies in accordance with Rule .0902 of this Section to
any thread bonding manufacturing facility with total uncontrolled
exhaust emissions from nylon thread coating process collection hoods and
drying ovens of volatile organic compounds (VOC) equal to or greater
than 100 tons per year.

(c)  Annual VOC emissions from each nylon thread coating process shall
be determined by multiplying the hourly amount of VOC consumed by the
total scheduled operating hours per year.

(d)  Emissions from each nylon thread coating process subject to this
Rule shall be reduced:

(1)	by at least 95 percent by weight, or

(2)	by installing a thermal incinerator with a temperature of at least
1600(F and a residence time of at least 0.75 seconds.

(e)  The owner or operator of any thread bonding manufacturing facility
shall:

(1)	enclose the nylon thread coating process area of the plant to
prevent fugitive emissions from entering other plant areas;

(2)	store all VOC containing materials in covered tanks or containers;

(3)	ensure that equipment used for transporting or storing VOC
containing material does not leak and that all lids and seals used by
such equipment are kept in the closed position at all times except when
in actual use;

(4)	not cause or allow VOC containing material to be splashed, spilled,
or discarded in sewers;

(5)	hold only enough nylon solution mixture in the day tanks to
accommodate daily process times measured in hours; and

(6)	place permanent and conspicuous labels on all equipment affected by
Subparagraphs (3) through (5) of this Paragraph summarizing handling
procedures described in Subparagraphs (3) through (5) of this Paragraph
for VOC contaminated materials at the nylon thread coating process.

(f)  The owner or operator of a thread bonding manufacturing facility
shall notify the Director within 30 days after the calculated annual
emissions of VOC from nylon thread coating processes equal or exceed 100
tons per year.  The owner or operator shall submit within six months
after such calculation a permit application including a schedule to
bring the facility into compliance with this Rule.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a);

Eff. May 1, 1995.

15A NCAC 02D .0956	GLASS CHRISTMAS ORNAMENT MANUFACTURING

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Coating" means the application of a layer of material, either by
dipping or spraying, in a relatively unbroken film onto glass Christmas
ornaments.

(2)	"Curing ovens" means any apparatus through which the coated glass
Christmas ornaments are conveyed while drying.

(3)	"Glass Christmas ornament" means any glass ornament that is coated
with decorative exterior and is traditionally hung on Christmas trees.

(4)	"Glass Christmas ornament manufacturing facility" means a facility
that coats glass Christmas ornaments through the process of interior
coating or exterior coating that uses either mechanical or hand-dipping
methods, drying (curing), cutting, and packaging operations.

(5)	"Mechanical coating lines" means equipment that facilitates
mechanized dipping or spraying of a coating onto glass Christmas
ornaments in which the neck of each ornament is held mechanically during
the coating operation.

(6)	"Solvent-borne coating" means a coating that uses organic solvents
as an ingredient.

(b)  This Rule applies in accordance with Rule .0902 of this Section to
any curing ovens servicing the mechanical coating lines in the coating
of glass Christmas ornaments at glass Christmas tree ornament
manufacturing facilities with potential volatile organic compound (VOC)
emissions of 100 tons per year or more.

(c)  This Rule does not apply to glass Christmas ornament manufacturing
facilities that do not use solvent-borne coating materials.

(d)  Emissions of VOC from each curing oven shall be reduced by at least
90 percent by weight.

(e)  If the owner or operator of a facility subject to this Rule chooses
to use low VOC content, solvent-borne coatings to reduce emissions, the
emission reduction from the use of these coatings shall be equivalent to
that achieved using add-on controls.

(f)  The owner or operator of a Christmas tree ornament manufacturing
facility shall notify the Director within 30 days after the calculated
annual emissions of VOC from the facility equal or exceed 100 tons per
year.  The owner or operator shall submit within six months after such
calculation a permit application including a schedule to bring the
facility into compliance with this Rule.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a);

Eff. May 1, 1995.

15A NCAC 02D .0957	COMMERCIAL BAKERIES

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Baking Oven" means an oven used at any time for the purpose of
baking yeast-leavened products, including bread and rolls.

(2)	"Commercial Bakery" means an establishment where bread and baked
goods are produced.

(b)  This Rule applies in accordance with Rule .0902 of this Section to
any baking oven at a commercial bakery with potential volatile organic
compound (VOC) emissions of 100 tons per year or more.  Daily volatile
organic compound emissions shall be determined according to the
calculation procedures in Paragraph (d) of this Rule.

(c)  Emissions of VOC from baking ovens subject to this Rule shall be
reduced by at least:

(1)	90 percent by weight, or

(2)	60 percent by weight, if biofiltration is used.

(d)  Daily volatile organic compound emissions from each commercial
baking oven shall be determined according to the following: EtOH =
0.40425 + 0.444585[(Y x T) + (S x t)], where:

(1)	EtOH = pounds ethanol per ton of baked bread;

(2)	Y = baker's percent yeast in sponge to the nearest tenth of a
percent;

(3)	T = total time of fermentation in hours to the nearest tenth of an
hour;

(4)	S = baker's percent of yeast added to dough to the nearest tenth of
a percent;

(5)	t = proof time + floor time in hours to the nearest tenth of an
hour.

(e)  The owner or operator of a commercial bakery shall notify the
Director within 30 days after the calculated emissions of VOC from the
bakery equal or exceed 100 tons per year.  The owner or operator shall
submit within six months after such calculation a permit application
including a schedule to bring the facility into compliance with this
Rule.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a);

Eff. May 1, 1995.

15A NCAC 2D .0958	WORK PRACTICES FOR SOURCES OF VOLATILE ORGANIC
COMPOUNDS

(a)  This Rule applies to all facilities that use volatile organic
compounds as solvents, carriers, material processing media, or
industrial chemical reactants, or in other similar uses, or that mix,
blend, or manufacture volatile organic compounds, or emit volatile
organic compounds as a product of chemical reactions.

(b)  This Rule does not apply to:

(1)	architectural or maintenance coating, or

(2)	sources subject to 40 CFR Part 63, Subpart JJ.

(c)  The owner or operator of any facility subject to this Rule shall:

(1)	store all material, including waste material, containing volatile
organic compounds in containers covered with a tightly fitting lid that
is free of cracks, holes, or other defects, when not in use,

(2)	clean up spills as soon as possible following proper safety
procedures,

(3)	store wipe rags in closed containers,

(4)	not clean sponges, fabric, wood, paper products, and other absorbent
materials,

(5)	drain solvents used to clean supply lines and other coating
equipment into closable containers and close containers immediately
after each use, 

(6)	clean mixing, blending, and manufacturing vats and containers by
adding cleaning solvent, closing the vat or container before agitating
the cleaning solvent. The spent cleaning solvent shall then be poured
into a closed container.

(d)  When cleaning parts, the owner or operator of any facility subject
to this Rule shall:

(1)	flush parts in the freeboard area,

(2)	take precautions to reduce the pooling of solvent on and in the
parts,

(3)	tilt or rotate parts to drain solvent and allow a minimum of 15
seconds for drying or until all dripping has stopped, whichever is
longer,

(4)	not fill cleaning machines above the fill line,

(5)	not agitate solvent to the point of causing splashing.

(e)  The owner or operator of a source on which a control device has
been installed to comply with 15A NCAC 2D .0518(d) shall continue to
maintain and operate the control device unless the Director determines
that the removal of the control device shall not cause or contribute to
a violation of the ozone ambient air quality standard (15A NCAC 2D
.0405).

(f)  The owner or operator of a source that has complied with 15A NCAC
2D .0518 by complying with a Rule in this Section, shall continue to
comply with that rule unless the Director determines that if the source
ceases to comply with that rule, it shall not cause or contribute to a
violation of the ozone ambient air quality standard (15A NCAC .0405).

(g)  All sources at a facility subject to this Rule shall be permitted
unless they are exempted from permitting by 15A NCAC 2Q .0102,
Activities Exempted From Permit Requirements.

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

Eff. July 1, 2000.

15a ncac 02d .0959	PETITION FOR SUPERIOR ALTERNATIVE CONTROLS

(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 an alternative operational or equipment control is superior to the
required control, he may petition the Director to allow the use of
alternative operational or equipment controls for the reduction of
volatile organic compound emissions. The 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 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; and

(5)	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 (c) of this
Rule;

(2)	The Director determines that the proposed alternative operational or
equipment control is superior to the required controls;

(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. April 1, 2003.

15a ncac 02d .0960	CERTIFICATION OF LEAK TIGHTNESS TESTER

(a)  Purpose. The purpose of this Rule is to establish procedures for
certifying facilities to perform leak tightness tests on truck tanks as
defined under Rule .0932 of this Section.

(b)  Certification request. To request certification to perform leak
tightness testing on truck tanks for the purposes of complying with Rule
.0932 of this Section, a facility shall submit to the Director the
following information:

(1)	the name and address of the facility requesting certification,
including the primary contact and telephone number; and

(2)	the federal (tank cargo) number.  

(c)  Approval. The Director shall certify a facility requesting
certification to perform leak tightness testing if he finds that:

(1)	All the information required under Paragraph (b) of this Rule has
been submitted;

(2)	The Division has observed the facility conducting one or more leak
tightness tests and finds that:

(A)	The facility has the equipment necessary to perform Method 27 of 40
CFR Part 60, Subpart A; and

(B)	The facility has the skills necessary to perform Method 27 of 40 CFR
Part 60, Subpart A correctly;

(d)  Expiration. A certification to perform leak tightness testing under
this Rule shall expire one year from the date of its issuance.

(e)  Renewal. To have a certification renewed, the certified facility
shall submit to the Director a request to have the certification
renewed. Within 30 days after receipt of the request, the Division shall
observe the certified facility conducting one or more leak tightness
tests. If the Director finds that:

(1)	The certified facility has the equipment necessary to perform Method
27 of 40 CFR Part 60, Subpart A; and

(2)	The certified facility has the skills necessary to perform Method 27
of 40 CFR Part 60, Subpart A correctly,

he shall renew the certification. If the certified facility submits a
request for renewal after the expiration of the last certification, the
Director shall reject the renewal request, and the facility shall
request a new certification under Paragraph (b) of this Rule.

(f)  Interim certification. If the Division is unable to observe the
performance of leak tightness testing required under Paragraphs (c) or
(e) of this Rule, the Director shall issue an interim certification for
up to 90 days to allow the certified facility to perform leak tightness
tests. An interim certification shall not be renewed. 

(g)  Revocation of Certification. If the Director finds that a certified
facility is not performing Method 27 of 40 CFR Part 60, Subpart A
correctly or that the certified facility is certifying tanks as leak
tight that have not passed the leak tightness test, the Director shall
revoke the facility's certification or interim certification.

(h)  Stickers. The Division shall provide serialized stickers at no
cost, or the facility may choose to provide the stickers. If the
facility provides the stickers, the stickers shall contain the same
information that is on the stickers provided by the Division and shall
have the same dimensions and a sample sticker shall accompany the
application for certification. Once a facility is certified under this
Rule to perform leak tightness tests, stickers are to be:

(1)	affixed to tanks that have passed the test under Rule .0932 of this
Section; and 

(2)	placed near the Department of Transportation Certification (DOT, 49
CFR 178.340-10b). 

The certified facility performing the test shall maintain a log matching
sticker serial numbers and tank identification numbers. The certified
facility shall send this log to the Director monthly.

(i)  Certification report. The certified facility performing the test
shall give a copy of the certification report to the truck tank owner
and shall retain a copy of the certification report. The certification
report shall contain the following information:

(1)	name, address, and telephone number of certified facility performing
the test;

(2)	name and signature of the individual actually performing the test;

(3)	name and address of the owner of the tank;

(4)	serial number of the sticker and identification number of the tank;

(5)	the date that the sticker is issued and the date that the sticker
expires, which shall be one year after the issuance date;

(6)	the pressure drops measured and vacuum drops measured; and

(7)	list or description of problems with tank (if none are found, the
report shall state that none were found).

(j)  Record retention. The certified facility performing the test and
the owner of the truck tank shall keep the certification report for at
least two years. Certification reports shall be made available to the
Division upon request.

(k)  Verification of leak tightness. The Division may use Method 21 to
verify the leak tightness of a tank.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (13); 

Eff. April 1, 2003;

Amended Eff. July 1, 2007.

SECTION .1100 - CONTROL OF TOXIC AIR POLLUTANTS

15A NCAC 02D .1101	PURPOSE

This Section sets forth the rules for the control of toxic air
pollutants to protect human health.

History Note:	Authority G.S. 143-215.3(a)(1);
143-215.107(a)(1),(3),(4),(5); 143B-282; S.L. 1989, c. 168, s. 45;

Eff. May 1, 1990.

15A NCAC 02D .1102	APPLICABILITY

(a)  The toxic air pollutant rules in this Section apply to all
facilities that emit a toxic air pollutant that are required to have a
permit under 15A NCAC 2Q .0700.

(b)  Sources at facilities subject to this Section shall comply with the
requirements of this Section as well as with any applicable requirements
in Sections .0500, .0900, and .1200 of this Subchapter.

History Note:	Authority G.S. 143-215.3(a)(1);
143-215.107(a)(1),(3),(4),(5); 143B-282; S.L. 1989, c. 168, s. 45;

Eff. May 1, 1990;

Amended Eff. July 1, 1998; December 1, 1991.

15A NCAC 02d .1103	DEFINITION

For the purpose of this Section, the following definitions apply:

(1)	"Asbestos" means asbestos fibers as defined in 40 CFR 61.141.

(2)	"Bioavailable chromate pigments" means the group of chromium (VI)
compounds consisting of calcium chromate (CAS No.13765-19-0), calcium
dichromate (CAS No. 14307-33-6), strontium chromate (CAS No. 7789-06-2),
strontium dichromate (CAS No. 7789-06-2), zinc chromate (CAS No.
13530-65-9), and zinc dichromate (CAS No. 7789-12-0).

(3)	"CAS Number" means the Chemical Abstract Service registry number
identifying a particular substance.

(4)	"Chromium (VI) equivalent" means the molecular weight ratio of the
chromium (VI) portion of a compound to the total molecular weight of the
compound multiplied by the associated compound emission rate or
concentration at the facility.

(5)	"Non-specific chromium (VI) compounds" means the group of compounds
consisting of any chromium (VI) compounds not specified in this Section
as a bioavailable chromate pigment or a soluble chromate compound.

(6)	"Cresol" means o-cresol, p-cresol, m-cresol or any combination of
these compounds.

(7)	"GACT" means any generally available control technology emission
standard applied to an area source or facility pursuant to Section 112
of the federal Clean Air Act.

(8)	"Hexane isomers except n-hexane" means 2-methyl pentane, 3-methyl
pentane, 2,2-dimethyl butane, 2,3-dimethyl butane, or any combination of
these compounds.

(9)	"MACT" means any maximum achievable control technology emission
standard applied to a source or facility pursuant to Section 112 of the
federal Clean Air Act.

(10)	"Nickel, soluble compounds" means the soluble nickel salts of
chloride (NiCl2, CAS No. 7718-54-9), sulfate (NiSO4, CAS No. 7786-81-4),
and nitrate (Ni(NO3)2, CAS No. 13138-45-9).

(11)	"Polychlorinated biphenyls" means any chlorinated biphenyl compound
or mixture of chlorinated biphenyl compounds.

(12)	"Soluble chromate compounds" means the group of chromium (VI)
compounds consisting of ammonium chromate (CAS No. 7788-98-9), ammonium
dichromate (CAS No. 7789-09-5), chromic acid (CAS No. 7738-94-5),
potassium chromate (CAS No. 7789-00-6), potassium dichromate (CAS No.
7778-50-9), sodium chromate (CAS No. 7775-11-3), and sodium dichromate
(CAS No. 10588-01-9).

(13)	"Toxic air pollutant" means any of those carcinogens, chronic
toxicants, acute systemic toxicants, or acute irritants listed in Rule
.1104 of this Section.

History Note:	Authority G.S. 143-213; 143-215.3(a)(1); 143B-282; S.L.
1989, c. 168, s. 45;

Eff. May 1, 1990;

Amended Eff. April 1, 2001; July 1, 1998.

15A NCAC 02D .1104	TOXIC AIR POLLUTANT GUIDELINES

A facility shall not emit any of the following toxic air pollutants in
such quantities that may cause or contribute beyond the premises
(adjacent property boundary) to any significant ambient air
concentration that may adversely affect human health. In determining
these significant ambient air concentrations, the Division shall be
guided by the following list of acceptable ambient levels in milligrams
per cubic meter at 77( F (25( C) and 29.92 inches (760 mm) of mercury
pressure (except for asbestos):

Pollutant (CAS Number)	

Annual (Carcinogens)

	

24-hour

(Chronic Toxicants)

	

1-hour

(Acute Systemic Toxicants)	

1-hour

(Acute Irritants)



  acetaldehyde (75-07-0)



27

  acetic acid (64-19-7)



3.7

  acrolein (107-02-8)



0.08

  acrylonitrile (107-13-1)	1.5 x 10-4



	  ammonia (7664-41-7)



2.7

  aniline (62-53-3)

	1

	  arsenic and inorganic arsenic      compounds	2.3 x 10-7



	  asbestos (1332-21-4)	2.8 x 10-11 fibers/ml



	  aziridine (151-56-4)

0.006



  benzene (71-43-2)	1.2 x 10-4



	  benzidine and salts (92-87-5)	1.5 x 10-8



	  benzo(a)pyrene (50-32-8)	3.3 x 10-5



	  benzyl chloride (100-44-7)

	0.5

	  beryllium (7440-41-7)	4.1 x 10-6



	  beryllium chloride  (7787-47-5)	4.1 x 10-6



	  beryllium fluoride  (7787-49-7)	4.1 x 10-6



	  beryllium nitrate  (13597-99-4)	4.1 x 10-6



	  bioavailable chromate pigments, as chromium (VI) equivalent	8.3 x
10-8



	  bis-chloromethyl ether (542-88-1)	3.7 x 10-7



	  bromine (7726-95-6)



0.2

  1,3-butadiene (106-99-0)	4.4 x 10-4



	  cadmium (7440-43-9)	5.5 x 10-6



	  cadmium acetate  (543-90-8)	5.5 x 10-6



	  cadmium bromide  (7789-42-6)	5.5 x 10-6



	  carbon disulfide (75-15-0)

0.186



  carbon tetrachloride (56-23-5)	6.7 x 10-3



	  chlorine (7782-50-5)

0.0375

0.9

  chlorobenzene (108-90-7)

2.2



  chloroform (67-66-3)	4.3 x 10-3



	  chloroprene (126-99-8)

0.44	3.5

	  cresol (1319-77-3)

	2.2

	  p-dichlorobenzene  (106-46-7)



66

  dichlorodifluoromethane   (75-71-8)

248



  dichlorofluoromethane  (75-43-4)

0.5



  di(2-ethylhexyl)phthalate  (117-81-7)

0.03



  dimethyl sulfate (77-78-1)

0.003



  1,4-dioxane (123-91-1)

0.56



  epichlorohydrin (106-89-8)	8.3 x 10-2



	  ethyl acetate (141-78-6)

	140

	  ethylenediamine (107-15-3)

0.3	2.5

	  ethylene dibromide  (106-93-4)	4.0 x 10-4



	  ethylene dichloride  (107-06-2)	3.8 x 10-3



	  ethylene glycol monoethyl ether (110-80-5)

0.12	1.9

	  ethylene oxide (75-21-8)	2.7 x 10-5



	  ethyl mercaptan (75-08-1)

	0.1

	  fluorides 

0.016	0.25

	  formaldehyde (50-00-0)



0.15

   hexachlorocyclopentadiene (77-47-4)

0.0006	0.01

	  hexachlorodibenzo-p-dioxin (57653-85-7)	7.6 x 10-8



	  n-hexane (110-54-3)

1.1



  hexane isomers except n-hexane



360

  hydrazine (302-01-2)

0.0006



  hydrogen chloride  (7647-01-0)



0.7

  hydrogen cyanide (74-90-8)

0.14	1.1

	  hydrogen fluoride  (7664-39-3)

0.03

0.25

  hydrogen sulfide  (7783-06-4)

0.12



  maleic anhydride  (108-31-6)

0.012	0.1

	  manganese and compounds

0.031



  manganese cyclopentadienyl tricarbonyl (12079-65-1)

0.0006



  manganese tetroxide (1317-35-7)

0.0062



  mercury, alkyl 

0.00006



  mercury, aryl and inorganic               compounds

0.0006



  mercury, vapor (7439-97-6)

0.0006



  methyl chloroform (71-55-6)

12

245

  methylene chloride (75-09-2)	2.4 x 10-2

1.7

	  methyl ethyl ketone  (78-93-3)

3.7

88.5

  methyl isobutyl ketone  (108-10-1)

2.56

30

  methyl mercaptan (74-93-1)

	0.05

	  nickel carbonyl  (13463-39-3)

0.0006



  nickel metal (7440-02-0)

0.006



  nickel, soluble compounds, as nickel

0.0006



  nickel subsulfide  (12035-72-2)	2.1 x 10-6



	  nitric acid (7697-37-2)



1

  nitrobenzene (98-95-3)

0.06	0.5

	   n-nitrosodimethylamine  (62-75-9)	5.0 x 10-5



	  non-specific chromium (VI) compounds, as chromium (VI) equivalent	8.3
x 10-8



	  pentachlorophenol  (87-86-5)

0.003	0.025

	  perchloroethylene (127-18-4)	1.9 x 10-1



	  phenol (108-95-2)

	0.95

	  phosgene (75-44-5)

0.0025



  phosphine (7803-51-2)



0.13

  polychlorinated biphenyls (1336-36-3)	8.3 x 10-5



	  soluble chromate compounds, as chromium (VI) equivalent

6.2 x 10-4



  styrene (100-42-5)

	10.6

	  sulfuric acid (7664-93-9)

0.012	0.1

	  tetrachlorodibenzo-p-dioxin (1746-01-6)	3.0 x 10-9



	  1,1,1,2-tetrachloro-2,2,- difluoroethane (76-11-9)

52



  1,1,2,2-tetrachloro-1,2- difluoroethane (76-12-0)

52



  1,1,2,2-tetrachloroethane  (79-34-5)	6.3 x 10-3



	  toluene (108-88-3)

4.7

56

  toluene diisocyanate, 2,4- (584-84-9) and 2,6- (91-08-7) isomers

0.0002



  trichloroethylene (79-01-6)	5.9 x 10-2



	  trichlorofluoromethane  (75-69-4)

	560

	  1,1,2-trichloro-1,2,2- trifluoroethane (76-13-1)



950

  vinyl chloride (75-01-4)	3.8 x 10-4



	  vinylidene chloride (75-35-4)

0.12



  xylene (1330-20-7)

2.7

65



History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(4),(5);
143B-282; S.L. 1989, c. 168, s. 45;

Eff. May 1, 1990;

Amended Eff. September 1, 1992; March 1, 1992;

Temporary Amendment Eff. July 20, 1997;

Amended Eff. June 1, 2008; April 1, 2005; April 1, 2001; July 1, 1998.

15A NCAC 02D .1105	FACILITY REPORTING, RECORDKEEPING

The Director may require, according to Section .0600 of this Subchapter,
the owner or operator of a source subject to this Section to monitor
emissions of toxic air pollutants, to maintain records of these
emissions, and to report these emissions.  The owner or operator of any
toxic air pollutant emission source subject to the requirements of this
Section shall comply with the monitoring, recordkeeping, and reporting
requirements in Section .0600 of this Subchapter.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5);
143B-282;

Eff. May 1, 1990;

Amended Eff. April 1, 1999; October 1, 1991.

15A NCAC 02D .1106	DETERMINATION OF AMBIENT AIR CONCENTRATION

(a)  Modeling shall not be used for enforcement.  Modeling shall be used
to determine process operational and air pollution control parameters
and emission rates for toxic air pollutants to place in the air quality
permit for that facility that will prevent any of the acceptable ambient
levels in Rule .1104 of this Section from being exceeded, with such
exceptions as may be allowed under 15A NCAC 2Q .0700.  Enforcing these
permit stipulations and conditions shall be the mechanism used to ensure
that the requirements of Rule .1104 of this Section, with such
exceptions as may be allowed by 15A NCAC 2Q .0700, are met.

(b)  The owner or operator of the facility may request the Division to
perform a modeling analysis of the facility or provide the analysis
himself.  If the owner or operator of the facility requests the Division
to perform the modeling analysis, he shall provide emissions rates,
stack parameters, and other information that the Division needs to do
the modeling.  The data that the owner or operator of the facility
provides the Division to use in the model or in deriving the data used
in the model shall be the process, operational and air pollution control
equipment parameters and emission rates that will be contained in the
facility=s permit.  If the Division=s initial review of the modeling
request indicates extensive or inappropriate use of state resources or
if the Division=s modeling analysis fails to show compliance with the
acceptable ambient levels in Rule .1104 of this Section, the modeling
demonstration becomes the responsibility of the owner or operator of the
facility.

(c)  When the owner or operator of the facility is responsible for
providing the modeling demonstration and the data used in the modeling,
the owner or operator of the facility shall use in the model or in
deriving data used in the model the process operational and air
pollution control equipment parameters and emission rates that will be
contained in his permit.  Sources that are not required to be included
in the model will not be included in the permit to emit toxic air
pollutants.

(d)  For the following pollutants, modeled emission rates shall be based
on the highest emissions occurring in any single 15 minute period.  The
resultant modeled 1-hour concentrations shall then be compared to the
applicable 1-hour acceptable ambient levels to determine compliance. 
These pollutants are:

(1)	acetaldehyde (75-07-0)

(2)	acetic acid (64-19-7)

(3)	acrolein (107-02-8)

(4)	ammonia (7664-41-7)

(5)	bromine (7726-95-6)

(6)	chlorine (7782-50-5)

(7)	formaldehyde (50-00-0)

(8)	hydrogen chloride (7647-01-0)

(9)	hydrogen fluoride (7664-39-3)

(10)	nitric acid (7697-37-2)

(e)  The owner or operator of the facility and the Division may use any
model allowed by 40 CFR 51.166(l) provided that the model is appropriate
for the facility being modeled.  The owner or operator or the Division
may use a model other than one allowed by 40 CFR 51.166(l) provided that
the Director determines that the model is equivalent to the model
allowed by 40 CFR 51.166(l).  Regardless of model used, the owner or
operator and the Division shall model for cavity effects and shall
comply with the modeling requirements for stack height set out in Rule
.0533 of this Subchapter.

(f)  Ambient air concentrations are to be evaluated for annual periods
over a calendar year, for 24-hour periods from midnight to midnight, and
for one-hour periods beginning on the hour. 

(g)  The owner or operator of the facility shall identify each toxic air
pollutant emitted and its corresponding emission rate using mass
balancing analysis, source testing, or other methods that the Director
may approve as providing an equivalently accurate estimate of the
emission rate. 

(h)  The owner or operator of the facility shall submit a modeling plan
to the Director and shall have received approval of that plan from the
before submitting a modeling demonstration to the Director.  The
modeling plan shall include:

(1)	a diagram of the plant site, including locations of all stacks and
associated buildings;

(2)	on-site building dimensions;

(3)	a diagram showing property boundaries, including a scale, key and
north indicator;

(4)	the location of the site on a United States Geological Survey (USGS)
map; 

(5)	discussion of good engineering stack height and building wake
effects for each stack;

(6)	discussion of cavity calculations, impact on rolling and complex
terrain, building wake effects, and urban/rural considerations;

(7)	discussion of reasons for model selection;

(8)	discussion of meteorological data to be used; 

(9)	discussion of sources emitting the pollutant that are not to be
included in the model with an explanation of why they are being excluded
(i.e. why the source will not affect the modeling analysis); and

(10)	any other pertinent information.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(5);
143B-282; S.L. 1989, c. 168, s. 45;

Eff. May 1, 1990;

Amended Eff. July 1, 1998.

15A NCAC 02D .1107	MULTIPLE FACILITIES

(a)  If an acceptable ambient level in Rule .1104 of this Section is
exceeded because of emissions of two or more facilities and if public
exposure is such that the commission has evidence that human health may
be adversely affected, then the Commission shall require the subject
facilities to apply addition controls or to otherwise reduce emissions. 
The type of evidence that the Commission shall consider shall include
one or more of the following:

(1)	emission inventory,

(2)	ambient monitoring,

(3)	modeling, or

(4)	epidemiological study.

(b)  The allocation of the additional reductions shall be based on the
relative contributions to the pollutant concentrations unless the owners
or operators agree otherwise.

(c)  The owner or operator of a facility shall not be required to
conduct the multi-facility ambient impact analysis described in
Paragraph (a) of this Rule.  This type of analysis shall be done by the
Division of  Air Quality.  In performing its analysis, the Division
shall:

(1)	develop a modeling plan that includes the elements set out in
Paragraph (f) of Rule .1106 of this Section;

(2)	use for the source modeling parameters, the modeling parameters used
by the owner or operator of the source in his modeling demonstration, or
if a modeling demonstration has not been done or if a needed parameter
has not been used in the modeling demonstration, parameters contained
in, or derived from data contained in, the source's permit;

(3)	use a model allowed by Paragraph (c) of Rule .1106 of this Section;

(4)	model for cavity effects and comply with the modeling requirements
for stack height set out in Rule .0533 of this Section;

(5)	use the time periods required by Paragraph (d) of Rule .1106 of this
Section; and

(6)	only consider impacts of a facility=s emissions beyond the premises
of that facility.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(5);
143B-282;

Eff. May 1, 1990;

Amended Eff. July 1, 1998.

15A NCAC 02D .1108	MULTIPLE POLLUTANTS

If the Commission has evidence that two or more toxic air pollutants
being emitted from a facility or combination of facilities act in the
same way to affect human health so that their effects may be additive or
enhanced and that public exposure is such that human health may be
adversely affected, then the Commission will consider developing
acceptable ambient levels for the combination of toxic air pollutants or
other appropriate control measures.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(5);
143B-282;

Eff. May 1, 1990.

15a ncac 02d .1109	112(j) CASE-BY-CASE MAXIMUM ACHIEVABLE CONTROL
TECHNOLOGY

(a)  Applicability. This Rule applies only to sources of hazardous air
pollutants required to have a permit under 15A NCAC 02Q .0500 and as
described in 40 CFR 63.50.  This Rule does not apply to research or
laboratory activities as defined in Paragraph (b) of this Rule.

(b)  Definitions. For the purposes of this Rule, the definitions in 40
CFR 63.2, 63.51, 15A NCAC 02Q .0526, and the following definitions
apply:

(1)	"Affected source" means the collection of equipment, activities, or
both within a single contiguous area and under common control that is in
a Section 112(c) source category or subcategory that the Administrator
has failed to promulgate an emission standard by the Section 112(j)
deadline, and that is addressed by an applicable MACT emission
limitation established pursuant to 40 CFR Part 63 Subpart B; 

(2)	"Control technology" means measures, processes, methods, systems, or
techniques to limit the emission of hazardous air pollutants including
measures that:

(A)	reduce the quantity, or eliminate emissions, of such pollutants
through process changes, substitution of materials, or other
modifications;

(B)	enclose systems or processes to eliminate emissions;

(C)	collect, capture, or treat such pollutants when released from a
process, stack, storage, or fugitive emission point;

(D)	are design, equipment, work practice, or operational standards
(including requirements for operator training or certification) as
provided in 42 USC 7412(h); or

(E)	are a combination of Parts (A) through (D) of this definition.

(3)	"EPA" means the United States Environmental Protection Agency or the
Administrator of U.S. Environmental Protection Agency.

(4)	"Hazardous air pollutant" means any pollutant listed under Section
112(b) of the federal Clean Air Act.

(5)	"MACT" means maximum achievable control technology.

(6)	"Maximum achievable control technology" means:

(A)	for existing sources,

(i)	a MACT standard that EPA has proposed or promulgated for a
particular category of facility or source,

(ii)	the average emission limitation achieved by the best performing 12
percent of the existing facilities or sources for which EPA has
emissions information if the particular category of source contains 30
or more sources, or

(iii)	the average emission limitation achieved by the best performing
five facilities or sources for which EPA has emissions information if
the particular category of source contains fewer than 30 sources, or

(B)	for new sources, the maximum degree of reduction in emissions that
is deemed achievable but not less stringent than the emission control
that is achieved in practice by the best controlled similar source.

(7)	"MACT floor" means:

(A)	for existing sources:

(i)	the average emission limitation achieved by the best performing 12
percent of the existing sources (for which EPA has emissions
information) excluding those sources that have, within 18 months before
the emission standard is proposed or within 30 months before such
standard is promulgated, whichever is later, first achieved a level of
emission rate or emission reduction which complies, or would comply if
the source is not subject to such standard, with the lowest achievable
emission rate (as defined in Section 171 of the federal Clean Air Act)
applicable to the source category or subcategory for categories and
subcategories with 30 or more sources; or

(ii)	the average emission limitation achieved by the best performing
five sources (for which EPA has emissions or could reasonably obtain
emissions information) , in the category or subcategory, for categories
or subcategories with fewer than 30 sources;

(B)	for new sources, the emission limitation achieved in practice by the
best controlled similar source.

(8)	"New affected source" means the collection of equipment, activities,
or both, that constructed after the issuance of a Section 112(j) permit
for the source pursuant to 40 CFR 63.52, is subject to the applicable
MACT emission limitation for new sources.  Each permit shall define the
term "new affected source," that will be the same as the "affected
source" unless a different collection is warranted based on
consideration of factors including:

(A)	Emission reduction impacts of controlling individual sources versus
groups of sources;

(B)	Cost effectiveness of controlling individual equipment; 

(C)	Flexibility to accommodate common control strategies;

(D)	Cost/benefits of emissions averaging;

(E)	Incentives for pollution prevention;

(F)	Feasibility and cost of controlling processes that share common
equipment (e.g., product recovery devices); and

(G)	Feasibility and cost of monitoring,. 

(9)	"New facility" means a facility for which construction is commenced
after the Section 112(j) deadline, or after proposal of a relevant
standard under Section 112(d) or (h) of the Federal Clean Air Act,
whichever comes first.

(10)	"Research or laboratory activities" means activities whose primary
purpose is to conduct research and development into new processes and
products; where such activities are operated under the supervision of
technically trained personnel and are not engaged in the manufacture of
products for commercial sale in commerce, except in a de minimis manner;
and where the source is not in a source category specifically addressing
research or laboratory activities, that is listed pursuant to Section
112(c)(7) of the Clean Air Act.

(11)	"Section 112(j) deadline" means the date 18 months after the date
for which a relevant standard is scheduled to be promulgated under 40
CFR Part 63, except that for all major sources listed in the source
category schedule for which a relevant standard is scheduled to be
promulgated by November 15, 1994, the Section 112(j) deadline is
November 15, 1996, and for all major sources listed in the source
category schedule for which a relevant standard is scheduled to be
promulgated by November 15, 1997, the Section 112(j) deadline is
December 15, 1999. 

(12)	"Similar source" means that equipment or collection of equipment
that, by virtue of its structure, operability, type of emissions and
volume and concentration of emissions, is substantially equivalent to
the new affected source and employs control technology for control of
emissions of hazardous air pollutants that is practical for use on the
new affected source.

(c)  Missed promulgation dates: 112(j). If EPA fails to promulgate a
standard for a category of source under Section 112 of the Federal Clean
Air Act by the date established pursuant to Sections 112(e)(1) or (3) of
the federal Clean Air Act, the owner or operator of any source in such
category shall submit, within 18 months after such date, a permit
application, in accordance with the procedures in 15A NCAC 02Q .0526, to
the Director and to EPA to apply MACT to such sources.  Sources subject
to this Paragraph shall be in compliance with this Rule within three
years from the date that the permit is issued.

(d)  New facilities.  The owner or operator of any new facility that is
a major source of hazardous air pollutants (HAP) that is subject to this
Rule shall apply MACT in accordance with the provisions of Rule .1112 of
this Section, 15A NCAC 02Q .0528, and 02Q .0526(e)(2).

(e)  Case-by-case MACT determination.  The Director shall determine MACT
according to 40 CFR 63.55(a).

(f)  Monitoring and recordkeeping.  The owner or operator of a source
subject to this Rule shall install, operate, and maintain monitoring
capable of detecting deviations from each applicable emission limitation
or other standards with sufficient reliability and timeliness to
determine continuous compliance over the applicable reporting period.
Such monitoring data may be used as a basis for enforcing emissions
limitations established under this Rule.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (10);

Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until
the permanent rule is effective, whichever is sooner;

Eff. July 1, 1994;

Amended Eff. February 1, 2004; July 1, 1998; July 1, 1996.

15A NCAC 02D .1110	NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR
POLLUTANTS

(a)  With the exception of Paragraph (b) of this Rule, sources subject
to national emission standards for hazardous air pollutants promulgated
in 40 CFR Part 61 shall comply with emission standards, monitoring and
reporting requirements, maintenance requirements, notification and
record keeping requirements, performance test requirements, test method
and procedural provisions, and any other provisions, as required
therein, rather than with any otherwise-applicable Rule in Section .0500
of this Subchapter that would be in conflict therewith.

(b)  Along with the notice appearing in the North Carolina Register for
a public hearing to amend this Rule to exclude a standard from this
Rule, the Director shall state whether or not the national emission
standards for hazardous air pollutants promulgated under 40 CFR Part 61,
or part thereof, shall be enforced.  If the Commission does not adopt
the amendment to this Rule to exclude or amend the standard within 12
months after the close of the comment period on the proposed amendment,
the Director shall begin enforcing that standard when 12 months has
elapsed after the end of the comment period on the proposed amendment.

(c)  New sources of volatile organic compounds that are located in an
area designated in 40 CFR 81.334 as nonattainment for ozone or an area
identified in accordance with 15A NCAC 02D .0902 as in violation of the
ambient air quality standard for ozone shall comply with the
requirements of 40 CFR Part 61 that are not excluded by this Rule, as
well as with any applicable requirements in Section .0900 of this
Subchapter.

(d)  All requests, reports, applications, submittals, and other
communications to the administrator required under Paragraph (a) of this
Rule shall be submitted to the Director of the Division of Air Quality
rather than to the Environmental Protection Agency; except that all such
reports, applications, submittals, and other communications to the
administrator required by 40 CFR 61.145 shall be submitted to the
Director, Division of Epidemiology.

(e)  In the application of this Rule, definitions contained in 40 CFR
Part 61 shall apply rather than those of Section .0100 of this
Subchapter.

(f)  15A NCAC 02Q .0102 and .0302 are not applicable to any source to
which this Rule applies.  The owner or operator of the source shall
apply for and receive a permit as required in 15A NCAC 02Q .0300 or
.0500.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107 (a)(5);
150B-21.6;

Eff. July 1, 1996;

Amended Eff. June 1, 2008; July 1, 1997.

15A NCAC 02D .1111	MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY

(a)  With the exception of Paragraph (b) or (c) of this Rule, sources
subject to national emission standards for hazardous air pollutants for
source categories promulgated in 40 CFR Part 63 shall comply with
emission standards, monitoring and reporting requirements, maintenance
requirements, notification and record keeping requirements, performance
test requirements, test method and procedural provisions, and any other
provisions, as required therein, rather than with any
otherwise-applicable rule in Section .0500 of this Subchapter which
would be in conflict therewith.

(b)  The following are not included under this Rule:

(1)	approval of state programs and delegation of federal authorities (40
CFR 63.90 to 63.96, Subpart E); and

(2)	requirements for control technology determined for major sources in
accordance with Clean Air Act Sections 112(g) and 112(j) (40 CFR 63.50
to 63.57, Subpart B).

(c)  Along with the notice appearing in the North Carolina Register for
a public hearing to amend this Rule to exclude a standard from this
Rule, the Director shall state whether or not the national emission
standard for hazardous air pollutants for source categories promulgated
under 40 CFR Part 63, or part thereof, shall be enforced.  If the
Commission does not adopt the amendment to this Rule to exclude or amend
the standard within 12 months after the close of the comment period on
the proposed amendment, the Director shall begin enforcing that standard
when 12 months has elapsed after the end of the comment period on the
proposed amendment.

(d)  New sources of volatile organic compounds that are located in an
area designated in 40 CFR 81.334 as nonattainment for ozone or an area
identified in accordance with 15A NCAC 02D .0902 as being in violation
of the ambient air quality standard for ozone shall comply with the
requirements of 40 CFR Part 63 that are not excluded by this Rule as
well as with any applicable requirements in Section .0900 of this
Subchapter.

(e)  All requests, reports, applications, submittals, and other
communications to the administrator required under Paragraph (a) of this
Rule shall be submitted to the Director of the Division of Air Quality
rather than to the Environmental Protection Agency; except that all such
reports, applications, submittals, and other communications to the
administrator required by 40 CFR Part 63, Subpart M for dry cleaners
covered under Chapter 143, Article 21A, Part 6 of the General Statutes
shall be submitted to the Director of the Division of Waste Management.

(f)  In the application of this Rule, definitions contained in 40 CFR
Part 63 shall apply rather than those of Section .0100 of this
Subchapter when conflict exists.

(g)  15A NCAC 02Q .0102 and .0302 are not applicable to any source to
which this Rule applies if the source is required to be permitted under
15A NCAC 02Q .0500, Title V Procedures.  The owner or operator of the
source shall apply for and receive a permit as required in 15A NCAC 02Q
.0300 or .0500.  Sources that have heretofore been exempted from needing
a permit and become subject to requirements promulgated under 40 CFR 63
shall apply for a permit in accordance to 15A NCAC 02Q .0109.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
150B-21.6;

Eff. July 1, 1996;

Amended Eff. January 1, 2007; April 1, 1997.

15A NCAC 02D .1112	112(G) CASE BY CASE MAXIMUM ACHIEVABLE CONTROL
TECHNOLOGY

(a)  Applicability. This Rule applies to the construction or
reconstruction of major sources of hazardous air pollutants unless:

(1)	the major source has been specifically regulated or exempted from
regulation under:

(A)	Rule .1109 or .1111 of this Section; or

(B)	a standard issued pursuant to Section 112(d), 112(h), or 112(j) of
the federal Clean Air Act and incorporated in another Subpart of 40 CFR
Part 63; or 

(2)	the owner or operator of such major source has received all
necessary air quality permits for such construction or reconstruction
project before July 1, 1998.

(b)  Exclusions. The requirements of this Rule shall not apply to:

(1)	electric utility steam generating units unless and until such time
as these units are added to the source category list pursuant to Section
112(c)(5) of the federal Clean Air Act.

(2)	stationary sources that are within a source category that has been
deleted from the source category list pursuant to Section 112(c)(9) of
the federal Clean Air Act.

(3)	research and development activities.

(c)  Definitions. For the purposes of this Rule, the following
definitions apply:

(1)	"Affected source" means the stationary source or group of stationary
sources that, when fabricated (on site), erected, or installed meets the
definition of "construct a major source" or the definition of
"reconstruct a major source" contained in this Paragraph.

(2)	"Affected States" means all States or local air pollution agencies
whose areas of jurisdiction are:

(A)	contiguous to North Carolina and located less than D=Q/12.5 from the
facility, where:

(i)	Q = emissions of the pollutant emitted at the highest permitted rate
in tons per year, and

(ii)	D = distance from the facility to the contiguous state or local air
pollution control agency in miles; or

(B)	within 50 miles of the permitted facility.

(3)	"Available information" means, for purposes of identifying control
technology options for the affected source, information contained in the
following information sources as of the date of approval of the MACT
determination by the Division:

(A)	a relevant proposed regulation, including all supporting
information;

(B)	background information documents for a draft or proposed regulation;

(C)	data and information available from the Control Technology Center
developed pursuant to Section 113 of the federal Clean Air Act;

(D)	data and information contained in the Aerometric Informational
Retrieval System including information in the MACT data base;

(E)	any additional information that can be expeditiously provided by the
Division and EPA; and

(F)	for the purpose of determinations by the Division, any additional
information provided by the applicant or others, and any additional
information considered available by the Division.

(4)	"Construct a major source" means:

(A)	To fabricate, erect, or install at any greenfield site a stationary
source or group of stationary sources which is located within a
contiguous area and under common control and which emits or has the
potential to emit 10 tons per year of any HAP's or 25 tons per year of
any combination of HAP, or

(B)	To fabricate, erect, or install at any developed site a new process
or production unit which in and of itself emits or has the potential to
emit 10 tons per year of any HAP or 25 tons per year of any combination
of HAP, unless the process or production unit satisfies Subparts (i)
through (vi) of this Paragraph:

(i)	All HAP emitted by the process or production unit that would
otherwise be controlled under the requirements of this Rule will be
controlled by emission control equipment which was previously installed
at the same site as the process or production unit;

(ii)	The Division:

(I)	has determined within a period of five years prior to the
fabrication, erection, or installation of the process or production unit
that the existing emission control equipment represented best available
control technology (BACT) under Rule .0530 of this Subchapter or lowest
achievable emission rate (LAER) under Rule .0531 of this Subchapter for
the category of pollutants which includes those HAP's to be emitted by
the process or production unit; or

(II)	determines that the control of HAP emissions provided by the
existing equipment will be equivalent to that level of control currently
achieved by other well-controlled similar sources (i.e., equivalent to
the level of control that would be provided by a current BACT, LAER, or
MACT determination under Rule .1109 of this Section);

(iii)	The Division determines that the percent control efficiency for
emissions of HAP from all sources to be controlled by the existing
control equipment will be equivalent to the percent control efficiency
provided by the control equipment prior to the inclusion of the new
process or production unit;

(iv)	The Division has provided notice and an opportunity for public
comment concerning its determination that criteria in Subparts (i),
(ii), and (iii) of this Subparagraph apply and concerning the continued
adequacy of any prior LAER, BACT, or MACT determination under Rule .1109
of this Section;

(v)	If any commenter has asserted that a prior LAER, BACT, or MACT
determination under Rule .1109 of this Section determination is no
longer adequate, the Division has determined that the level of control
required by that prior determination remains adequate; and

(vi)	Any emission limitations, work practice requirements, or other
terms and conditions upon which the above determinations by the Division
are predicated will be construed by the Division as applicable
requirements under Section 504(a) of the federal Clean Air Act and
either have been incorporated into an existing permit issued under 15A
NCAC 2Q .0500 for the affected facility or will be incorporated into
such permit upon issuance.

(5)	"Control technology" means measures, processes, methods, systems, or
techniques to limit the emission of hazardous air pollutants including
measures that:

(A)	reduce the quantity of, or eliminate emissions of, such pollutants
through process changes, substitution of materials or other
modifications;

(B)	enclose systems or processes to eliminate emissions;

(C)	collect, capture or treat such pollutants when released from a
process, stack, storage or fugitive emissions point;

(D)	are design, equipment, work practice, or operational standards
(including requirements for operator training or certification) as
provided in 42 U.S.C. 7412(h); or

(E)	are a combination of Parts (A) through (D) of this definition.

(6)	"Electric utility steam generating unit" means any fossil fuel fired
combustion unit of more than 25 megawatts that serves a generator that
produces electricity for sale.  A unit that co-generates steam and
electricity and supplies more than one-third of its potential electric
output capacity and more than 25 megawatts electric output to any
utility power distribution system for sale shall be considered an
electric utility steam generating unit.

(7)	"Greenfield site" means a contiguous area under common control that
is an undeveloped site.

(8)	"HAP" means hazardous air pollutants.

(9)	"Hazardous air pollutant" means any pollutant listed under Section
112(b) of the federal Clean Air Act.

(10)	"List of source categories" means the source category list required
by Section 112(c) of the federal Clean Air Act.

(11)	"MACT" means maximum achievable control technology.

(12)	"Maximum achievable control technology emission limitation for new
sources" means the emission limitation which is not less stringent than
the emission limitation achieved in practice by the best controlled
similar source, and which reflects the maximum degree of reduction in
emissions that the permitting authority, taking into consideration the
cost of achieving such emission reduction, and any non-air quality
health and environmental impacts and energy requirements, determines is
achievable by the constructed or reconstructed major source.    	

(13)	"Process or production unit" means any collection of structures or
equipment, that processes, assembles, applies, or otherwise uses
material inputs to produce or store an intermediate or final product.  A
single facility may contain more than one process or production unit.

(14)	"Reconstruct a major source" means the replacement of components at
an existing process or production unit that in and of itself emits or
has the potential to emit 10 tons per year of any HAP or 25 tons per
year of any combination of HAP, whenever:

(A)	The fixed capital cost of the new components exceeds 50 percent of
the fixed capital cost that would be required to construct a comparable
process or production unit; and

(B)	It is technically and economically feasible for the reconstructed
major source to meet the applicable maximum achievable control
technology emission limitation for new sources established under this
Subpart.

(15)	"Research and development activities" means activities conducted at
a research or laboratory facility whose primary purpose is to conduct
research and development into new processes and products, where such
source is operated under the close supervision of technically trained
personnel and is not engaged in the manufacture of products for sale or
exchange for commercial profit, except in a de minimis manner.

(16)	"Similar source" means a stationary source or process that has
comparable emissions and is structurally similar in design and capacity
to a constructed or reconstructed major source such that the source
could be controlled using the same control technology.

(d)  Principles of MACT determinations.  The following general
principles shall be used to make a case-by-case MACT determination
concerning construction or reconstruction of a major source under this
Rule:

(1)	The MACT emission limitation or MACT requirements recommended by the
applicant and approved by the Division shall not be less stringent than
the emission control that is achieved in practice by the best controlled
similar source, as determined by the Division.

(2)	Based upon available information, the MACT emission limitation and
control technology (including any requirements under Subparagraph (3) of
this Paragraph) recommended by the applicant and approved by the
Division shall achieve the maximum degree of reduction in emissions of
HAP that can be achieved by utilizing those control technologies that
can be identified from the available information, taking into
consideration the costs of achieving such emission reduction and any
non-air quality health and environmental impacts and energy requirements
associated with the emission reduction.

(3)	The owner or operator  may recommend a specific design, equipment,
work practice, or operational standard, or a combination thereof, and
the Director may approve such a standard if the Division specifically
determines that it is not feasible to prescribe or enforce an emission
limitation under the criteria set forth in Section 112(h)(2) of the
federal Clean Air Act.

(4)	If the EPA has either proposed a relevant emission standard pursuant
to Section 112(d) or 112(h) of the federal Clean Air Act or adopted a
presumptive MACT determination for the source category that includes the
constructed or reconstructed major source, then the MACT requirements
applied to the constructed or reconstructed major source shall have
considered those MACT emission limitations and requirements of the
proposed standard or presumptive MACT determination.

(e)  Effective date of MACT determination. The effective date of a MACT
determination shall be the date of issuance of a permit under procedures
of 15A NCAC 2Q .0300 or .0500 incorporating a MACT determination.

(f)  Compliance date.  On and after the date of start-up, a constructed
or reconstructed major source that is subject to the requirements of
this Rule shall be in compliance with all applicable requirements
specified in the MACT determination.

(g)  Compliance with MACT determinations.   The owner or operator of a
constructed or reconstructed major source that:

(1)	is subject to a MACT determination shall comply with all
requirements set forth in the permit issued under 15A NCAC 2Q .0300 or
.0500, including any MACT emission limitation or MACT work practice
standard, and any notification, operation and maintenance, performance
testing, monitoring, reporting, and recordkeeping requirements; or

(2)	has obtained a MACT determination shall be deemed to be in
compliance with Section 112(g)(2)(B) of the federal Clean Air Act only
to the extent that the constructed or reconstructed major source is in
compliance with all requirements set forth in the permit issued under
15A NCAC 2Q .0300 or .0500.  Any violation of such requirements by the
owner of operator shall be deemed by the Division and by EPA to be a
violation of the prohibition on construction or reconstruction in
Section 112(g)(2)(B) of the federal Clean Air Act for whatever period
the owner or operator is determined to be in violation of such
requirements, and shall subject the owner or operator to appropriate
enforcement action under the General Statutes and the federal Clean Air
Act.

(h)  Requirements for constructed or reconstructed major sources subject
to a subsequently promulgated MACT standard or MACT requirement. If EPA
promulgates an emission standard under Section 112(d) or 112(h) of the
federal Clean Air Act or the Division issues a determination under Rule
.1109 of this Section that is applicable to a stationary source or group
of sources that would be deemed to be a constructed or reconstructed
major source under this Rule: 

(1)	before the date that the owner or operator has obtained a final and
legally effective MACT determination under 15A NCAC 2Q .0300 or .0500,
the owner or operator of the source(s) shall comply with the promulgated
standard or determination rather than any MACT determination under this
Rule by the compliance date in the promulgated standard; or

(2)	after the source has been subject to a prior case-by-case MACT under
this Rule, and the owner or operator obtained a final and legally
effective case-by-case MACT determination prior to the promulgation date
of such emission standard, the Division shall (if the initial permit has
not yet been issued under 15A NCAC 2Q .0500) issue an initial permit
that incorporates the emission standard or determination, or shall (if
the initial permit has been issued under 15A NCAC 2Q .0500) revise the
permit according to the reopening procedures in 15A NCAC 2Q .0517,
Reopening for Cause, whichever is relevant, to incorporate the emission
standard or determination.

(i)  Compliance with subsequent 112(d), 112(h),or 112(j) standards.  EPA
may include in the emission standard established under Section 112(d) or
112(h) of the federal Clean Air Act a specific compliance date for those
sources that have obtained a final and legally effective MACT
determination under this Rule and that have submitted the information
required by 40 CFR 63.43 to EPA before the close of the public comment
period for the standard established under section 112(d) of the federal
Clean Air Act.  Such date shall assure that the owner or operator shall
comply with the promulgated standard as expeditiously as practicable,
but not longer than eight years after such standard is promulgated.  In
that event, the Division shall incorporate the applicable compliance
date in the permit issued under 15A NCAC 2Q .0500.  If no compliance
date has been established in the promulgated 112(d) or 112(h) standard
or determination under Rule .1109 of this Section, for those sources
that have obtained a final and legally effective MACT determination
under this Rule, then the Director shall establish a compliance date in
the permit that assures that the owner or operator shall comply with the
promulgated standard or determination as expeditiously as practicable,
but not longer than eight years after such standard is promulgated or a
determination is made under Rule .1109 of this Section.

(j)  Revision of permit to incorporate less stringent control. 
Notwithstanding the requirements of Paragraph (h) of this Rule, if the
Administrator of EPA promulgates an emission standard under Section
112(d) or Section 112(h) of the federal Clean Air Act or the Division
issues a determination under Rule .1109 of this Section that is
applicable to a stationary source or group of sources that was deemed to
be a constructed or reconstructed major source under this Rule and that
is the subject of a prior case-by-case MACT determination pursuant to 40
CFR 63.43, and the level of control required by the emission standard
issued under Section 112(d) or 112(h) or the determination issued under
Rule .1109 of this Section is less stringent than the level of control
required by any emission limitation or standard in the prior MACT
determination, the Division is not required to incorporate any less
stringent terms of the promulgated standard in the permit issued under
15A NCAC 2Q .0500 applicable to such source(s) and may consider any more
stringent provisions of the prior MACT determination to be applicable
legal requirements when issuing or revising such an operating permit.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5),(10);

Eff. July 1, 1998.

section .1200 - CONTROL OF EMISSIONS FROM INCINERATORS

15A NCAC 02D .1201	PURPOSE AND SCOPE

(a)  This Section sets forth rules for the control of the emissions of
air pollutants from incinerators.

(b)  The rules in this Section apply to all types of incinerators as
defined by 15A NCAC 02D .0101(21), including incinerators with heat
recovery and industrial incinerators.

(c)  The rules in this Section do not apply to:

(1)	afterburners, flares, fume incinerators, and other similar devices
used to reduce the emissions of air pollutants from processes, whose
emissions shall be regulated as process emissions;

(2)	any boilers or industrial furnaces that burn waste as a fuel, except
hazardous waste as defined in 40 CFR 260.10;

(3)	air curtain burners, which shall comply with Section .1900 of this
Subchapter; or

(4)	incinerators used to dispose of dead animals or poultry, that meet
the following requirements:

(A)	the incinerator is located on a farm and is operated by the farm
owner or by the farm operator;

(B)	the incinerator is used solely to dispose of animals or poultry
originating on the farm where the incinerator is located;

(C)	the incinerator is not charged at a rate that exceeds its design
capacity; and

(D)	the incinerator complies with Rule .0521 (visible emissions) and
.1806 (odorous emissions) of this Subchapter.

(d)  If an incinerator is more than one type of incinerator, then the
following order shall be used to determine the standards and
requirements to apply:

(1)	hazardous waste incinerators; 

(2)	sewage sludge incinerators; 

(3)	sludge incinerators; 

(4)	municipal waste combustors; 

(5)	commercial and industrial solid waste incinerators;

(6)	hospital, medical, or infectious waste incinerators (HMIWIs);

(7)	other solid waste incinerators;

(8)	conical incinerators;

(9)	crematory incinerators; and

(10)	other incinerators.

(e)  In addition to any permit that may be required under 15A NCAC 02Q,
Air Quality Permits Procedures, a permit may be required by the Division
of Waste Management as determined by the permitting rules enforced by
the Division of Waste Management.

(f)  Referenced document SW-846 "Test Methods for Evaluating Solid
Waste," Third Edition, cited by rules in this Section is hereby
incorporated by reference and does not include subsequent amendments or
editions. A copy of this document is available for inspection at the
North Carolina Department of Environment and Natural Resources Library
located at 512 North Salisbury Street, Raleigh, NC 27603. Copies of this
document may be obtained through the US Government Printing Office,
Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954,
or by calling (202) 783-3238. The cost of this document is three hundred
nineteen dollars ($319.00).

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(1), (3),
(4), (5);

Eff. October 1, 1991;

Amended Eff. July 1, 2000; July 1, 1999; July 1, 1998; April 1, 1995;
December(1, 1993;

Temporary Amendment Eff. March 1, 2002;

Amended Eff. July 1, 2007; December 1, 2005; August 1, 2002.

15A NCAC 02D .1202	DEFINITIONS

(a)  For the purposes of this Section, the definitions at G.S. 143-212
and 143-213 and 15A NCAC 02D .0101 shall apply, and in addition, the
following definitions shall apply. If a term in this Rule is also
defined at 15A NCAC 02D .0101, then the definition in this Rule
controls.

(1)	"Class I municipal waste combustor" means a small municipal waste
combustor located at a municipal waste combustion plant with an
aggregate plant combustion capacity greater than 250 tons per day of
municipal solid waste.

(2)	"Commercial and industrial solid waste incinerator" (CISWI) or
"commercial and industrial solid waste incineration unit" means any
combustion device, except air pollution control devices, that combusts
commercial and industrial waste.

(3)	"Commercial and industrial waste" means solid waste combusted in an
enclosed device using controlled flame combustion without energy
recovery that is a distinct operating unit of any commercial or
industrial facility (including field-erected, modular, and custom built
incineration units operating with starved or excess air).

(4)	"Co-fired combustor (as defined in 40 CFR Part 60, Subpart Ec)"
means a unit combusting hospital, medical, or infectious waste with
other fuels or wastes (e.g., coal, municipal solid waste) and subject to
an enforceable requirement limiting the unit to combusting a fuel feed
stream, 10 percent or less of the weight of which is comprised, in
aggregate, of hospital, medical, or infectious waste as measured on a
calendar quarter basis. For the purposes of this definition,
pathological waste, chemotherapeutic waste, and low-level radioactive
waste are considered "other" wastes when calculating the percentage of
hospital, medical, or infectious waste combusted.

(5)	"Crematory incinerator" means any incinerator located at a crematory
regulated under 21 NCAC 34C that is used solely for the cremation of
human remains.

(6)	"Construction and demolition waste" means wood, paper, and other
combustible waste, except for hazardous waste and asphaltic material,
resulting from construction and demolition projects.

(7)	"Dioxin and Furan" means tetra- through octa- chlorinated
dibenzo-p-dioxins and dibenzofurans.

(8)	"Hazardous waste incinerator" means an incinerator regulated under
15A NCAC 13A .0101 through .0119, 40 CFR 264.340 to 264.351, Subpart O,
or 265.340 to 265.352, Subpart O.

(9)	"Hospital, medical and infectious waste incinerator (HMIWI)" means
any device that combusts any amount of hospital, medical and infectious
waste. 

(10)	"Large HMIWI" means:

(A)	a HMIWI whose maximum design waste burning capacity is more than 500
pounds per hour;

(B)	a continuous or intermittent HMIWI whose maximum charge rate is more
than 500 pounds per hour; or

(C)	a batch HMIWI whose maximum charge rate is more than 4,000 pounds
per day.

(11)	"Hospital waste" means discards generated at a hospital, except
unused items returned to the manufacturer. The definition of hospital
waste does not include human corpses, remains, and anatomical parts that
are intended for interment or cremation.

(12)	"Institutional facility" means a land-based facility owned or
operated by an organization having a governmental, educational, civic,
or religious purpose, such as a school, hospital, prison, military
installation, church, or other similar establishment or facility.

(13)	"Institutional waste" means solid waste that is combusted at any
institutional facility using controlled flame combustion in an enclosed,
distinct operating unit:

(A)	whose design does not provide for energy recovery and

(B)	which is operated without energy recovery or operated with only
waste heat recovery. 

Institutional waste also means solid waste combusted on site in an air
curtain incinerator that is a distinct operating unit of any
institutional facility.

(14)	"Institutional waste incineration unit" means any combustion unit
that combusts institutional waste and is a distinct operating unit of
the institutional facility that generated the waste. 

(15)	"Large municipal waste combustor" means each municipal waste
combustor unit with a combustion capacity greater than 250 tons per day
of municipal solid waste. 

(16)	"Medical and Infectious Waste" means any waste generated in the
diagnosis, treatment, or immunization of human beings or animals, in
research pertaining thereto, or in the production or testing of
biologicals that is listed in Part (A)(i) through (A)(vii) of this
Subparagraph.

(A)	The definition of medical and infectious waste includes:

(i)	cultures and stocks of infectious agents and associated biologicals,
including:

(I)	cultures from medical and pathological laboratories;

(II)	cultures and stocks of infectious agents from research and
industrial laboratories;

(III)	wastes from the production of biologicals;

(IV)	discarded live and attenuated vaccines; and

(V)	culture dishes and devices used to transfer, inoculate, and mix
cultures;

(ii)	human pathological waste, including tissues, organs, and body parts
and body fluids that are removed during surgery or autopsy, or other
medical procedures, and specimens of body fluids and their containers;

(iii)	human blood and blood products including:

(I)	liquid waste human blood;

(II)	products of blood;

(III)	items saturated or dripping with human blood; or

(IV)	items that were saturated or dripping with human blood that are now
caked with dried human blood including serum, plasma, and other blood
components, and their containers, which were used or intended for use in
either patient care, testing and laboratory analysis or the development
of pharmaceuticals. Intravenous bags are also included in this category;

(iv)	sharps that have been used in animal or human patient care or
treatment or in medical, research, or industrial laboratories, including
hypodermic needles, syringes (with or without the attached needle),
pasteur pipettes, scalpel blades, blood vials, needles with attached
tubing, and culture dishes (regardless of presence of infectious
agents). Also included are other types of broken or unbroken glassware
that were in contact with infectious agents, such as used slides and
cover slips;

(v)	animal waste including contaminated animal carcasses, body parts,
and bedding of animals that were known to have been exposed to
infectious agents during research (including research in veterinary
hospitals), production of biologicals or testing of pharmaceuticals;

(vi)	isolation wastes including biological waste and discarded materials
contaminated with blood, excretions, exudates, or secretions from humans
who are isolated to protect others from highly communicable diseases, or
isolated animals known to be infected with highly communicable diseases;
and

(vii)	unused sharps including the following unused or discarded sharps;

(I)	hypodermic needles;

(II)	suture needles;

(III)	syringes; and

(IV)	scalpel blades.

(B)	The definition of medical and infectious waste does not include:

(i)	hazardous waste identified or listed under 40 CFR Part 261;

(ii)	household waste, as defined in 40 CFR 261.4(b)(1);

(iii)	ash from incineration of medical and infectious waste, once the
incineration process has been completed;

(iv)	human corpses, remains, and anatomical parts that are intended for
interment or cremation; and

(v)	domestic sewage materials identified in 40 CFR 261.4(a)(1).

(17)	"Medium HMIWI" means:

(A)	a HMIWI whose maximum design waste burning capacity is more than 200
pounds per hour but less than or equal to 500 pounds per hour;

(B)	a continuous or intermittent HMIWI whose maximum charge rate is more
than 200 pounds per hour but less than or equal to 500 pounds per hour;
or

(C)	a batch HMIWI whose maximum charge rate is more than 1,600 pounds
per day but less than or equal to 4,000 pounds per day.

(18)	"Municipal waste combustor (MWC) or municipal waste combustor unit"
means a municipal waste combustor as defined in 40 CFR 60.51b.

(19)	"Municipal waste combustor plant" means one or more designated
units at the same location. 

(20)	"Municipal waste combustor unit capacity" means the maximum
charging rate of a municipal waste combustor unit expressed in tons per
day of municipal solid waste combusted, calculated according to the
procedures under 40 CFR 60.58b(j). Section 60.58b(j) includes procedures
for determining municipal waste combustor unit capacity for continuous
and batch feed municipal waste combustors.

(21)	"Municipal-type solid waste (MSW) or Municipal Solid Waste" means
municipal-type solid waste defined in 40 CFR 60.51b.

(22)	"POTW" means a publicly owned treatment works as defined in 40 CFR
501.2.

(23)	"Other solid waste incineration unit" or "OSWI unit" means either a
very small municipal waste combustion unit or an institutional waste
incineration unit, as defined in this Paragraph.

(24)	"Same Location" means the same or contiguous property that is under
common ownership or control including properties that are separated only
by a street, road, highway, or other public right-of-way. Common
ownership or control includes properties that are owned, leased, or
operated by the same entity, parent entity, subsidiary, subdivision, or
any combination thereof including any municipality or other governmental
unit, or any quasi-governmental authority (e.g., a public utility
district or regional waste disposal authority).

(25)	"Sewage sludge incinerator" means any incinerator regulated under
40 CFR Part 503, Subpart E.

(26)	"Sludge incinerator" means any incinerator regulated under Rule
.1110 of this Subchapter but not under 40 CFR Part 503, Subpart E.

(27)	"Small HMIWI" means:

(A)	a HMIWI whose maximum design waste burning capacity is less than or
equal to 200 pounds per hour;

(B)	a continuous or intermittent HMIWI whose maximum charge rate is less
than or equal to 200 pounds per hour; or

(C)	a batch HMIWI whose maximum charge rate is less than or equal to
1,600 pounds per day.

(28)	"Small municipal waste combustor" means each municipal waste
combustor unit with a combustion capacity that is greater than 11 tons
per day but not more than 250 tons per day of municipal solid waste. 

(29)	"Small remote HMIWI" means any small HMIWI which is located more
than 50 miles from the boundary of the nearest Standard Metropolitan
Statistical Area (SMSA) and which burns less than 2,000 pounds per week
of hospital, medical and infectious waste. The 2,000 pound per week
limitation does not apply during performance tests.

(30)	"Standard Metropolitan Statistical Area (SMSA)" means any area
listed in Office of Management and Budget (OMB) Bulletin No. 93-17,
entitled "Revised Statistical Definitions for Metropolitan Areas" dated
July 30, 1993. The referenced document cited by this Item is hereby
incorporated by reference and does not include subsequent amendments or
editions. A copy of this document may be obtained from the Division of
Air Quality, P.O. Box 29580, Raleigh, North Carolina 27626-0580 at a
cost of 10 cents ($0.10) per page or may be obtained through the
internet at
http://www.census.gov/population/estimates/metro-city/93mfips.txt  
HYPERLINK
"http://www.census.gov/population/estimates/metro-city/93mfips.txt"   .

(31)	"Very small municipal waste combustion unit" means any municipal
waste combustion unit that has the capacity to combust less than 35 tons
per day of municipal solid waste or refuse-derived fuel, as determined
by the calculations in 40 CFR 60.3076.

(b)  Whenever reference is made to the Code of Federal Regulations in
this Section, the definition in the Code of Federal Regulations shall
apply unless specifically stated otherwise in a particular rule.

History Note:	Authority G.S. 143-213; 143-215.3(a)(1);

Eff. October 1, 1991;

Amended Eff. July 1, 2000; July 1, 1999; July 1, 1998; July 1, 1996;
April 1, 1995; December 1, 1993;

Temporary Amendment Eff. March 1, 2002;

Amended Eff. July 1, 2007; August 1, 2002.

15A NCAC 02D .1203	HAZARDOUS WASTE INCINERATORS 

(a)  Applicability. This Rule applies to hazardous waste incinerators.

(b)  Definitions. For the purpose of this Rule, the definitions
contained in 40 CFR 260.10, 270.2, and 40 CFR 63.1201 shall apply in
addition to the definitions in Rule .1202 of this Section.

(c)  Emission Standards.

(1)	The emission standards in this Paragraph apply to all incinerators
subject to this Rule except where Rule .0524, .1110, or .1111 of this
Subchapter applies. However, when Subparagraphs (8) or (9) of this
Paragraph or Paragraph (h) of this Rule and Rules .0524, .1110, or .1111
of this Subchapter regulate the same pollutant, the more restrictive
provision for each pollutant shall apply, notwithstanding provisions of
Rules .0524, .1110, or .1111 of this Subchapter to the contrary.

(2)	Particulate Matter. Any incinerator subject to this Rule shall meet
the particulate matter emission requirements of 40 CFR 264.343(c).

(3)	Visible Emissions. Any incinerator subject to this Rule shall comply
with Rule .0521 of this Subchapter for the control of visible emissions.

(4)	Sulfur Dioxide. Any incinerator subject to this Rule shall comply
with Rule .0516 of this Subchapter for the control of sulfur dioxide
emissions.

(5)	Odorous Emissions. Any incinerator subject to this Rule shall comply
with Rule .1806 of this Subchapter for the control of odorous emissions.

(6)	Hydrogen Chloride. Any incinerator subject to this Rule shall meet
the hydrogen chloride emission requirements of 40 CFR 264.343(b).
Compliance with this Subparagraph shall be determined by averaging
emissions over a one-hour period.

(7)	Mercury Emissions. The emissions of mercury and mercury compounds
from the stack or chimney of any incinerator subject to this Rule shall
not exceed 0.032 pounds per hour. Compliance with this Subparagraph
shall be determined by averaging emissions over a one-hour period.

(8)	Toxic Emissions. The owner or operator of any incinerator subject to
this Rule shall demonstrate compliance with Section .1100 of this
Subchapter according to 15A NCAC 02Q .0700 for the control of toxic
emissions.

(9)	Ambient Standards.

(A)	In addition to the ambient air quality standards in Section .0400 of
this Subchapter, the following ambient air quality standards, which are
an annual average, in milligrams per cubic meter at 77 degrees F (25
degrees C) and 29.92 inches (760 mm) of mercury pressure and which are
increments above background concentrations, shall apply aggregately to
all incinerators at a facility subject to this Rule:

(i)	arsenic and its compounds			2.3x10-7

(ii)	beryllium and its compounds		4.1x10-6

(iii)	cadmium and its compounds		5.5x10-6

(iv)	chromium (VI) and its compounds		8.3x10-8

(B)	The owner or operator of a facility with incinerators subject to
this Rule shall demonstrate compliance with the ambient standards in
Subparts (i) through (iv) of Part (A) of this Subparagraph by following
the procedures set out in Rule .1106 of this Subchapter. Modeling
demonstrations shall comply with the requirements of Rule .0533 of this
Subchapter.

(C)	The emission rates computed or used under Part (B) of this
Subparagraph that demonstrate compliance with the ambient standards
under Part (A) of this Subparagraph shall be specified as a permit
condition for the facility with incinerators subject to this Rule as
their allowable emission limits unless Rules .0524, .1110, or .1111 of
this Subchapter requires more restrictive rates.

(d)  Operational Standards.

(1)	The operational standards in this Rule do not apply to any
incinerator subject to this Rule when applicable operational standards
in Rules .0524, .1110, or .1111 of this Subchapter apply.

(2)	Hazardous waste incinerators shall comply with 15A NCAC 13A .0101
through .0119, which are administered and enforced by the Division of
Waste Management.

(e)  Test Methods and Procedures.

(1)	The test methods and procedures described in Section .2600 of this
Subchapter and in 40 CFR Part 60 Appendix A and 40 CFR Part 61 Appendix
B shall be used to determine compliance with emission rates. Method 29
of 40 CFR Part 60 shall be used to determine emission rates for metals.
However, Method 29 shall be used to sample for chromium (VI), and SW 846
Method 0060 shall be used for the analysis.

(2)	The Director may require the owner or operator to test his
incinerator to demonstrate compliance with the emission standards listed
in Paragraph (c) of this Rule.

(f)  Monitoring, Recordkeeping, and Reporting.

(1)	The owner or operator of an incinerator subject to the requirements
of this Rule shall comply with the monitoring, recordkeeping, and
reporting requirements in Section .0600 of this Subchapter, 40 CFR
270.31, and 40 CFR 264.347. 

(2)	The owner or operator of an incinerator subject to the requirements
of this Rule shall maintain and operate a continuous temperature
monitoring and recording device for the primary chamber and, where there
is a secondary chamber, for the secondary chamber. The owner or operator
of an incinerator that has installed air pollution abatement equipment
to reduce emissions of hydrogen chloride shall install, operate, and
maintain continuous monitoring equipment to measure pH for wet scrubber
systems and rate of alkaline injection for dry scrubber systems. The
Director shall require the owner or operator of an incinerator with a
permitted charge rate of 750 pounds per hour or more to install,
operate, and maintain continuous monitors for oxygen or for carbon
monoxide or both as necessary to determine proper operation of the
incinerator. The Director may require the owner or operator of an
incinerator with a permitted charge rate of less than 750 pounds per
hour to install, operate, and maintain monitors for oxygen or for carbon
monoxide or both as necessary to determine proper operation of the
incinerator.

(g)  Excess Emissions and Start-up and Shut-down. All incinerators
subject to this Rule shall comply with Rule .0535, Excess Emissions
Reporting and Malfunctions, of this Subchapter.

(h)  Incinerators subject to this Rule shall comply with the emission
limits, operational specifications, and other restrictions or conditions
determined by the Division of Waste Management under 40 CFR 270.32,
establishing Resource Conservation and Recovery Act permit conditions,
as necessary to protect human health and the environment.

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

Eff. October 1, 1991;

Amended Eff. June 1, 2008; August 1, 2002; July 1, 2000; July 1, 1999;
July 1, 1998; April 1, 1995.

15A NCAC 02D .1204	SEWAGE SLUDGE AND SLUDGE INCINERATORS 

(a)  Applicability. This Rule applies to sewage sludge and sludge
incinerators.

(b)  Definitions. For the purpose of this Rule, the definitions in 40
CFR Part 503 shall apply in addition to the definitions in Rule .1202 of
this Section.

(c)  Emission Standards.

(1)	The emission standards in this Paragraph apply to any incinerator
subject to this Rule except where Rules .0524, .1110, or .1111 of this
Subchapter applies. However when Subparagraphs (11) or (12) of this
Paragraph and Rules .0524, .1110, or .1111 of this Subchapter regulate
the same pollutant, the more restrictive provision for each pollutant
shall apply, notwithstanding provisions of Rules .0524, .1110, or .1111
of this Subchapter to the contrary.

(2)	Particulate Matter. Any incinerator subject to this Rule shall
comply with one of the following emission standards for particulate
matter:

(A)	For refuse charge rates between 100 and 2000 pounds per hour, the
allowable emissions rate for particulate matter from any stack or
chimney of any incinerator subject to this Rule shall not exceed the
level calculated with the equation E=0.002P, calculated to two
significant figures, where "E" equals the allowable emission rate for
particulate matter in pounds per hour and "P" equals the refuse charge
rate in pounds per hour. For refuse charge rates of 0 to 100 pounds per
hour the allowable emission rate is 0.2 pounds per hour. For refuse
charge rates of 2000 pounds per hour or greater the allowable emission
rate shall be 4.0 pounds per hour. Compliance with this Part shall be
determined by averaging emissions over a block three-hour period.

(B)	Instead of meeting the standards in Part (A) of this Subparagraph,
the owner or operator of any incinerator subject to this Rule may choose
to limit particulate emissions from the incinerator to 0.08 grains per
dry standard cubic foot corrected to 12 percent carbon dioxide. In order
to choose this option, the owner or operator of the incinerator shall
demonstrate that the particulate ambient air quality standards will not
be violated. To correct to 12 percent carbon dioxide, the measured
concentration of particulate matter is multiplied by 12 and divided by
the measured percent carbon dioxide. Compliance with this Part shall be
determined by averaging emissions over a block three-hour period.

(3)	Visible Emissions. Any incinerator subject to this Rule shall comply
with Rule .0521 of this Subchapter for the control of visible emissions.

(4)	Sulfur Dioxide. Any incinerator subject to this Rule shall comply
with Rule .0516 of this Subchapter for the control of sulfur dioxide
emissions.

(5)	Odorous Emissions. Any incinerator subject to this Rule shall comply
with Rule .1806 of this Subchapter for the control of odorous emissions.

(6)	Hydrogen Chloride. Any incinerator subject to this Rule shall
control hydrogen chloride emissions such that they do not exceed four
pounds per hour unless they are reduced by at least 90 percent by weight
or to no more than 50 parts per million by volume corrected to seven
percent oxygen (dry basis). Compliance with this Subparagraph shall be
determined by averaging emissions over a one-hour period.

(7)	Mercury Emissions. Emissions of mercury from any incinerator subject
to this Rule are regulated under 15A NCAC 02D .1110.

(8)	Beryllium Emissions. Emissions of beryllium from any incinerator
subject to this Rule are regulated under 15A NCAC 02D .1110.

(9)	Lead Emissions. The daily concentration of lead in sewage sludge fed
to a sewage sludge incinerator shall meet the requirements specified in
40 CFR 503.43(c).

(10)	Other Metal Emissions. The daily concentration of arsenic, cadmium,
chromium, and nickel in sewage sludge fed to a sewage sludge incinerator
shall meet the requirements specified in 40 CFR 503.43(d).

(11)	Toxic Emissions. The owner or operator of any incinerator subject
to this Rule shall demonstrate compliance with Section .1100 of this
Subchapter according to 15A NCAC 02Q .0700.

(12)	Ambient Standards.

(A)	In addition to the ambient air quality standards in Section .0400 of
this Subchapter, the following ambient air quality standards, which are
an annual average, in milligrams per cubic meter at 77 degrees F (25
degrees C) and 29.92 inches (760 mm) of mercury pressure and which are
increments above background concentrations, shall apply aggregately to
all incinerators at a facility subject to this Rule:

(i)	arsenic and its compounds			2.3x10-7

(ii)	beryllium and its compounds		4.1x10-6

(iii)	cadmium and its compounds		5.5x10-6

(iv)	chromium (VI) and its compounds		8.3x10-8

(B)	The owner or operator of a facility with incinerators subject to
this Rule shall demonstrate compliance with the ambient standards in
Subparts (i) through (iv) of Part (A) of this Subparagraph by following
the procedures set out in Rule .1106 of this Subchapter. Modeling
demonstrations shall comply with the requirements of Rule .0533 of this
Subchapter.

(C)	The emission rates computed or used under Part (B) of this
Subparagraph that demonstrate compliance with the ambient standards
under Part (A) of this Subparagraph shall be specified as a permit
condition for the facility with incinerators subject to this Rule as
their allowable emission limits unless Rules .0524, .1110, or .1111 of
this Subchapter requires more restrictive rates.

(d)  Operational Standards.

(1)	The operational standards in this Rule do not apply to any
incinerator subject to this Rule when applicable operational standards
in Rules .0524, .1110, or .1111 of this Subchapter apply.

(2)	Sewage Sludge Incinerators.

(A)	The maximum combustion temperature for a sewage sludge incinerator
shall be specified as a permit condition and be based on information
obtained during the performance test of the sewage sludge incinerator to
determine pollutant control efficiencies as needed to comply with
.1204(c). 

(B)	The values for the operational parameters for the sewage sludge
incinerator air pollution control device(s) shall be specified as a
permit condition and be based on information obtained during the
performance test of the sewage sludge incinerator to determine pollutant
control efficiencies as needed to comply with .1204(c). 

(C)	The monthly average concentration for total hydrocarbons, or carbon
monoxide as provided in 40 CFR 503.40(c), in the exit gas from a sewage
sludge incinerator stack, corrected to zero percent moisture and seven
percent oxygen as specified in 40 CFR 503.44, shall not exceed 100 parts
per million on a volumetric basis using the continuous emission monitor
required in Part (f)(3)(A) of this Rule.

(3)	Sludge Incinerators. The combustion temperature in a sludge
incinerator shall not be less than 1200oF. The maximum oxygen content of
the exit gas from a sludge incinerator stack shall be:

(A)	12 percent (dry basis) for a multiple hearth sludge incinerator;

(B)	seven percent (dry basis) for a fluidized bed sludge incinerator;

(C)	nine percent (dry basis) for an electric sludge incinerator; and

(D)	12 percent (dry basis) for a rotary kiln sludge incinerator.

(e)  Test Methods and Procedures.

(1)	The test methods and procedures described in Section .2600 of this
Subchapter and in 40 CFR Part 60 Appendix A and 40 CFR Part 61 Appendix
B shall be used to determine compliance with emission rates. Method 29
of 40 CFR Part 60 shall be used to determine emission rates for metals.
However, Method 29 shall be used to sample for chromium (VI), and SW 846
Method 0060 shall be used for the analysis.

(2)	The Director may require the owner or operator to test his
incinerator to demonstrate compliance with the emission standards listed
in Paragraph (c) of this Rule.

(3)	The owner or operator of a sewage sludge incinerator shall perform
testing to determine pollutant control efficiencies of any pollution
control equipment and obtain information on operational parameters,
including combustion temperature, to be specified as a permit condition.


(f)  Monitoring, Recordkeeping, and Reporting.

(1)	The owner or operator of an incinerator subject to the requirements
of this Rule shall comply with the monitoring, recordkeeping, and
reporting requirements in Section .0600 of this Subchapter.

(2)	The owner or operator of an incinerator subject to the requirements
of this Rule shall maintain and operate a continuous temperature
monitoring and recording device for the primary chamber and, where there
is a secondary chamber, for the secondary chamber. The owner or operator
of an incinerator that has installed air pollution abatement equipment
to reduce emissions of hydrogen chloride shall install, operate, and
maintain continuous monitoring equipment to measure pH for wet scrubber
systems and rate of alkaline injection for dry scrubber systems.

(3)	In addition to the requirements of Subparagraphs (1) and (2) of this
Paragraph, the owner or operator of a sewage sludge incinerator shall:

(A)	install, operate, and maintain, for each incinerator, continuous
emission monitors to determine the following:

(i)	total hydrocarbon concentration of the incinerator stack exit gas
according to 40 CFR 503.45(a) unless the requirements for continuously
monitoring carbon monoxide as provided in 40 CFR 503.40(c) are
satisfied;

(ii)	oxygen content of the incinerator stack exit gas; and

(iii)	moisture content of the incinerator stack exit gas;

(B)	monitor the concentration of beryllium and mercury from the sludge
fed to the incinerator at least as frequently as required by Rule .1110
of this Subchapter but in no case less than once per year;

(C)	monitor the concentrations of arsenic, cadmium, chromium, lead, and
nickel in the sewage sludge fed to the incinerator at least as
frequently as required under 40 CFR 503.46(a)(2) and (3);

(D)	determine mercury emissions by use of Method 101 or 101A of 40 CFR
Part 61, Appendix B, where applicable to 40 CFR 61.55(a);

(E)	maintain records of all material required under Paragraph (e) of
this Rule and this Paragraph according to 40 CFR 503.47; and

(F)	for class I sludge management facilities (as defined in 40 CFR
503.9), POTWs (as defined in 40 CFR 501.2) with a design flow rate equal
to or greater than one million gallons per day, and POTWs that serve a
population of 10,000 people or greater, submit the information recorded
in Part (D) of this Subparagraph to the Director on or before February
19 of each year.

(g)  Excess Emissions and Start-up and Shut-down. All incinerators
subject to this Rule shall comply with Rule .0535, Excess Emissions
Reporting and Malfunctions, of this Subchapter.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5);

Eff. October 1, 1991;

Amended Eff. June 1, 2008; August 1, 2002; July 1, 2000; July 1, 1999;
July 1, 1998; July 1, 1996; April 1, 1995; December 1, 1993.

15A NCAC 02D .1205	MUNICIPAL WASTE COMBUSTORS 

(a)  Applicability. This Rule applies to: 

(1)	Class I municipal waste combustors, as defined in Rule .1202 of this
Section; and

(2)	Large municipal waste combustors, as defined in Rule .1202 of this
Section.

(b)  Definitions. For the purpose of this Rule, the definitions
contained in 40 CFR 60.51b and 40 CFR 60.1940 (except administration
means the Director of the Division of Air Quality) shall apply in
addition to the definitions in Rule .1202 of this Section.

(c)  Emission Standards.

(1)	The emission standards in this Paragraph apply to any municipal
waste combustor subject to the requirements of this Rule except where
Rule .0524, .1110, or .1111 of this Subchapter applies. However, when
Subparagraphs (13) or (14) of this Paragraph and Rule .0524, .1110, or
.1111 of this Subchapter regulate the same pollutant, the more
restrictive provision for each pollutant shall apply, notwithstanding
provisions of Rules .0524, .1110, or .1111 of this Subchapter to the
contrary.

(2)	Particulate Matter.  Emissions of particulate matter from each
municipal waste combustor shall not exceed 27 milligrams per dry
standard cubic meter corrected to seven percent oxygen.

(3)	Visible Emissions.  The emission limit for opacity from any
municipal waste combustor shall not exceed 10 percent (average of 30
6-minute averages).

(4)	Sulfur Dioxide.

(A)	Emissions of sulfur dioxide from each class I municipal waste
combustor shall be reduced by at least 75 percent by weight or volume of
potential sulfur dioxide emissions or to no more than 31 parts per
million by volume corrected to seven percent oxygen (dry basis),
whichever is less stringent. Compliance with this emission limit is
based on a 24-hour daily block geometric average concentration percent
reduction.

(B)	Emissions of sulfur dioxide from each large municipal waste
combustor shall be:

(i)	reduced by at least 75 percent by weight or volume, or to no more
than 31 parts per million by volume corrected to seven percent oxygen
(dry basis), whichever is less stringent, by August 1, 2000. Compliance
with this emission limit is based on a 24-hour daily geometric mean; and

(ii)	reduced by at least 75 percent by weight or volume, or to no more
than 29 parts per million by volume corrected to seven percent oxygen
(dry basis), whichever is less stringent, by August 1, 2002. Compliance
with this emission limit is based on a 24-hour daily geometric mean.

(5)	Nitrogen Oxide.

(A)	Emissions of nitrogen oxide from each class I municipal waste
combustor shall not exceed the emission limits in Table 3 40 CFR 60,
Subpart BBBB.

(B)	Emissions of nitrogen oxide from each large municipal waste
combustor shall not exceed the emission limits in Table 1 of Paragraph
(d) of 40 CFR 60.33b. Nitrogen oxide emissions averaging is allowed as
specified in 40 CFR 60.33b(d)(1)(i) through (d)(1)(v). 

(C)	In addition to the requirements of Part (B) of this Subparagraph,
emissions of nitrogen oxide from fluidized bed combustors located at a
large municipal waste combustor shall not exceed 180 parts per million
by volume, corrected to seven percent oxygen, by August 1, 2002. If
nitrogen oxide emissions averaging is used as specified in 40 CFR
60.33b(d)(1)(i) through (d)(1)(V), emissions of nitrogen oxide from
fluidized bed combustors located at a large municipal waste combustor
shall not exceed 165 parts per million by volume, corrected to seven
percent oxygen, by August 1, 2002.

(6)	Odorous Emissions. Any incinerator subject to this Rule shall comply
with Rule .1806 of this Subchapter for the control of odorous emissions.

(7)	Hydrogen Chloride.

(A)	Emissions of hydrogen chloride from each class I municipal waste
combustor shall be reduced by at least 95 percent by weight or volume of
potential hydrogen chloride emissions or to no more than 31 parts per
million by volume corrected to seven percent oxygen (dry basis),
whichever is less stringent. Compliance with this Part shall be
determined by averaging emissions over a one-hour period.

(B)	Emissions of hydrogen chloride from each large municipal waste
combustor shall be:

(i)	reduced by at least 95 percent by weight or volume, or to no more
than 31 parts per million by volume, corrected to seven percent oxygen
(dry basis), whichever is less stringent, by August 1, 2000. Compliance
with this emission limit shall be determined by averaging emissions over
a one-hour period; and

(ii)	reduced by at least 95 percent by weight or volume, or to no more
than 29 parts per million by volume, corrected to seven percent oxygen
(dry basis), whichever is less stringent, by August 1, 2002. Compliance
with this emission limit shall be determined by averaging emissions over
a one-hour period.

(8)	Mercury Emissions. Emissions of mercury from each municipal waste
combustor shall be reduced by at least 85 percent by weight of potential
mercury emissions or shall not exceed 0.08 milligrams per dry standard
cubic meter, corrected to seven percent oxygen, whichever is less
stringent. Compliance with this Subparagraph shall be determined by
averaging emissions over a one-hour period.

(9)	Lead Emissions.

(A)	Emissions of lead from each class I municipal waste combustor shall
not exceed 0.49 milligrams per dry standard cubic meter, corrected to
seven percent oxygen.

(B)	Emissions of lead from each large municipal waste combustor shall
not exceed 0.49 milligrams per dry standard cubic meter, corrected to
seven percent oxygen, by August 1, 2000 and shall not exceed 0.44
milligrams per dry standard cubic meter, corrected to seven percent
oxygen, by August 1, 2002.

(10)	Cadmium Emissions.  Emissions of cadmium from each municipal waste
combustor shall not exceed 0.040 milligrams per dry standard cubic
meter, corrected to seven percent oxygen.

(11)	Dioxins and Furans.  Emissions of dioxins and furans from each
municipal waste combustor shall not exceed:

(A)	60 nanograms per dry standard cubic meter (total mass) corrected to
seven percent oxygen for facilities that employ an electrostatic
precipitator-based emission control system, or

(B)	30 nanograms per dry standard cubic meter (total mass) corrected to
seven percent oxygen for facilities that do not employ an electrostatic
precipitator-based emission control system. 

(12)	Fugitive Ash.

(A)	On or after the date on which the initial performance test is
completed, no owner or operator of a municipal waste combustor shall
cause to be discharged to the atmosphere visible emissions of combustion
ash from an ash conveying system (including conveyor transfer points) in
excess of five percent of the observation period (i.e., nine minutes per
three-hour block period), as determined by EPA Reference Method 22
observations as specified in 40 CFR 60.58b(k), except as provided in
Part (B) of this Subparagraph.

(B)	The emission limit specified in Part (A) of this Subparagraph covers
visible emissions discharged to the atmosphere from buildings or
enclosures, not the visible emissions discharged inside of the building
or enclosures, of ash conveying systems.

(13)	Toxic Emissions. The owner or operator of a municipal waste
combustor shall demonstrate compliance with Section .1100 of this
Subchapter according to 15A NCAC 02Q .0700.

(14)	Ambient Standards.

(A)	In addition to the ambient air quality standards in Section .0400 of
this Subchapter, the following ambient air quality standards, which are
an annual average, in milligrams per cubic meter at 77 degrees F (25
degrees C) and 29.92 inches (760 mm) of mercury pressure, and which are
increments above background concentrations, shall apply aggregately to
all incinerators at a facility subject to this Rule:

(i)	arsenic and its compounds			2.3x10-7

(ii)	beryllium and its compounds		4.1x10-6

(iii)	cadmium and its compounds		5.5x10-6

(iv)	chromium (VI) and its compounds		8.3x10-8

(B)	The owner or operator of a facility with incinerators subject to
this Rule shall demonstrate compliance with the ambient standards in
Subparts (i) through (iv) of Part (A) of this Subparagraph by following
the procedures set out in Rule .1106 of this Subchapter. Modeling
demonstrations shall comply with the requirements of Rule .0533 of this
Subchapter.

(C)	The emission rates computed or used under Part (B) of this
Subparagraph that demonstrate compliance with the ambient standards
under Part (A) of this Subparagraph shall be specified as a permit
condition for the facility with incinerators as their allowable emission
limits unless Rule .0524, .1110, or .1111 of this Subchapter requires
more restrictive rates.

(15)	The emission standards of Subparagraphs (1) through (12) of this
Paragraph shall apply at all times except during periods of municipal
waste combustion unit startup, shutdown, or malfunction that last no
more than three hours.

(d)  Operational Standards.

(1)	The operational standards in this Rule do not apply to any
incinerator subject to this Rule when applicable operational standards
in Rule .0524, .1110, or .1111 of this Subchapter applies.

(2)	Each municipal waste combustor shall meet the following operational
standards:

(A)	The concentration of carbon monoxide at the municipal waste
combustor outlet shall not exceed the concentration in:

(i)	table 3 of 40 CFR 60.34b(a) for large municipal waste combustors. 
The municipal waste combustor technology named in this table is defined
in 40 CFR 60.51b; and

(ii)	table 5 of 40 CFR 60 Subpart BBBB. The municipal waste combustor
technology named in this table is defined in 40 CFR 60.1940.

(B)	The load level shall not exceed 110 percent of the maximum
demonstrated municipal waste combustor unit load (four-hour block
average). 

(C)	The temperature at which the combustor operates measured at the
particulate matter control device inlet shall not exceed 63 degrees F
above the maximum demonstrated particulate matter control device
temperature (four-hour block average). 

(D)	The owner or operator of a municipal waste combustor with activated
carbon control system to control dioxins and furans or mercury emissions
shall maintain an eight-hour block average carbon feed rate at or above
the highest average level established during the most recent dioxins and
furans or mercury test and shall evaluate total carbon usage for each
calendar quarter. The total amount of carbon purchased and delivered to
the municipal waste combustor shall be at or above the required
quarterly usage of carbon and shall be calculated as specified in
equation four or five in 40 CFR 60.1935(f). 

(E)	The owner or operator of a municipal waste combustor shall be
exempted from limits on load level, temperature at the inlet of the
particular matter control device, and carbon feed rate during:

(i)	the annual tests for dioxins and furans;

(ii)	the annual mercury tests for carbon feed requirements only;

(iii)	the two weeks preceding the annual tests for dioxins and furans; 

(iv)	the two weeks preceding the annual mercury tests for carbon feed
rate requirements only; and

(v)	any activities to improve the performance of the municipal waste
combustor or its emission control including performance evaluations and
diagnostic or new technology testing.

(3)	Except during start-up where the procedure has been approved
according to Rule .0535(g) of this Subchapter, waste material shall not
be loaded into any incinerator subject to this Rule when the temperature
is below the minimum required temperature. Start-up procedures may be
determined on a case-by-case basis according to Rule .0535(g) of this
Subchapter and Subparagraph (4) of this Paragraph. Incinerators subject
to this Rule shall have automatic auxiliary burners that are capable of
maintaining the required minimum temperature in the secondary chamber
excluding the heat content of the wastes.

(4)	The operational standards of this Paragraph apply at all times
except during periods of municipal waste combustor startup, shutdown, or
malfunction that last no more than: 

(A)	three hours for Class I combustors; or

(B)	three hours except as specified in 40 CFR 60.58b9(a)(1)(iii) for
large municipal waste combustors.

(e)  Test Methods and Procedures.

(1)	The test methods and procedures described in Rule .0501 of this
Subchapter and in 40 CFR Part 60 Appendix A and 40 CFR Part 61 Appendix
B shall be used to determine compliance with emission rates. Method 29
of 40 CFR Part 60 shall be used to determine emission rates for metals.
However, Method 29 shall be used to sample for chromium (VI), and SW 846
Method 0060 shall be used for the analysis.

(2)	The owner or operator of a municipal waste combustor shall do
compliance and performance testing according to 40 CFR 60.58b.

(3)	For large municipal waste combustors that achieve a dioxin and furan
emission level less than or equal to 15 nanograms per dry standard cubic
meter total mass, corrected to seven percent oxygen, the performance
testing shall be performed according to the testing schedule specified
in 40 CFR 60.58b(g)(5)(iii). For class I municipal waste combustors the
performance testing shall be performed according to the testing schedule
specified in 40 CFR  60.1785 to demonstrate compliance with the
applicable emission standards in Paragraph (c) of this Rule.

(4)	The Director may require the owner or operator of any incinerator
subject to this Rule to test his incinerator to demonstrate compliance
with the emission standards in Paragraph (c) of this Rule.

(f)  Monitoring, Recordkeeping, and Reporting.

(1)	The owner or operator of an incinerator subject to the requirements
of this Rule shall comply with the monitoring, recordkeeping, and
reporting requirements in Section .0600 of this Subchapter.

(2)	The owner or operator of an incinerator that has installed air
pollution abatement equipment to reduce emissions of hydrogen chloride
shall install, operate, and maintain continuous monitoring equipment to
measure pH for wet scrubber systems and rate of alkaline injection for
dry scrubber systems. 

(3)	The owner or operator of a municipal waste combustor shall:

(A)	install, calibrate, operate, and maintain, for each municipal waste
combustor, continuous emission monitors to determine the following:

(i)	opacity according to 40 CFR 60.58b(c) for large municipal waste
combustors and 40 CFR 60.1720 for class I municipal waste combustors;

(ii)	sulfur dioxide according to 40 CFR 60.58b(e) for large municipal
waste combustors and 40 CFR 60.1720 for class I municipal waste
combustors;

(iii)	nitrogen oxides according to 40 CFR 60.58b(h) for large municipal
waste combustors and 40 CFR 60.1720 for class I municipal waste
combustors; 

(iv)	oxygen (or carbon dioxide) according to 40 CFR 60.58b(b) for large
municipal waste combustors and 40 CFR 60.1720 for class I municipal
waste combustors; and

(v)	temperature level in the primary chamber and, where there is a
secondary chamber, in the secondary chamber;

(B)	monitor load level of each class I municipal waste combustor
according to 40 CFR 60.1810; 

(C)	monitor temperature of the gases flue at the inlet of the
particulate matter air pollution control device according to 40 CFR
60.1815;

(D)	monitor carbon feed rate if activated carbon is used to abate
dioxins and furans or mercury emissions according to 40 CFR 60.1820;  

(E)	maintain records of the information listed in 40 CFR 60.59b(d)(1)
through (d)(15) for large municipal waste combustors and in 40 CFR
60.1840 through 1855 for class I municipal waste combustors for a period
of at least five years;

(F)	following the initial compliance tests as required under Paragraph
(e) of this Rule, submit the information specified in 40 CFR
60.59b(f)(1) through (f)(6) for large municipal waste combustors and in
40 CFR 60.1875 for class I municipal waste combustors, in the initial
performance test report;

(G)	following the first year of municipal combustor operation, submit an
annual report specified in 40 CFR 60.59b(g) for large municipal waste
combustors and in 40 CFR 60.1885 for class I municipal waste combustors,
as applicable, no later than February 1 of each year following the
calendar year in which the data were collected. Once the unit is subject
to permitting requirements under 15A NCAC 02Q .0500, Title V Procedures,
the owner or operator of an affected facility shall submit these reports
semiannually; and

(H)	submit a semiannual report specified in 40 CFR 60.59b(h) for large
municipal waste combustors and in 40 CFR 60.1900 for class I municipal
waste combustors, for any recorded pollutant or parameter that does not
comply with the pollutant or parameter limit specified in this Section,
according to the schedule specified in 40 CFR 60.59b(h)(6).

(g)  Excess Emissions and Start-up and Shut-down. All municipal waste
combustors subject to this Rule shall comply with Rule .0535, Excess
Emissions Reporting and Malfunctions, of this Subchapter.

(h)  Operator Training and Certification.

(1)	By January 1, 2000, or six months after the date of start-up of a
class I municipal waste combustor, whichever is later, and by July 1,
1999 or six months after the date of start-up of a large municipal waste
combustor, whichever is later:

(A)	Each facility operator and shift supervisor of a municipal waste
combustor shall obtain and maintain a current provisional operator
certification from the American Society of Mechanical Engineers (ASME
QRO-1-1994).

(B)	Each facility operator and shift supervisor of a municipal waste
combustor shall have completed full certification or shall have
scheduled a full certification exam with the American Society of
Mechanical Engineers (ASME QRO-1-1994).

(C)	The owner or operator of a municipal waste combustor plant shall not
allow the facility to be operated at any time unless one of the
following persons is on duty at the affected facility:

(i)	a fully certified chief facility operator;

(ii)	a provisionally certified chief facility operator who is scheduled
to take the full certification exam according to the schedule specified
in Part (B) of this Subparagraph;

(iii)	a fully certified shift supervisor; or

(iv)	a provisionally certified shift supervisor who is scheduled to take
the full certification exam according to the schedule specified in Part
(B) of this Subparagraph.

(D)	If one of the persons listed in this Subparagraph leaves the large
municipal waste combustor during his operating shift, a provisionally
certified control room operator who is onsite at the affected facility
may fulfill the requirements of this Part.

(E)	If one of the persons listed in this Subparagraph leaves the class I
municipal waste combustor during his operating shift, a provisionally
certified control room operator who is onsite at the affected facility
may fulfill the requirements specified in 40 CFR 60.1685.

(2)	The owner or operator of each municipal waste combustor shall
develop and update on a yearly basis a site-specific operating manual
that shall at the minimum address the elements of municipal waste
combustor unit operation specified in 40 CFR 60.54b(e)(1) through
(e)(11).

(3)	By July 1, 1999, or six months after the date of start-up of a
municipal waste combustor, whichever is later, the owner or operator of
the municipal waste combustor plant shall comply with the following
requirements:

(A)	All chief facility operators, shift supervisors, and control room
operators shall complete the EPA municipal waste combustor training
course.

(i)	The requirements specified in Part (A) of this Subparagraph shall
not apply to chief facility operators, shift supervisors and control
room operators who have obtained full certification from the American
Society of Mechanical Engineers on or before July 1, 1998.

(ii)	As provided under 40 CFR 60.39b(c)(4)(iii)(B), the owner or
operator may request that the Administrator waive the requirement
specified in Part (A) of this Subparagraph for the chief facility
operators, shift supervisors, and control room operators who have
obtained provisional certification from the American Society of
Mechanical Engineers on or before July 1, 1998.

(B)	The owner or operator of each municipal waste combustor shall
establish a training program to review the operating manual, according
to the schedule specified in Subparts (i) and (ii) of this Part, with
each person who has responsibilities affecting the operation of an
affected facility, including the chief facility operators, shift
supervisors, control room operators, ash handlers, maintenance
personnel, and crane-load handlers.

(i)	Each person specified in Part (B) of this Subparagraph shall undergo
initial training no later than the date specified in Items (I) through
(III) of this Subpart, whichever is later.

(I)	The date six months after the date of start-up of the affected
facility;

(II)	July 1, 1999; or

(III)	A date prior to the day when the person assumes responsibilities
affecting municipal waste combustor unit operation.

(ii)	Annually, following the initial training required by Subpart (i) of
this Part.

(C)	The operating manual required by Subparagraph (2) of this Paragraph
shall be updated continually and be kept in a readily accessible
location for all persons required to undergo training under Part (B) of
this Subparagraph. The operating manual and records of training shall be
available for inspection by the personnel of the Division on request.

(D)	The operating manual of class I municipal waste combustors shall
contain requirements specified in 40 CFR 60.1665 in addition to
requirements of Part (C) of this Subparagraph.

(4)	The referenced ASME exam in this Paragraph is hereby incorporated by
reference and includes subsequent amendments and editions. Copies of the
referenced ASME exam may be obtained from the American Society of
Mechanical Engineers (ASME), 22 Law Drive, Fairfield, NJ 07007, at a
cost of forty nine dollars ($49.00).

(i)  Compliance Schedules.

(1)	The owner or operator of a large municipal waste combustor shall
choose one of the following three compliance schedule options:

(A)	comply with all the requirements or close before August 1, 2000;

(B)	comply with all the requirements before three years following the
date of issuance of a revised construction and operation permit, if
permit modification is required, or after August 1, 2000, but before
August 1, 2002, if a permit modification is not required. If this option
is chosen, then the owner or operator of the facility shall submit to
the Director measurable and enforceable incremental steps of progress
towards compliance which include:

(i)	a date by which contracts for the emission control system or
equipment shall be awarded or orders issued for purchase of component
parts;

(ii)	a date by which on site construction, installation, or modification
of emission control equipment shall begin;

(iii)	a date by which on site construction, installation, or
modification of emission control equipment shall be completed;

(iv)	a date for initial start-up of emissions control equipment;

(v)	a date for initial performance test(s) of emission control
equipment; and

(vi)	a date by which the municipal waste combustor shall be in
compliance with this Rule, which shall be no later than three years from
the issuance of the permit; or

(C)	close between August 1, 2000, and August 1, 2002. If this option is
chosen then the owner or operator of the facility shall submit to the
Director a closure agreement which includes the date of the plant
closure.

(2)	All large municipal waste combustors for which construction,
modification, or reconstruction commenced after June 26, 1987, but
before September 19, 1994, shall comply with the emission limit for
mercury specified in Subparagraph (c)(8) of this Rule and the emission
limit for dioxin and furan specified in Subparagraph (c)(11) of this
Rule within one year following issuance of a revised construction and
operation permit, if a permit modification is required, or by August 1,
2000, whichever is later.

(3)	The owner or operator of a class I municipal waste combustor shall
choose one of the following four compliance schedule options:

(A)	comply with all requirements of this Rule beginning July 1, 2002; 

(B)	comply with all requirements of this Rule by July 1, 2002 whether a
permit modification is required or not. If this option is chosen, then
the owner or operator shall submit to the Director along with the permit
application if a permit application is needed or by September 1, 2002 if
a permit application is not needed a compliance schedule that contains
the following increments of progress:

(i)	a final control plan as specified in 40 CFR 60.1610;

(ii)	a date by which contracts for the emission control system or
equipment shall be  awarded or orders issued for purchase of component
parts;

(iii)	a date by which onsite construction, installation, or
modernization of emission control system or equipment shall begin;

(iv)	a date by which  onsite construction, installation, or
modernization of emission control system or equipment shall be
completed; and

(v)	a date by which the municipal waste combustor shall be in compliance
with this Rule, which shall be no later no later than December 1, 2004; 

(C)	comply with all requirements of this Rule by closing the combustor
by July 1, 2002 and then reopening it. If this option is chosen the
owner or operator shall:

(i)	meet increments of progress specified in 40 CFR 60.1585, if the
class I combustor is closed and then reopened prior to the final
compliance date; and

(ii)	complete emissions control retrofit and meet the emission limits
and good combustion practices on the date that the class I combustor
reopens operation if the class I combustor is closed and then reopened
after the final compliance date; or

(D)	comply by permanently closing the combustor. If this option is
chosen the owner or operator shall:

(i)	submit a closure notification, including the date of closure, to the
Director by July 1, 2002 if the class I combustor is to be closed on or
before September 1, 2002; or

(ii)	enter into a legally binding closure agreement with the Director by
July 1, 2002 if the class I combustor is to be closed after September 1,
2002, and the combustor shall be closed no later than December 1, 2004.

(4)	The owner or operator of a class I municipal waste combustor that
began construction, reconstruction or modification after June 26, 1987
shall comply with the emission limit for mercury specified in
Subparagraph (c)(8) of this Rule and the emission limit for dioxin and
furan specified in Part (c)(11)(B) of this Rule by July 1, 2002.

(5)	The owner or operator of any municipal waste combustor shall certify
to the Director within five days after the deadline, for each increment
of progress, whether the required increment of progress has been met.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(4),(5);
40 CFR 60.35b; 40 CFR 60.34e; 40 CFR 60.1515;

Eff. October 1, 1991;

Amended Eff. July 1, 2000; July 1, 1999; July 1, 1998; July 1, 1996;
April 1, 1995; 

Temporary Amendment Eff. March 1, 2002;

Amended Eff. August 1, 2002;

Temporary Amendment Eff. March 1, 2003; 

Temporary Amendment Expired December 12, 2003;

Amended Eff. April 1, 2004.

15A NCAC 02D .1206	HOSPITAL, MEDICAL, AND INFECTIOUS WASTE INCINERATORS 

(a)  Applicability. This Rule applies to any hospital, medical, and
infectious waste incinerator (HMIWI), except:

(1)	any HMIWI required to have a permit under Section 3005 of the Solid
Waste Disposal Act;

(2)	any pyrolysis unit;

(3)	any cement kiln firing hospital waste or medical and infectious
waste;

(4)	any physical or operational change made to an existing HMIWI solely
for the purpose of complying with the emission standards for HMIWIs in
this Rule. These physical or operational changes are not considered a
modification and do not result in an existing HMIWI becoming subject to
the provisions of 40 CFR Part 60, Subpart Ec;

(5)	any HMIWI during periods when only pathological waste, low-level
radioactive waste, or chemotherapeutic waste is burned, provided that
the owner or operator of the HMIWI:

(A)	notifies the Director of an exemption claim; and

(B)	keeps records on a calendar quarter basis of the periods of time
when only pathological waste,  low-level radioactive waste, or
chemotherapeutic waste is burned; or

(6)	any co-fired HMIWI, if the owner or operator of the co-fired HMIWI:

(A)	notifies the Director of an exemption claim;

(B)	provides an estimate of the relative weight of hospital, medical and
infectious waste, and other fuels or wastes to be combusted; and

(C)	keeps records on a calendar quarter basis of the weight of hospital,
medical and infectious waste combusted, and the weight of all other
fuels and wastes combusted at the co-fired HMIWI.

(b)  Definitions. For the purpose of this Rule, the definitions
contained in 40 CFR 60.51c shall apply in addition to the definitions in
Rule .1202 of this Section.

(c)  Emission Standards.

(1)	The emission standards in this Paragraph apply to all incinerators
subject to this Rule except where Rules .0524, .1110, or .1111 of this
Subchapter applies. However, when Subparagraphs (13) or (14) of this
Paragraph and Rules .0524, .1110, or .1111 of this Subchapter regulate
the same pollutant, the more restrictive provision for each pollutant
shall apply, notwithstanding provisions of Rules .0524, .1110, or .1111
of this Subchapter to the contrary.

(2)	Particulate Matter.

(A)	Emissions of particulate matter from a HMIWI shall not exceed:

Incinerator Size	

Allowable Emission Rate (mg/dscm)

[corrected to seven percent oxygen]



Small	

115

Medium	69

Large	34



(B)	Emissions of particulate matter from any small remote HMIWI shall
not exceed 197 milligrams per dry standard cubic meter, corrected to
seven percent oxygen.

(3)	Visible Emissions. On and after the date on which the initial
performance test is completed, the owner or operator of any HMIWI shall
not cause to be discharged into the atmosphere from the stack of the
HMIWI any gases that exhibit greater than 10 percent opacity (6-minute
block average).

(4)	Sulfur Dioxide. Emissions of sulfur dioxide from any HMIWI shall not
exceed 55 parts per million corrected to seven percent oxygen (dry
basis).

(5)	Nitrogen Oxide. Emissions of nitrogen oxides from any HMIWI shall
not exceed 250 parts per million by volume corrected to seven percent
oxygen (dry basis).

(6)	Carbon Monoxide. Emissions of carbon monoxide from any HMIWI shall
not exceed 40 parts per million by volume, corrected to seven percent
oxygen (dry basis).

(7)	Odorous Emissions. Any incinerator subject to this Rule shall comply
with Rule  .1806 of this Subchapter for the control of odorous
emissions.

(8)	Hydrogen Chloride.

(A)	Emissions of hydrogen chloride from any small, medium, or large
HMIWI shall be reduced by at least 93 percent by weight or volume or to
no more than 100 parts per million by volume corrected to seven percent
oxygen (dry basis), whichever is less stringent. Compliance with this
Part shall be determined by averaging emissions over a one-hour period.

(B)	Emissions of hydrogen chloride from any small remote HMIWI shall not
exceed 3100 parts per million by volume corrected to seven percent
oxygen (dry basis). Compliance with this Part shall be determined by
averaging emissions over a one-hour period.

(9)	Mercury Emissions.

(A)	Emissions of mercury from any small, medium, or large HMIWI shall be
reduced by at least 85 percent by weight or shall not exceed 0.55
milligrams per dry standard cubic meter, corrected to seven percent
oxygen, whichever is less stringent. Compliance with this Part shall be
determined by averaging emissions over a one-hour period.

(B)	Emissions of mercury from any small remote HMIWI shall not exceed
7.5 milligrams per dry standard cubic meter, corrected to seven percent
oxygen. Compliance with this Part shall be determined by averaging
emissions over a one-hour period.

(10)	Lead Emissions.

(A)	Emissions of lead from any small, medium, or large HMIWI shall be
reduced by at least 70 percent by weight or shall not exceed 1.2
milligrams per dry standard cubic meter, corrected to seven percent
oxygen, whichever is less stringent.

(B)	Emissions of lead from any small remote HMIWI shall not exceed 10
milligrams per dry standard cubic meter, corrected to seven percent
oxygen.

(11)	Cadmium Emissions.

(A)	Emissions of cadmium from any small, medium, or large HMIWI shall be
reduced by at least 65 percent by weight or shall not exceed 0.16
milligrams per dry standard cubic meter, corrected to seven percent
oxygen, whichever is less stringent.

(B)	Emissions of cadmium from any small remote HMIWI shall not exceed 4
milligrams per dry standard cubic meter, corrected to seven percent
oxygen.

(12)	Dioxins and Furans.

(A)	Emissions of dioxins and furans from any small, medium, or large
HMIWI shall not exceed 125 nanograms per dry standard cubic meter total
dioxins and furans, corrected to seven percent oxygen or 2.3 nanograms
per dry standard cubic meter (total equivalency), corrected to seven
percent oxygen.

(B)	Emissions of dioxins and furans from any small remote HMIWI shall
not exceed 800 nanograms per dry standard cubic meter total dioxins and
furans, corrected to seven percent oxygen or 15 nanograms per dry
standard cubic meter (total equivalency), corrected to seven percent
oxygen.

(13)	Toxic Emissions. The owner or operator of any incinerator subject
to this Rule shall demonstrate compliance with Section .1100 of this
Subchapter according to 15A NCAC 02Q .0700.

(14)	Ambient Standards.

(A)	In addition to the ambient air quality standards in Section .0400 of
this Subchapter, the following ambient air quality standards, which are
an annual average, in milligrams per cubic meter at 77 degrees F (25
degrees C) and 29.92 inches (760 mm) of mercury pressure, and which are
increments above background concentrations, shall apply aggregately to
all incinerators at a facility subject to this Rule:

(i)	arsenic and its compounds				2.3x10-7

(ii)	beryllium and its compounds			4.1x10-6

(iii)	cadmium and its compounds			5.5x10-6

(iv)	chromium (VI) and its compounds			8.3x10-8

(B)	The owner or operator of a facility with incinerators subject to
this Rule shall demonstrate compliance with the ambient standards in
Subparts (i) through (iv) of Part (A) of this Subparagraph by following
the procedures set out in Rule .1106 of this Subchapter. Modeling
demonstrations shall comply with the requirements of Rule .0533 of this
Subchapter.

(C)	The emission rates computed or used under Part (B) of this
Subparagraph that demonstrate compliance with the ambient standards
under Part (A) of this Subparagraph shall be specified as a permit
condition for the facility with incinerators subject to this Rule as
their allowable emission limits unless Rules .0524, .1110, or .1111 of
this Subchapter requires more restrictive rates.

(d)  Operational Standards.

(1)	The operational standards in this Rule do not apply to any
incinerator subject to this Rule when applicable operational standards
in Rule .0524, .1110, or .1111 of this Subchapter apply.

(2)	Each small remote HMIWI shall have an initial equipment inspection
by July 1, 2000, and an annual inspection each year thereafter.

(A)	At a minimum, the inspection shall include all the elements listed
in 40 CFR 60.36e(a)(1)(i) through (xvii).

(B)	Any necessary repairs found during the inspection shall be completed
within 10 operating days of the inspection unless the owner or operator
submits a written request to the Director for an extension of the 10
operating day period. The Director shall grant the extension if:

(i)	the owner or operator of the small remote HMIWI demonstrates that
achieving compliance by the time allowed under this Part is not
feasible; and

(ii)	the Director does not extend the time allowed for compliance by
more than 30 days following the receipt of the written request.

(3)	The owner or operator of any HMIWI, except small remote HMIWI,
subject to this Rule shall comply with the compliance and performance
testing requirements of 40 CFR 60.56c, excluding the fugitive emissions
testing requirements under 40 CFR 60.56c(b)(12) and (c)(3).

(4)	The owner or operator of any small remote HMIWI shall comply with
the following compliance and performance testing requirements:

(A)	conduct the performance testing requirements in 40 CFR 60.56c(a),
(b)(1) through (b)(9), (b)(11)(mercury only), and (c)(1). The 2,000
pound per week limitation does not apply during performance tests;

(B)	establish maximum charge rate and minimum secondary chamber
temperature as site-specific operating parameters during the initial
performance test to determine compliance with applicable emission
limits; and

(C)	following the date on which the initial performance test is
completed, ensure that the HMIWI does not operate above the maximum
charge rate or below the minimum secondary chamber temperature measured
as three hour rolling averages, calculated each hour as the average of
all previous three operating hours, at all times except during periods
of start-up, shut-down and malfunction. Operating parameter limits do
not apply during performance tests. Operation above the maximum charge
rate or below the minimum secondary chamber temperature shall constitute
a violation of the established operating parameters.

(5)	Except as provided in Subparagraph (3) of this Paragraph, operation
of the HMIWI above the maximum charge rate and below the minimum
secondary temperature, each measured on a three hour rolling average,
simultaneously shall constitute a violation of the particulate matter,
carbon monoxide, and dioxin and furan emission limits.

(6)	The owner or operator of a HMIWI may conduct a repeat performance
test within 30 days of violation of applicable operating parameters to
demonstrate that the HMIWI is not in violation of the applicable
emission limits. Repeat performance tests conducted pursuant to this
Subparagraph shall be conducted using the identical operating parameters
that indicated a violation under Subparagraph (4) of this Paragraph.

(e)  Test Methods and Procedures.

(1)	The test methods and procedures described in Section .2600 of this
Subchapter and in 40 CFR Part 60 Appendix A and 40 CFR Part 61 Appendix
B shall be used to determine compliance with emission rates. Method 29
of 40 CFR Part 60 shall be used to determine emission rates for metals.
However, Method 29 shall be used to sample for chromium (VI), and SW 846
Method 0060 shall be used for the analysis.

(2)	The Director may require the owner or operator to test his
incinerator to demonstrate compliance with the emission standards listed
in Paragraph (c) of this Rule.

(f)  Monitoring, Recordkeeping, and Reporting.

(1)	The owner or operator of an incinerator subject to the requirements
of this Rule shall comply with the monitoring, recordkeeping, and
reporting requirements in Section .0600 of this Subchapter.

(2)	The owner or operator of an incinerator subject to the requirements
of this Rule shall maintain and operate a continuous temperature
monitoring and recording device for the primary chamber and, where there
is a secondary chamber, for the secondary chamber. The owner or operator
of an incinerator that has installed air pollution abatement equipment
to reduce emissions of hydrogen chloride shall install, operate, and
maintain continuous monitoring equipment to measure pH for wet scrubber
systems and rate of alkaline injection for dry scrubber systems. The
Director shall require the owner or operator of an incinerator with a
permitted charge rate of 750 pounds per hour or more to install,
operate, and maintain continuous monitors for oxygen or for carbon
monoxide or both as necessary to determine proper operation of the
incinerator. The Director may require the owner or operator of an
incinerator with a permitted charge rate of less than 750 pounds per
hour to install, operate, and maintain monitors for oxygen or for carbon
monoxide or both as necessary to determine proper operation of the
incinerator.

(3)	In addition to the requirements of Subparagraphs (1) and (2) of this
Paragraph, the owner or operator of a HMIWI shall comply with the
reporting and recordkeeping requirements listed in 40 CFR 60.58c(b),
(c), (d), (e), and (f), excluding 40 CFR 60.58c(b)(2)(ii) and (b)(7).

(4)	In addition to the requirements of Subparagraphs (1), (2) and (3) of
this Paragraph, the owner or operator of a small remote HMIWI shall:

(A)	maintain records of the annual equipment inspections, any required
maintenance, and any repairs not completed within 10 days of an
inspection;

(B)	submit an annual report containing information recorded in Part (A)
of this Subparagraph to the Director no later than 60 days following the
year in which data were collected. Subsequent reports shall be sent no
later than 12 calendar months following the previous report. The report
shall be signed by the HMIWI manager; and

(C)	submit the reports required by Parts (A) and (B) of this
Subparagraph to the Director semiannually once the HMIWI is subject to
the permitting procedures of 15A NCAC 02Q .0500, Title V Procedures.

(5)	Waste Management Guidelines. The owner or operator of a HMIWI shall
comply with the requirements of 40 CFR 60.55c for the preparation and
submittal of a waste management plan.

(6)	Except as provided in Subparagraph (7) of this Paragraph, the owner
or operator of any HMIWI shall comply with the monitoring requirements
in 40 CFR 60.57c.

(7)	The owner or operator of any small remote HMIWI shall:

(A)	install, calibrate, maintain, and operate a device for measuring and
recording the temperature of the secondary chamber on a continuous
basis, the output of which shall be recorded, at a minimum, once every
minute throughout operation.

(B)	install, calibrate, maintain, and operate a device which
automatically measures and records the date, time, and weight of each
charge fed into the HMIWI.

(C)	obtain monitoring data at all times during HMIWI operation except
during periods of monitoring equipment malfunction, calibration, or
repair. At a minimum, valid monitoring data shall be obtained for 75
percent of the operating hours per day and for 90 percent of the
operating hours per calendar quarter that the HMIWI is combusting
hospital, medical, and infectious waste.

(g)  Excess Emissions and Start-up and Shut-down. All incinerators
subject to this Rule shall comply with Rule .0535, Excess Emissions
Reporting and Malfunctions, of this Subchapter.

(h)  Operator Training and Certification.

(1)	The owner or operator of a HMIWI shall not allow the HMIWI to
operate at any time unless a fully trained and qualified HMIWI operator
is accessible, either at the facility or available within one hour. The
trained and qualified HMIWI operator may operate the HMIWI directly or
be the direct supervisor of one or more HMIWI operators.

(2)	Operator training and qualification shall be obtained by completing
the requirements of 40 CFR 60.53c(c) through (g).

(3)	The owner or operator of a HMIWI shall maintain, at the facility,
all items required by 40 CFR 60.53c(h)(1) through (h)(10).

(4)	The owner or operator of a HMIWI shall establish a program for
reviewing the information required by Subparagraph (3) of this Paragraph
annually with each HMIWI operator. The reviews of the information shall
be conducted annually.

(5)	The information required by Subparagraph (3) of this Paragraph shall
be kept in a readily accessible location for all HMIWI operators. This
information, along with records of training shall be available for
inspection by Division personnel upon request.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 40 CFR
60.34e;

Eff. October 1, 1991;

Amended Eff. June 1, 2008; August 1, 2002; July 1, 2000; July 1, 1999;
July 1, 1998; July 1, 1996; April 1, 1995; December 1, 1993.

15A NCAC 02D .1207	CONICAL INCINERATORS

(a)  Purpose.  The purpose of this Rule is to set forth the requirements
of the Commission relating to the use of conical incinerators in the
burning of wood and agricultural waste.

(b)  Scope.  This Rule shall apply to all conical incinerators which are
designed to incinerate wood and agricultural waste.

(c)  Each conical incinerator subject to this Rule shall be equipped and
maintained with:

(1)	an underfire and an overfire forced air system and variable damper
which is automatically controlled to ensure the optimum temperature
range for the complete combustion of the amount and type of material
waste being charged into the incinerator;

(2)	a temperature recorder for continuously recording the temperature of
the exit gas;

(3)	a feed system capable of delivering the waste to be burned at a
sufficiently uniform rate to prevent temperature from dropping below
800oF during normal operation, with the exception of one startup and one
shutdown per day.

(d)  The owner of the conical incinerator shall monitor and report
ambient particulate concentrations using the appropriate method
specified in 40 CFR Part 50 with the frequency specified in 40 CFR Part
58. The Director may require more frequent monitoring if measured
particulate concentrations exceed the 24-hour concentration allowed
under 15A NCAC 2D .0400. The owner or operator shall report the
monitoring data quarterly to the Division.

(e)  In no case shall the ambient air quality standards as defined in
Section .0400 of this Subchapter be exceeded.

(f)  The conical incinerator shall not violate the opacity standards in
Rule .0521 of this Subchapter.

(g)  The distance a conical incinerator is located and operated from the
nearest structure(s) in which people live or work shall be optimized to
prevent air quality impact and shall be subject to approval by the
Commission.

(h)  New conical incinerators shall be in compliance with this Rule on
startup.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5);

Eff. October 1, 1991;

Amended Eff. July 1, 2000; July 1, 1998.

15A NCAC 02D .1208	OTHER INCINERATORS 

(a)  Applicability.

(1)	This Rule applies to any incinerator not covered under Rules .1203
through .1207, or .1210 through .1212 of this Section.

(2)	If any incinerator subject to this Rule:

(A)	is used solely to cremate pets; or

(B)	if the emissions of all toxic air pollutants from an incinerator
subject to this Rule and associated waste handling and storage are less
than the levels listed in 15A NCAC 02Q .0711; the incinerator is exempt
from Subparagraphs (b)(6) through (b)(9) and Paragraph (c) of this Rule.

(b)  Emission Standards.

(1)	The emission standards in this Rule apply to any incinerator subject
to this Rule except where Rules .0524, 1110, or .1111 of this Subchapter
apply.  However, when Subparagraphs (8) or (9) of this Paragraph and
Rules .0524, .1110, or .1111 of this Subchapter regulate the same
pollutant, the more restrictive provision for each pollutant applies
notwithstanding provisions of Rules .0524, .1110, or .1111 of this
Subchapter to the contrary.

(2)	Particulate Matter.  Any incinerator subject to this Rule shall
comply with one of the following emission standards for particulate
matter:

(A)	For refuse charge rates between 100 and 2000 pounds per hour, the
allowable emissions rate for particulate matter from any stack or
chimney of any incinerator subject to this Rule shall not exceed the
level calculated with the equation E=0.002P calculated to two
significant figures, where "E" equals the allowable emission rate for
particulate matter in pounds per hour and "P" equals the refuse charge
rate in pounds per hour.  For refuse charge rates of 0 to 100 pounds per
hour the allowable emission rate in 0.2 pounds per hour.  For refuse
charge rates of 2000 pounds per hour or greater the allowable emission
rate shall be 4.0 pounds per hour.  Compliance with this Part shall be
determined by averaging emissions over a three-hour block period.

(B)	Instead of meeting the standards in Part (A) of this Subparagraph,
the owner or operator of any incinerator subject to this Rule may choose
to limit particulate emissions from the incinerator to 0.08 grains per
dry standard cubic foot corrected to 12 percent carbon dioxide. In order
to choose this option, the owner or operator of the incinerator shall
demonstrate that the particulate ambient air quality standards will not
be violated.  To correct to 12 percent carbon dioxide, the measured
concentration of particulate matter is multiplied by 12 and divided by
the measured percent carbon dioxide.  Compliance with this Part shall be
determined by averaging emissions over a three-hour block period.

(3)	Visible Emissions.  Any incinerator subject to this Rule shall
comply with Rule .0521 of this Subchapter for the control of visible
emissions.

(4)	Sulfur Dioxide.  Any incinerator subject to this Rule shall comply
with Rule .0516 of this Subchapter for the control of sulfur dioxide
emissions.

(5)	Odorous Emissions. Any incinerator subject to this Rule shall comply
with Rule .1806 of this Subchapter for the control of odorous emissions.

(6)	Hydrogen Chloride. Any incinerator subject to this Rule shall
control emissions of hydrogen chloride such that they do not exceed four
pounds per hour unless they are reduced by at least 90 percent by weight
or to no more than 50 parts per million by volume corrected to seven
percent oxygen (dry basis).  Compliance with this Subparagraph shall be
determined by averaging emissions over a one-hour period.

(7)	Mercury Emissions. Emissions of mercury and mercury compounds from
the stack or chimney of any incinerator subject to this Rule shall not
exceed 0.032 pounds per hour.  Compliance with this Subparagraph shall
be determined by averaging emissions over a one-hour period.

(8)	Toxic Emissions.  The owner or operator of any incinerator subject
to this Rule shall demonstrate compliance with Section .1100 of this
Subchapter according to 15A NCAC 02Q .0700.

(9)	Ambient Standards.

(A)	In addition to the ambient air quality standards in Section .0400 of
this Subchapter, the following ambient air quality standards, which are
an annual average, in milligrams per cubic meter at 77 degrees F (25
degrees C) and 29.92 inches (760 mm) of mercury pressure, and which are
increments above background concentrations, apply aggregately to all
incinerators at a facility subject to this Rule:

(i)	arsenic and its compounds				2.3x10-7

(ii)	beryllium and its compounds			4.1x10-6

(iii)	cadmium and its compounds			5.5x10-6

(iv)	chromium (VI) and its compounds			8.3x10-8

(B)	The owner or operator of a facility with incinerators subject to
this Rule shall demonstrate compliance with the ambient standards in
Subparts (i) through (iv) of Part (A) of this Subparagraph by following
the procedures set out in Rule .1106 of this Subchapter. Modeling
demonstrations shall comply with the requirements of Rule .0533 of this
Subchapter.

(C)	The emission rates computed or used under Part (B) of this
Subparagraph that demonstrate compliance with the ambient standards
under Part (A) of this Subparagraph shall be specified as a permit
condition for the facility with incinerators subject to this Rule as
their allowable emission limits unless Rule .0524, .1110 or .1111 of
this Subchapter requires more restrictive rates.

(c)  Operational Standards.

(1)	The operational standards in this Rule do not apply to any
incinerator subject to this Rule when applicable operational standards
in Rule .0524, .1110, or .1111 of this Subchapter apply.

(2)	Crematory Incinerators.  Gases generated by the combustion shall be
subjected to a minimum temperature of 1600 degrees F for a period of not
less than one second.

(3)	Other Incinerators.  All incinerators not subject to any other rule
in this Section shall meet the following requirement: Gases generated by
the combustion shall be subjected to a minimum temperature of 1800
degrees F for a period of not less than one second.  The temperature of
1800 degrees F shall be maintained at least 55 minutes out of each
60-minute period, but at no time shall the temperature go below 1600
degrees F.

(4)	Except during start-up where the procedure has been approved
according to Rule .0535(g) of this Subchapter, waste material shall not
be loaded into any incinerator subject to this Rule when the temperature
is below the minimum required temperature.  Start-up procedures may be
determined on a case-by-case basis according to Rule .0535(g) of this
Subchapter.  Any incinerator subject to this Rule shall have automatic
auxiliary burners that are capable of maintaining the required minimum
temperature in the secondary chamber excluding the heat content of the
wastes.

(d)  Test Methods and Procedures.

(1)	The test methods and procedures described in Section .2600 of this
Subchapter and in 40 CFR Part 60 Appendix A and 40 CFR Part 61 Appendix
B shall be used to determine compliance with emission rates. Method 29
of 40 CFR Part 60 shall be used to determine emission rates for metals.
However, Method 29 shall be used to sample for chromium (VI), and SW 846
Method 0060 shall be used for the analysis.

(2)	The Director shall require the owner or operator to test his
incinerator to demonstrate compliance with the emission standards listed
in Paragraph (b) of this Rule if necessary to determine compliance with
the emission standards of Paragraph (b) of this Rule.

(e)  Monitoring, Recordkeeping, and Reporting.

(1)	The owner or operator of an incinerator subject to the requirements
of this Rule shall comply with the monitoring, recordkeeping, and
reporting requirements in Section .0600 of this Subchapter.

(2)	The owner or operator of an incinerator, except an incinerator
meeting the requirements of Parts .1201(c)(4)(A) through (D) of this
Section, shall maintain and operate a continuous temperature monitoring
and recording device for the primary chamber and, where there is a
secondary chamber, for the secondary chamber. The Director shall require
a temperature monitoring device for incinerators meeting the
requirements of Parts .1201(c)(4)(A) through (D) of this Section if the
incinerator is in violation of the requirements of Part .1201(c)(4)(D)
of this Section. The owner or operator of an incinerator that has
installed air pollution abatement equipment to reduce emissions of
hydrogen chloride shall install, operate, and maintain continuous
monitoring equipment to measure pH for wet scrubber systems and rate of
alkaline injection for dry scrubber systems. The Director shall require
the owner or operator of an incinerator with a permitted charge rate of
750 pounds per hour or more to install, operate, and maintain continuous
monitors for oxygen or for carbon monoxide or both as necessary to
determine proper operation of the incinerator. The Director shall
require the owner or operator of an incinerator with a permitted charge
rate of less than 750 pounds per hour to install, operate, and maintain
monitors for oxygen or for carbon monoxide or both if necessary to
determine proper operation of the incinerator.

(f)  Excess Emissions and Start-up and Shut-down. Any incinerator
subject to this Rule shall comply with Rule .0535, Excess Emissions
Reporting and Malfunctions, of this Subchapter.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. July 1, 1998;

Amended Eff. August 1, 2008; June 1, 2008; July 1, 2007; January 1,
2005; August 1, 2002; July 1, 2000; July 1, 1999.

15A NCAC 02D .1210	COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATION
UNITS

(a)  Applicability. With the exceptions in Paragraph (b) of this Rule,
this Rule applies to the commercial and industrial solid waste
incinerators (CISWI).

(b)  Exemptions. The following types of incineration units are exempted
from this Rule:

(1)	incineration units covered under Rules .1203 through .1206 of this
Section;

(2)	units, burning 90 percent or more by weight on a calendar-quarter
basis, excluding the weight of auxiliary fuel and combustion air, of
agricultural waste, pathological waste, low-level radioactive waste, or
chemotherapeutic waste, if the owner or operator of the unit:

(A)	notifies the Director that the unit qualifies for this exemption;
and

(B)	keeps records on a calendar-quarter basis of the weight of
agricultural waste, pathological waste,  low level radioactive waste, or
chemotherapeutic waste burned, and the weight of all other fuels and
wastes burned in the unit;

(3)	small power production or cogeneration units if;

(A)	the unit qualifies as a small power-production facility under
Section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)) or as a
cogeneration facility under section 3(18)(B) of the Federal Power Act
(16 U.S.C. 796(18)(B));

(B)	the unit burns homogeneous waste (not including refuse-derived fuel)
to produce electricity; and

(C)	the owner or operator of the unit notifies the Director that the
unit qualifies for this exemption;

(4)	units that combust waste for the primary purpose of recovering
metals;

(5)	cyclonic barrel burners;

(6)	rack, part, and drum reclamation units that burn the coatings off
racks used to hold small items for application of a coating;

(7)	cement kilns;

(8)	chemical recovery units burning materials to recover chemical
constituents or to produce chemical compounds as listed in 40 CFR
60.2555(n)(1) through (7);

(9)	laboratory analysis units that burn samples of materials for the
purpose of chemical or physical analysis;

(10)	air curtain burners covered under Rule .1904 of this Subchapter.

(c)  The owner or operator of a chemical recovery unit not listed under
40 CFR 60.2555(n) may petition the Director to be exempted. The petition
shall include all the information specified under 40 CFR 60.2559(a). 
The Director shall approve the exemption if he finds that all the
requirements of 40 CFR 60.2555(n) are satisfied and that the unit burns
materials to recover chemical constituents or to produce chemical
compounds where there is an existing market for such recovered chemical
constituents or compounds.

(d)  Definitions. For the purpose of this Rule, the definitions
contained in 40 CFR 60.2875 apply in addition to the definitions in Rule
.1202 of this Section.

(e)  Emission Standards. The emission standards in this Rule apply to
all incinerators subject to this Rule except where Rules .0524, .1110,
or .1111 of this Subchapter applies. When Subparagraphs (12) or (13) of
this Paragraph and Rules .0524, .1110, or .1111 of this Subchapter
regulate the same pollutant, the more restrictive provision for each
pollutant applies, notwithstanding provisions of Rules .0524, .1110, or
.1111 of this Subchapter to the contrary.

(1)	Particulate Matter.  Emissions of particulate matter from a CISWI
unit shall not exceed 70 milligrams per dry standard cubic meter
corrected to seven percent oxygen (dry basis). 

(2)	Opacity.  Visible emissions from the stack of a CISWI unit shall
not exceed 10 percent opacity (6-minute block average).

(3)	Sulfur Dioxide.  Emissions of sulfur dioxide from a CISWI unit shall
not exceed 20 parts per million by volume corrected to seven percent
oxygen (dry basis).

(4)	Nitrogen Oxides.  Emissions of nitrogen oxides from a CISWI unit
shall not exceed 368 parts per million by volume corrected to seven
percent oxygen (dry basis). 

(5)	Carbon Monoxide.  Emissions of carbon monoxide from a CIWI unit
shall not exceed 157 parts per million by volume, corrected to seven
percent oxygen (dry basis).  

(6)	Odorous Emissions.  Any incinerator subject to this Rule shall
comply with Rule .1806 of this Subchapter for the control of odorous
emissions.

(7)	Hydrogen Chloride.  Emissions of hydrogen chloride from a CISWI unit
shall not exceed 62 parts per million by volume, corrected to seven
percent oxygen (dry basis).  

(8)	Mercury Emissions.  Emissions of mercury from a CISWI unit shall not
exceed 0.47 milligrams per dry standard cubic meter, corrected to seven
percent oxygen.  

(9)	Lead Emissions.  Emissions of lead from a CISWI unit shall not
exceed 0.04 milligrams per dry standard cubic meter, corrected to seven
percent oxygen. 

(10)	Cadmium Emissions.  Emissions of cadmium from a CISWI unit shall
not exceed 0.004 milligrams per dry standard cubic meter, corrected to
seven percent oxygen. 

(11)	Dioxins and Furans.  Emissions of dioxins and furans from a CISWI
unit shall not exceed 0.41 nanograms per dry standard cubic meter (toxic
equivalency basis), corrected to seven percent oxygen. Toxic equivalency
is given in Table 4 of 40 CFR part 60, Subpart DDDD.

(12)	Toxic Emissions.  The owner or operator of any incinerator subject
to this Rule shall demonstrate compliance with Section .1100 of this
Subchapter according to 15A NCAC 02Q .0700.

(13)	Ambient Standards. 

(A)	In addition to the ambient air quality standards in Section .0400 of
this Subchapter, the following ambient air quality standards, which are
an annual average, in milligrams per cubic meter at 77 degrees F (25
degrees C) and 29.92 inches (760 mm) of mercury pressure, and which are
increments above background concentrations, apply aggregately to all
incinerators at a facility subject to this Rule:

(i)	arsenic and its compounds						2.3x10-7

(ii)	beryllium and its compounds					4.1x10-6

(iii)	cadmium and its compounds					5.5x10-6

(iv)	chromium (VI) and its compounds					8.3x10-8

(B)	The owner or operator of a facility with incinerators subject to
this Rule shall demonstrate compliance with the ambient standards in
Subparts (i) through (iv) of Part (A) of this Subparagraph by following
the procedures set out in Rule .1106 of this Subchapter. Modeling
demonstrations shall comply with the requirements of Rule .0533 of this
Subchapter.

(C)	The emission rates computed or used under Part (B) of this
Subparagraph that demonstrate compliance with the ambient standards
under Part (A) of this Subparagraph shall be specified as a permit
condition for the facility with incinerators as their allowable emission
limits unless Rules .0524, .1110, or .1111 of this Subchapter requires
more restrictive rates.

(f)  Operational Standards.

(1)	The operational standards in this Rule do not apply to any
incinerator subject to this Rule when applicable operational standards
in Rules .0524, .1110, or .1111 of this Subchapter apply.

(2)	If a wet scrubber is used to comply with emission limitations:

(A)	operating limits for the following operating parameters shall be
established:

(i)	maximum charge rate, which shall be measured continuously, recorded
every hour, and calculated using one of the following procedures:

(I)	for continuous and intermittent units, the maximum charge rate is
110 percent of the average charge rate measured during the most recent
compliance test demonstrating compliance with all applicable emission
limitations; or

(II)	for batch units, the maximum charge rate is 110 percent of the
daily charge rate measured during the most recent compliance test
demonstrating compliance with all applicable emission limitations;

(ii)	minimum pressure drop across the wet scrubber, which shall be
measured continuously, recorded every 15 minutes, and calculated as 90
percent of:

(I)	the average pressure drop across the wet scrubber measured during
the most recent performance test demonstrating compliance with the
particulate matter emission limitations, or

(II)	the average amperage to the wet scrubber measured during the most
recent performance test demonstrating compliance with the particulate
matter emission limitations;

(iii)	 minimum scrubber liquor flow rate, which shall be measured
continuously, recorded every 15 minutes, and calculated as 90 percent of
the average liquor flow rate at the inlet to the wet scrubber measured
during the most recent compliance test demonstrating compliance with all
applicable emission limitations; and

(iv)	 minimum scrubber liquor pH, which shall be measured continuously,
recorded every 15 minutes, and calculated as 90 percent of the average
liquor pH at the inlet to the wet scrubber measured during the most
recent compliance test demonstrating compliance with all applicable
emission limitations.

(B)	A three hour rolling average shall be used to determine if operating
parameters in Subparts (A)(i) through (A)(iv) of this Subparagraph have
been met. 

(C)	The owner or operator of the CISWI unit shall meet the operating
limits established during the initial performance test on the date the
initial performance test is required or completed.

(3)	If a fabric filter is used to comply with the emission limitations,
then it shall be operated as specified in 40 CFR 60.2675(c);

(4)	If an air pollution control device other than a wet scrubber is used
or if emissions are limited in some other manner to comply with the
emission standards of Paragraph (e) of this Rule, the owner or operator
shall petition the Director for specific operating limits that shall be
established during the initial performance test and continuously
monitored thereafter. The initial performance test shall not be
conducted until after the Director approves the petition. The petition
shall include:

(A)	identification of the specific parameters to be used as additional
operating limits;

(B)	explanation of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters, and how
limits on these parameters will serve to limit emissions of regulated
pollutants;

(C)	explanation of establishing the upper and lower limits for these
parameters, which will establish the operating limits on these
parameters;

(D)	explanation of the methods and instruments used to measure and
monitor these parameters, as well as the relative accuracy and precision
of these methods and instruments;

(E)	identification of the frequency and methods for recalibrating the
instruments used for monitoring these parameters.

The Director shall approve the petition if he finds that the
requirements of this Subparagraph have been satisfied and that the
proposed operating limits will ensure compliance with the emission
standards in Paragraph (e) of this Rule.

(g)  Test Methods and Procedures.

(1)	For the purposes of this Paragraph, "Administrator" in 40 CFR 60.8
means "Director".

(2)	The test methods and procedures described in Section .2600 of this
Subchapter, in 40 CFR Part 60 Appendix A, 40 CFR Part 61 Appendix B, and
40 CFR 60.2690 shall be used to determine compliance with emission
standards in Paragraph (e) this Rule. Method 29 of 40 CFR Part 60 shall
be used to determine emission standards for metals. However, Method 29
shall be used to sample for chromium (VI), and SW 846 Method 0060 shall
be used for the analysis.

(3)	All performance tests shall consist of a minimum of three test runs
conducted under conditions representative of normal operations.
Compliance with emissions standards under Subparagraph (e)(1), (3)
through (5), and (7) through (11) of this Rule shall be determined by
averaging three one-hour emission tests. These tests shall be conducted
within 12 months following the initial performance test and within every
twelve month following the previous annual performance test after that.

(4)	The owner or operator of CISWI shall conduct an initial performance
test as specified in 40 CFR 60.8 to determine compliance with the
emission standards in Paragraph (e) of this Rule and to establish
operating standards using the procedure in Paragraph (f) of this Rule. 

(5)	The owner or operator of the CISWI unit shall conduct an annual
performance test for particulate matter, hydrogen chloride, and opacity
as specified in 40 CFR 60.8 to determine compliance with the emission
standards for the pollutants in Paragraph (e) of this Rule.

(6)	If the owner or operator of CISWI unit has shown, using performance
tests, compliance with particulate matter, hydrogen chloride, and
opacity for three consecutive years, the Director shall allow the owner
or operator of CISWI unit to conduct performance tests for these three
pollutants every third year. However, each test shall be within 36
months of the previous performance test.  If the CISWI unit continues to
meet the emission standards for these three pollutants the Director
shall allow the owner or operator of CISWI unit to continue to conduct
performance tests for these three pollutants every three years.

(7)	If a performance test shows a deviation from the emission standards
for particulate matter, hydrogen chloride, or opacity, the owner or
operator of the CISWI unit shall conduct annual performance tests for
these three pollutants until all performance tests for three consecutive
years show compliance for particulate matter, hydrogen chloride, or
opacity.

(8)	The owner or operator of CISWI unit may conduct a repeat performance
test at any time to establish new values for the operating limits.

(9)	The owner or operator of the CISWI unit shall repeat the performance
test if the feed stream is different than the feed streams used during
any performance test used to demonstrate compliance.

(10)	If the Director has evidence that an incinerator is violating a
standard in Paragraph (e) or (f) of this Rule or that the feed stream or
other operating conditions have changed since the last performance test,
the Director may require the owner or operator to test the incinerator
to demonstrate compliance with the emission standards listed in
Paragraph (e) of this Rule at any time.

(h)  Monitoring.

(1)	The owner or operator of an incinerator subject to the requirements
of this Rule shall comply with the monitoring, recordkeeping, and
reporting requirements in Section .0600 of this Subchapter.

(2)	The owner or operator of an incinerator subject to the requirements
of this Rule shall establish, install, calibrate to manufacturers
specifications, maintain, and operate:

(A)	devices or methods for continuous temperature monitoring and
recording for the primary chamber and, where there is a secondary
chamber, for the secondary chamber; 

(B)	devices or methods for monitoring the value of the operating
parameters used to determine compliance with the operating parameters
established under Paragraph (f)(2) of this Rule;

(C)	a bag leak detection system that meets the requirements of 40 CFR
60.2730(b) if a fabric filter is used to comply with the requirements of
the emission standards in Paragraph (e) of this Rule; and

(D)	equipment necessary to monitor compliance with the cite-specific
operating parameters established under Paragraph (f)(4) of this Rule. 

(3)	The Director shall require the owner or operator of a CISWI unit
with a permitted charge rate of 750 pounds per hour or more to install,
operate, and maintain continuous monitors for oxygen or for carbon
monoxide or both as necessary to determine proper operation of the CISWI
unit.

(4)	The Director shall require the owner or operator of a CISWI unit
with a permitted charge rate of 750 pounds per hour or less to install,
operate, and maintain continuous monitors for oxygen or for carbon
monoxide or both if necessary to determine proper operation of the CISWI
unit.

(5)	The owner or operator of the CISWI unit shall conduct all monitoring
at all times the CISWI unit is operating, except;

(A)	malfunctions and associated repairs;

(B)	required quality assurance or quality control activities including
calibrations checks and required zero and span adjustments of the
monitoring system.

(6)	The data recorded during monitoring malfunctions, associated
repairs, and required quality assurance or quality control activities
shall not be used in assessing compliance with the operating standards
in Paragraph (f) of this Rule.

(i)  Recordkeeping, and Reporting.

(1)	The owner or operator of CISWI unit shall maintain records required
by this Rule on site in either paper copy or electronic format that can
be printed upon request for a period of five years.

(2)	The owner or operator of CISWI unit shall maintain all records
required under 40 CFR 60.2740.

(3)	The owner or operator of CISWI unit shall submit as specified in
Table 5 of 40 CFR 60, Subpart DDDD the following reports:

(A)	Waste Management Plan;

(B)	initial test report, as specified in 40 CFR 60.2760; 

(C)	annual report as specified in 40 CFR 60.2770;

(D)	emission limitation or operating limit deviation report as specified
in 40 CFR 60.2780;

(E)	qualified operator deviation notification as specified in 40 CFR
60.2785(a)(1);

(F)	qualified operator deviation status report, as specified in 40 CFR
60.2785(a)(2);

(G)	qualified operator deviation notification of resuming operation as
specified in 40 CFR 60.2785(b).

(4)	The owner or operator of the CISWI unit shall submit a deviation
report if:

(A)	any recorded three-hour average parameter level is above the maximum
operating limit or below the minimum operating limit established under
Paragraph (f) of this Rule;

(B)	the bag leak detection system alarm sounds for more than five
percent of the operating time for the six-month reporting period; or

(C)	a performance test was conducted that deviated from any emission
standards in Paragraph (e) of this Rule.

The deviation report shall be submitted by August 1 of the year for data
collected during the first half of the calendar year (January 1 to June
30), and by February 1 of the following year for data collected during
the second half of the calendar year (July 1 to December 31).

(5)	The owner or operator of the CISWI unit may request changing
semiannual or annual reporting dates as specified in this Paragraph, and
the Director may approve the request change using the procedures
specified in 40 CFR 60.19(c).

(6)	Reports required under this Rule shall be submitted electronically
or in paper format, postmarked on or before the submittal due dates.

(7)	If the CISWI unit has been shut down by the Director under the
provisions of 40 CFR  60.2665(b)(2), due to failure to provide an
accessible qualified operator, the owner or operator shall notify the
Director that the operations are resumed once a qualified operator is
accessible.

(j)  Excess Emissions and Start-up and Shut-down. All incinerators
subject to this Rule shall comply with 15A NCAC 2D .0535, Excess
Emissions Reporting and Malfunctions, of this Subchapter.

(k)  Operator Training and Certification.

(1)	The owner or operator of the CISIWI unit shall not allow the CISWI
unit to operate at any time unless a fully trained and qualified CISWI
unit operator is accessible, either at the facility or available within
one hour. The trained and qualified CISWI unit operator may operate the
CISWI unit directly or be the direct supervisor of one or more CISWI
unit operators.

(2)	Operator training and qualification shall be obtained by completing
the requirements of 40 CFR 60.2635(c) by the later of:

(A)	six month after CISWI unit startup; or

(B)	six month after an employee assumes responsibility for operating the
CISWI unit or assumes responsibility for supervising the operation of
the CISWI unit.

(3)	Operator qualification is valid from the date on which the training
course is completed and the operator passes the examination required in
40 CFR 60.2635(c)(2).

(4)	Operator qualification shall be maintained by completing an annual
review or refresher course covering:

(A)	update of regulations;

(B)	incinerator operation, including startup and shutdown procedures,
waste charging, and ash handling;

(C)	inspection and maintenance;

(D)	responses to malfunctions or conditions that may lead to
malfunction;

(E)	discussion of operating problems encountered by attendees.

(5)	Lapsed operator qualification shall be renewed by:

(A)	completing a standard annual refresher course as specified in
Subparagraph (4) of this Paragraph for a lapse less than three years,
and 

(B)	repeating the initial qualification requirements as specified in
Subparagraph (2) of this Paragraph for a lapse of three years or more.

(6)	The owner or operator of the CISIWI unit shall:

(A)	have documentation specified in 40 CFR 60.2660(a)(1) through (10)
and (c)(1) through (c)(3) available at the facility and accessible for
all CISWI unit operators and are suitable for inspection upon request; 

(B)	establish a program for reviewing the documentation specified in
Part (A) of this Subparagraph with each CISWI unit operator:

(i)	the initial review of the documentation specified in Part (A) of
this Subparagraph shall be conducted by the later of the two dates:

(I)	six month after CISWI unit startup; or

(II)	six month after an employee assumes responsibility for operating
the CISWI unit or assumes responsibility for supervising the operation
of the CISWI unit; and 

(ii)	subsequent annual reviews of the documentation specified in Part
(A) of this Subparagraph shall be conducted no later than twelve month
following the previous review.

(7)	The owner or operator of the CISIWI unit shall meet one of the two
criteria specified in 40 CFR 60.2665(a) and (b), depending on the length
of time, if all qualified operators are temporarily not at the facility
and not able to be at the facility within one hour.

(l)  Prohibited waste. The owner or operator of a CISIW shall not
incinerate any of the wastes listed in G.S. 130A-309.10(f1).

(m)  Waste Management Plan.

(1)	The owner or operator of the CISWI unit shall submit a waste
management plan to the Director that identifies in writing the
feasibility and the methods used to reduce or separate components of
solid waste from the waste stream in order to reduce or eliminate toxic
emissions from incinerated waste. 

(2)	The waste management plan shall include:

(A)	consideration of the reduction or separation of waste-stream
elements such as paper, cardboard, plastics, glass, batteries, or
metals; and the use of recyclable materials;

(B)	a description of how the materials listed in G.S. 130A-309.10(f1)
are to be segregated from the waste stream for recycling or proper
disposal;

(C)	identification of any additional waste management measures; and

(D)	implementation of those measures considered practical and feasible,
based on the effectiveness of waste management measures already in
place, the costs of additional measures and the emissions reductions
expected to be achieved and the environmental or energy impacts that the
measures may have.

(n)  The final control plan shall contain the information specified in
40 CFR 60.2600(a)(1) through (5), and a copy shall be maintained on
site.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(4),(5); 40 CFR 60.215(a)(4);

Eff. August 1, 2002;

Amended Eff. June 1, 2008; January 1, 2005.

15A NCAC 02D .1211	OTHER SOLID WASTE INCINERATION UNITS

(a)  Applicability. With the exceptions in Paragraph (b), this Rule
applies to other solid waste incineration (OSWI) units. 

(b)  Exemptions. The following types of incineration units are exempted
from this Rule:

(1)	incineration units covered under Rules .1203 through .1206 and .1210
of this Section;

(2)	units, burning 90 percent or more by weight on a calendar-quarter
basis, excluding the weight of auxiliary fuel and combustion air,
pathological waste, low-level radioactive waste, or chemotherapeutic
waste, if the owner or operator of the unit:

(A)	notifies the Director that the unit qualifies for this exemption;
and

(B)	keeps records on a calendar-quarter basis of the weight,
pathological waste, low-level radioactive waste, or chemotherapeutic
waste burned, and the weight of all other fuels and wastes burned in the
unit;

(3)	Cogeneration units if;

(A)	The unit qualifies as a cogeneration facility under section 3(18)(B)
of the Federal Power Act (16 U.S.C. 796(18)(B));

(B)	The unit burns homogeneous waste (not including refuse-derived fuel)
to produce electricity and steam or other forms of energy used for
industrial, commercial, heating, or cooling purposes; and

(C)	The owner or operator of the unit notifies the Director that the
unit qualifies for this exemption;

(4)	Small power production unit if:

(A)	The unit qualifies as a small power-production facility under
section 3(17)(C) of the Federal Power Act  (16 U.S.C. 796(17)(C));

(B)	The unit burns homogeneous waste (not including refuse-derived fuel)
to produce electricity; and

(C)	The owner or operator of the unit notifies the Director that the
unit qualifies for this exemption.

(5)	units that combust waste for the primary purpose of recovering
metals;

(6)	rack, part, and drum reclamation units that burn the coatings off
racks used to hold items for application of a coating;

(7)	cement kilns;

(8)	laboratory analysis units that burn samples of materials for the
purpose of chemical or physical analysis;

(9)	air curtain burners covered under Rule .1904 of this Subchapter;

(10)	institutional boilers and process heaters regulated under 40 CFR
Part 63, Subpart DDDDD (National Emission Standards for Hazardous Air
Pollutants for Industrial, Commercial, and Institutional Boilers and
Process Heaters);

(11)	rural institutional waste incinerators that meet the conditions in
40 CFR 60.2993(h);

(12)	incinerators that combust contraband or prohibited goods if owned
or operated by a government agency, such as police, customs,
agricultural inspection, or a similar agency, to destroy only illegal or
prohibited goods, such as illegal drugs, or agricultural food products
that cannot be transported into the country or across state lines to
prevent biocontamination.  The exclusion does not apply to items either
confiscated or incinerated by private, industrial, or commercial
entities; or

(13)	Incinerators used for national security and is used solely:

(A)	to destroy national security materials integral to the field
exercises during military training field exercises; or

(B)	to incinerate national security materials when necessary to
safeguard national security if the owner or operator follows to
procedures in 40 CFR 60.2993(q)(2) to receive this exemption. 

(c)  Definitions.  For the purpose of this Rule, the definitions
contained in 40 CFR 60.3078 shall apply in addition to the definitions
in Rule .1202 of this Section.

(d)  Emission Standards.  The emission standards in this Rule apply to
all incinerators subject to this Rule except where Rule .0524, .1110, or
.1111 of this Subchapter applies. When Subparagraphs (12) or (13) of
this Paragraph and Rules .0524, .1110, or .1111 of this Subchapter
regulate the same pollutant, the more restrictive provision for each
pollutant shall apply, notwithstanding provisions of Rules .0524, .1110,
or .1111 of this Subchapter to the contrary.

(1)	Particulate Matter. Emissions of particulate matter from an OSWI
unit shall not exceed 0.013 grains per dry standard cubic foot corrected
to seven percent oxygen, dry basis (3-run average with 1 hour minimum
sample time per run). 

(2)	Opacity. Visible emissions from the stack of an OSWI unit shall not
exceed 10 percent opacity (6-minute block average with 1 hour minimum
sample time per run).

(3)	Sulfur Dioxide. Emissions of sulfur dioxide from an OSWI unit
subject to the requirements of this Rule shall not exceed 3.1 parts per
million by volume corrected to seven percent oxygen, dry basis (3-run
average with 1 hour minimum sample time per run). 

(4)	Nitrogen Oxides. Emissions of nitrogen oxides from an OSWI unit
shall not exceed 103 parts per million by dry volume corrected to seven
percent oxygen, dry basis (3-run average with 1 hour minimum sample time
per run). 

(5)	Carbon Monoxide.  Emissions of carbon monoxide from an OSWI unit
shall not exceed 40 parts per million by dry volume, corrected to seven
percent oxygen, dry basis (3-run average with 1 hour minimum sample time
per run) and 12-hour rolling averages measured using continuous
emissions monitoring system (CEMS). 

(6)	Odorous Emissions. An OSWI unit shall comply with Rule .1806 of this
Subchapter for the control of odorous emissions.

(7)	Hydrogen Chloride. Emissions of hydrogen chloride from an OSWI unit
shall not exceed 15 parts per million by dry volume, corrected to seven
percent oxygen, dry basis (3-run average with 1 hour minimum sample time
per run). 

(8)	Mercury Emissions. Emissions of mercury from an OSWI unit shall not
exceed 74 micrograms per dry standard cubic meter, corrected to seven
percent oxygen, dry basis (3-run average with 1 hour minimum sample time
per run). 

(9)	Lead Emissions. Emissions of lead from an OSWI unit shall not exceed
226 micrograms per dry standard cubic meter, corrected to seven percent
oxygen, dry basis (3-run average with 1 hour minimum sample time per
run). 

(10)	Cadmium Emissions. Emissions of cadmium from an OSWI unit shall not
exceed 18 micrograms per dry standard cubic meter, corrected to seven
percent oxygen, dry basis (3-run average with 1 hour minimum sample time
per run). 

(11)	Dioxins and Furans. Emissions of dioxins and furans from an OSWI
unit shall not exceed 33 nanograms per dry standard cubic meter,
corrected to seven percent oxygen, dry basis (3-run average with 1 hour
minimum sample time per run). 

(12)	Toxic Emissions. The owner or operator of any incinerator subject
to the requirements of this Rule shall demonstrate compliance with
Section .1100 of this Subchapter according to Section 15A NCAC 02Q
.0700.

(13)	Ambient Standards. 

(A)	In addition to the ambient air quality standards in Section .0400 of
this Subchapter, the following ambient air quality standards, which are
an annual average, in milligrams per cubic meter at 77oF (25oC) and
29.92 inches (760 mm) of mercury pressure, and which are increments
above background concentrations, shall apply aggregately to all
incinerators at a facility subject to this Rule:

POLLUTANT	STANDARD

arsenic and its compounds	2.3x10-7

beryllium and its compounds	4.1x10-6

cadmium and its compounds	5.5x10-6

chromium (VI) and its compounds	8.3x10-8



(B)	The owner or operator of a facility with OSWI units subject to this
Rule shall demonstrate compliance with the ambient standards in Part (A)
of this Subparagraph by following the procedures set out in Rule .1106
of this Subchapter. Modeling demonstrations shall comply with the
requirements of Rule .0533 of this Subchapter.

(C)	The emission rates computed or used under Part (B) of this
Subparagraph that demonstrate compliance with the ambient standards
under Part (A) of this Subparagraph shall be specified as a permit
condition for the facility with incinerators as their allowable emission
limits unless Rule .0524, .1110, or .1111 of this Subchapter requires
more restrictive rates.

(e)  Operational Standards.

(1)	The operational standards in this Rule do not apply to an OSWI unit
when applicable operational standards in Rule .0524, .1110, or .1111 of
this Subchapter apply.

(2)	The owner or operator of the OSWI shall meet the emission standards
in Paragraph (d) of this Rule by July 1, 2010.  

(3)	If a wet scrubber is used to comply with emission limitations, then
the owner or operator of the OSWI unit:

(A)	shall establish operating limits for the four operating parameters
as specified in the Table 3 of 40 CFR 60, Subpart FFFF and as described
in Paragraphs 40 CFR 60.3023(a) during the initial performance test,
and;

(B)	shall meet the operating limits established during the initial
performance test beginning on July 1, 2010.

(4)	If an air pollution control device other than a wet scrubber is used
or if emissions are limited in some other manner to comply with the
emission standards of Paragraph (d) of this Rule, the owner or operator
of the OSWI unit subject to the requirements of this Rule shall petition
the US Environmental Protection Agency (EPA) for specific operating
limits that shall be established during the initial performance test and
continuously monitored thereafter. The initial performance test shall
not be conducted until after the EPA approves the petition. The petition
shall include the five items listed in the Paragraph 40 CFR 60.3024(a)
through (e). 

(f)  Periods of Startup, Shutdown, and Malfunction.  The emission and
operating standards apply at all times except during OSWI unit startups,
shutdowns, or malfunctions.

(g)  Test Methods and Procedures.

(1)	The test methods and procedures described in Rule .0501 of this
Subchapter, 40 CFR Part 60, Appendix A, 40 CFR Part 61, Appendix B, and
40 CFR 60.3027 shall be used to determine compliance with the emission
standards in Paragraph (d) this Rule. 

(2)	The owner or operator of OSWI unit shall conduct:

(A)	an initial performance test as required under 40 CFR 60.8 and
according to  40 CFR 60.3027, no later than July 1, 2010; and after
that;

(B)	annual performance tests according to  40 CFR 60.3027 and 40 CFR
60.3033, within 12 months following the initial performance test and
within each 12 months thereafter.

(3)	The owner or operator of OSWI unit shall use the results of these
tests:

(A)	to demonstrate compliance with the emission standards in Paragraph
(d) of this Rule, and;

(B)	to establish operating standards using the procedures in
Subparagraphs (e)(3) and (e)(4) of this Rule.

(4)	The owner or operator of OSWI unit may conduct annual performance
testing less often if the requirements of 40 CFR 60.3035 are met.

(5)	The owner or operator of OSWI unit may conduct a repeat performance
test at any time to establish new values for the operating limits. The
Director may request a repeat performance test at any time if he finds
that the current operating limits are no longer appropriate.

(h)  Monitoring.

(1)	The owner or operator of OSWI unit shall comply with the monitoring,
recordkeeping, and reporting requirements in Section .0600 of this
Subchapter and in 40 CFR 60.13, Monitoring Requirements.

(2)	The owner or operator of OSWI unit shall:

(A)	install, calibrate to manufacturers specifications, maintain, and
operate continuous emission monitoring systems for carbon monoxide and
for oxygen.  The oxygen concentration shall be monitored at each
location where the carbon monoxide concentrations are monitored;

(B)	operate the continuous monitoring system according to 40 CFR
60.3039;

(C)	conduct daily, quarterly, and annual evaluations of the continuous
emission monitoring systems according to 40 CFR 60.3040;

(D)	collect the minimum amount of monitoring data using the procedures
in 40 CFR 60.3041(a) through (e) if the continuous emission monitoring
system is operating or the procedures in 40 CFR 60.3041(f) if the
continuous emissions monitoring system is temporarily unavailable; and

(E)	convert the one-hour arithmetic averages into the appropriate
averaging times and units as specified in 40 CFR 60.3042 to monitor
compliance with the emission standards in Paragraph (d) of this Rule.

(3)	The owner or operator of OSWI unit shall:

(A)	install, calibrate to manufacturers specifications, maintain, and
operate devices or establish methods for monitoring or measuring the
operating parameters as specified in  40 CFR 60.3043; and

(B)	obtain operating parameter monitoring data as specified in 40 CFR
60.3044 to monitor compliance with the operational standards in
Paragraph (e) of this Rule. 

(i)  Recordkeeping and Reporting. The owner or operators of an OSWI
unit:

(1)	shall maintain all records required specified in 40 CFR 60.3046;

(2)	shall keep and submit records according to 40 CFR 60.3047;

(3)	shall submit, as specified in 40 CFR 60.3048, the following reports:

(A)	an initial test report and operating limits, as specified in 40 CFR
60.3049(a) and (b);

(B)	a waste management plan as specified in 40 CFR 60.3049(c); and 

(C)	an annual report as specified in 40 CFR 60.3050 and 40 CFR 60.3051;

(D)	a deviation report as specified in 40 CFR 60.3053 if a deviation
from the operating limits or the emission limitations occurs according
to 40 CFR 60.3052(a); the deviation report shall be submitted following
40 CFR 60.3052(b);

(E)	a deviation report according to 40 CFR 60.3054(a) if a deviation
from the requirement to have a qualified operator accessible occurs; 

(4)	shall keep records and submit reports and notifications as required
by 40 CFR 60.7;

(5)	may request changing semiannual or annual reporting dates as
specified in this Paragraph; the Director may approve the request change
using the procedures in 40 CFR 60.19(f).

(6)	shall submit reports in electronic or paper format postmarked on or
before the submittal due dates.

(j)  Excess Emissions and Start-up and Shut-down.  All OSWI units shall
comply with Rule .0535, Excess Emissions Reporting and Malfunctions, of
this Subchapter.

(k)  Operator Training and Certification.

(1)	No OSWI unit shall be operated unless a fully trained and qualified
OSWI unit operator is accessible, either at the facility or available
within one hour.  The trained and qualified OSWI unit operator may
operate the OSWI unit directly or be the direct supervisor of one or
more other plant personnel who operate OSWI unit.

(2)	Operator training and qualification shall be obtained by completing
the requirements of 40 CFR 60.3014(c) by the latest of:

(A)	January 1, 2010,

(B)	six month after OSWI unit startup, or

(C)	six month after an employee assumes responsibility for operating the
OSWI unit or assumes responsibility for supervising the operation of the
OSWI unit.

(3)	Operator qualification shall be valid from the date on which the
training course is completed and the operator successfully passes the
examination required in 40 CFR 60.3014 (c)(2).

(4)	Operator qualification shall be maintained by completing an annual
review or refresher course covering:

(A)	update of regulations;

(B)	incinerator operation, including startup and shutdown procedures,
waste charging, and ash handling;

(C)	inspection and maintenance;

(D)	responses to malfunctions or conditions that may lead to
malfunction; and

(E)	discussion of operating problems encountered by attendees.

(5)	Lapsed operator qualification shall be renewed by:

(A)	Completing a standard annual refresher course as specified in
Subparagraph (4) of this Paragraph for a lapse less than three years,
and 

(B)	Repeating the initial qualification requirements as specified in
Subparagraph (3) of this Paragraph for a lapse of three years or more.

(6)	The owner or operator of the OSWI unit subject to the requirements
of this Rule shall:

(A)	have documentation specified in 40 CFR 60.3019(a) and (c) available
at the facility and readily accessible for all OSWI unit operators and
are suitable for inspection upon request; 

(B)	establish a program for reviewing the documentation specified in
Part (A) of this Subparagraph with each OSWI unit operator in a manner
that the initial review of the information listed in Part (A) of this
Subparagraph shall be conducted by the later of the three dates: January
1, 2010, six month after OSWI unit startup, or six month after an
employee assumes responsibility for operating the OSWI unit or assumes
responsibility for supervising the operation of the OSWI unit; and
subsequent annual reviews of the information listed in Part (A) of this
Subparagraph shall be conducted no later than twelve month following the
previous review.

(7)	The owner or operator of the OSWI unit shall follow the procedures
in 40 CFR 60.3020 if all qualified OSWI unit operators are temporarily
not at the facility and not able to be at the facility within one hour.

(l)  Waste Management Plan.

(1)	The owner or operator of the OSWI unit shall submit a waste
management plan that identifies in writing the feasibility and the
methods used to reduce or separate components of solid waste from the
waste stream in order to reduce or eliminate toxic emissions from
incinerated waste. A waste management plan shall be submitted to the
Director before September 1, 2010.

(2)	The waste management plan shall include:

(A)	consideration of the reduction or separation of waste-stream
elements such as paper, cardboard, plastics, glass, batteries, or
metals; and the use of recyclable materials;

(B)	identification of any additional waste management measures;

(C)	implementation of those measures considered practical and feasible,
based on the effectiveness of waste management measures already in
place;

(D)	the costs of additional measures and the emissions reductions
expected to be achieved; and 

(E)	any other environmental or energy impacts.

(m)  Compliance Schedule.

(1)	This Paragraph applies only to OSWI that commenced construction on
or before December 9, 2004.

(2)	The owner or operator of an OSWI unit shall submit a permit
application, including a compliance schedule, to the Director before
January 1, 2008. 

(3)	All OSWI shall be in compliance with this Rule no later than January
1, 2010.

(4)	The owner or operator of an CISWI unit shall notify the Director
within 10 business days after the OSWI unit is to be in final compliance
whether the final compliance has been achieved. The final compliance is
achieved by completing all process changes and retrofitting construction
of control devices, as specified in the permit application and required
by its permit, so that, if the affected OSWI unit is brought on line,
all necessary process changes and air pollution control devices would
operate as designed and permitted. If the final compliance has not been
achieved the owner or operator of the OSWI unit, shall submit a
notification informing the Director that the final compliance has not
been met and submit reports each subsequent calendar month until the
final compliance is achieved. 

(5)	The owner or operator of an OSWI unit who closes the OSWI unit and
restarts it before January 1, 2010 shall submit a permit application,
including a compliance schedule, to the Director. Final compliance shall
be achieved by January 1, 2010.

(6)	The owner or operator of an OSWI unit who closes the OSWI unit and
restarts it after January 1, 2010, shall submit a permit application to
the Director and shall complete the emission control retrofit and meet
the emission limitations of this Rule by the date that the OSWI unit
restarts operation. The initial performance test shall be conducted
within 30 days of restarting the OSWI unit.

(7)	The permit applications for OSWI units shall be processed under 15A
NCAC 02Q .0500, Title V Procedures.

(8)	The owner or operator of an OSWI unit who plans to close it rather
than comply with the requirements of this Rule shall submit a closure
notification including the date of closure to the Director by January 1,
2008, and shall cease operation by January 1, 2010.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(4), (5), (10); 40 CFR 60.3014 through 60.3020;

Eff. August 1, 2007.

SECTION .1300 - OXYGENATED GASOLINE STANDARD

15A NCAC 02D .1301	PURPOSE

This Section sets forth oxygenated gasoline standards in areas where an
oxygenated gasoline program is implemented pursuant to State law for all
gasoline sold wholesale for use or for all gasoline sold retail, offered
for use, dispensed, or otherwise provided for use in any spark-ignition
engine other than aircraft in the areas defined in Rule .1302 of this
Section during the time periods defined in Rule .1302(c) of this
Section.

History Note:	Filed as a Temporary Amendment Eff. October 23, 1995 for a
period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(7);

Eff. September 1, 1992;

Amended Eff. September 1, 1996; November 1, 1994.

15A NCAC 02D .1302	APPLICABILITY

(a)  This Section shall apply to gasoline identified in Rule .1301 of
this Section during the time period described in Paragraph (c) of this
Rule in any of the following areas, and in that area only, when the
Director notices in accordance with Paragraph (b) of this Rule in the
North Carolina Register that oxygenated gasoline is needed in that area
to attain and maintain the ambient air quality standard for carbon
monoxide:

(1)	the Greensboro/Winston-Salem/High Point Metropolitan Statistical
Area consisting of Davie, Davidson, Forsyth, Guilford, Randolph, Stokes,
and Yadkin Counties;

(2)	the Charlotte/Gastonia/Rock Hill Metropolitan Statistical Area
consisting of Cabarrus, Gaston, Mecklenburg, and Union Counties; and

(3)	the Raleigh/Durham Metropolitan Statistical Area consisting of
Durham, Franklin, Orange, and Wake Counties.

(b)  If a violation of the ambient air quality standard for carbon
monoxide is measured in accordance with 40 CFR 50.8 in one of the areas
named in Paragraph (a) of this Rule, the Director shall initiate
analyses to determine if additional measures are needed to attain and
maintain the ambient air quality standards in that area.  If the
Director finds that 2.7 percent oxygen by weight oxygenated gasoline is
needed, the Director shall notice in the North Carolina Register by the
following September 1 that only oxygenated gasoline shall be sold in
that area beginning on the following November 1.  The notice shall
identify the area in which oxygenated gasoline shall be sold.  Also by
the following July 1, the Director shall notify the Gasoline and Oil
Inspection Board and the primary gasoline distributors that only
oxygenated gasoline shall be sold in the area beginning on the following
November 1.

(c)  This Section applies to gasoline identified in Rule .1301 of this
Section and in the counties identified in Paragraph (a) of this Rule for
the four-month period beginning November 1 and running through the last
day of February of the following year.

(d)  Gasoline in storage within the counties identified in Paragraph (a)
of this Rule prior to November 1 of the year in which this Section goes
into effect at a dispensing facility having total gasoline tank capacity
of less than 550 gallons or a total weekly dispensing rate of less than
550 gallons is exempted from Rule .1304 of this Section, but any
gasoline supplied to the facility during the period identified in
Paragraph (c) of this Rule shall comply with Rule .1304 of this Section.

History Note:	Filed as a Temporary Amendment Eff. October 23, 1995 for a
period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(7);

Eff. September 1, 1992;

Amended Eff. September 1, 1996; November 1, 1994.

15A NCAC 02D .1303	DEFINITIONS

For the purpose of this Section, "oxygenated gasoline" means any
gasoline which contains a substance or substances to raise the oxygen
content of the gasoline to conform with Rule .1304 of this Section.

History Note:	Authority G.S. 143-213; 143-215.3(a)(1);
143-215.108(c)(7);

Eff. September 1, 1992.

15A NCAC 02D .1304	OXYGEN CONTENT STANDARD

Gasoline to which this Section applies in accordance with Rule .1302(a)
of this Section shall have an oxygen content of not less than 2.7
percent by weight during the period defined in Rule .1302(c) of this
Section.

History Note:	Filed as a Temporary Amendment Eff. October 23, 1995 for a
period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(7);

Eff. September 1, 1992;

Amended Eff. September 1, 1996; November 1, 1994.

15A NCAC 02D .1305	MEASUREMENT AND ENFORCEMENT

(a)  Gasoline samples shall be taken and handled by methods approved by
the Gasoline and Oil Inspection Board.

(b)  Gasoline samples shall be analyzed by the American Society for
Testing and Materials (ASTM) standard test method, designation D 4815-89
or by other methods approved by the Gasoline and Oil Inspection Board
and the United States Environmental Protection Agency.

(c)  Enforcement shall be in accordance with procedures adopted by the
Gasoline and Oil Inspection Board in 2 NCAC 42 .0100.

History Note:	Authority G.S. 119-26; 143-215.3(a)(1);
143-215.107(a)(3),(7); 150B-21.6;

Eff. September 1, 1992;

Amended Eff. July 1, 1998.

SECTION .1400 – NITROGEN OXIDES

15A NCAC 02D .1401	DEFINITIONS

(a)  For the purpose of this Section, the definitions at G.S 143-212 and
G.S. 143-213, and 15A NCAC 02D .0101 shall apply, and in addition the
following definitions apply. If a term in this Rule is also defined at
15A NCAC 02D .0101, then the definition in this Rule controls. 

(1)	"Acid rain program" means the federal program for the reduction of
acid rain including 40 CFR Parts 72, 75, 76, and 77.

(2)	"Actual emissions" means for Rules .1416 through .1422 of this
Section, emissions of nitrogen oxides as measured and calculated
according to 40 CFR Part 75, Subpart H.

(3)	"Actual heat input" means for Rules .1416 through .1422 of this
Section, heat input as measured and calculated according to 40 CFR Part
75, Subpart H.

(4)	"Averaging set of sources" means all the stationary sources included
in an emissions averaging plan according to Rule .1410 of this Section.

(5)	"Averaging source" means a stationary source that is included in an
emissions averaging plan in accordance to Rule .1410 of this Section. 

(6)	"Boiler" means an enclosed fossil or other fuel-fired combustion
device used to produce heat and to transfer heat to recirculating water,
steam, or other medium.

(7)	"Combined cycle system" means a system consisting of one or more
combustion turbines, heat recovery steam generators, and steam turbines
configured to improve overall efficiency of electricity generation or
steam production.

(8)	"Combustion turbine" means an enclosed fossil or other fuel-fired
device that is comprised of a compressor, a combustor, and a turbine,
and in which the flue gas resulting from the combustion of fuel in the
combustor passes through the turbine, rotating the turbine.

(9)	"Diesel engine" means a compression ignited two- or four-stroke
engine in which liquid fuel injected into the combustion chamber ignites
when the air charge has been compressed to a temperature sufficiently
high for auto-ignition.

(10)	"Dual fuel engine" means a compression ignited stationary internal
combustion engine that is burning liquid fuel and gaseous fuel
simultaneously.

(11)	"Emergency generator" means a stationary internal combustion engine
used to generate electricity only during:

(A)	the loss of primary power at the facility that is beyond the control
of the owner or operator of the facility; or 

(B)	maintenance when maintenance is being performed on the power supply
to equipment that is essential in protecting the environment or to such
equipment itself.

An emergency generator may be operated periodically to ensure that it
will operate.

(12)	"Emergency use internal combustion engines" means stationary
internal combustion engines used to drive pumps, aerators, and other
equipment only during:

(A)	the loss of primary power at the facility that is beyond the control
of the owner or operator of the facility; or 

(B)	maintenance when  maintenance is being performed on the power supply
to equipment that is essential in protecting the environment or to such
equipment itself.

An emergency use internal combustion engine may be operated periodically
to ensure that it will operate.

(13)	"Excess emissions" means an emission rate that exceeds the
applicable limitation or standard; for the purposes of this definition,
nitrogen oxides emitted by a source covered under Rules .1416, .1417, or
.1418 of this Section during the ozone season above its allocation, as
may be adjusted under Rule .1419 of this Section, are not considered
excess emissions.

(14)	"Fossil fuel fired" means:

(A)	For sources that began operation before January 1, 1996, where
fossil fuel actually combusted either alone or in combination with any
other fuel, comprises more than 50 percent of the annual heat input on a
Btu basis during 1995, or, if a source had no heat input in 1995, during
the last year of operation of the unit before 1995;

(B)	For sources that began operation on or after January 1, 1996 and
before January 1, 1997, where fossil fuel actually combusted either
alone or in combination with any other fuel, comprises more than 50
percent of the annual heat input on a Btu basis during 1996; or

(C)	For sources that began operation on or after January 1, 1997:

(i)	Where fossil fuel actually combusted either alone or in combination
with any other fuel, comprises more than 50 percent of the annual heat
input on a Btu basis during any year; or

(ii)	Where fossil fuel combusted either alone or in combination with any
other fuel, is projected to comprise more than 50 percent of the annual
heat input on a Btu basis during any year, provided that the unit shall
be "fossil fuel-fired" as of the date, during such year, on which the
source begins combusting fossil fuel.

(15)	"Indirect-fired process heater" means an enclosed device using
controlled flame where the device's primary purpose is to transfer heat
by indirect heat exchange to a process fluid, a process material that is
not a fluid, or a heat transfer material, instead of steam, for use in a
process.

(16)	"Lean-burn internal combustion engine" means a spark ignition
internal combustion engine originally designed and manufactured to
operate with an exhaust oxygen concentration greater than one percent.

(17)	"NOx" means nitrogen oxides.

(18)	"Ozone season" means the period beginning May 31 and ending
September 30 for 2004 and beginning May 1 and ending September 30 for
all other years. 

(19)	"Potential emissions" means the quantity of NOx that would be
emitted at the maximum capacity of a stationary source to emit NOx under
its physical and operational design.  Any physical or operational
limitation on the capacity of the source to emit NOx shall be treated as
a part of its design if the limitation is federally enforceable.  Such
physical or operational limitations include air pollution control
equipment and restrictions on hours of operation or on the type or
amount of material combusted, stored, or processed.

(20)	"Projected seasonal energy input" means the maximum design heat
input per hour times 3300 hours.

(21)	"Projected seasonal energy output" means the maximum design energy
output per hour times 3300 hours.

(22)	"Reasonable assurance" means a demonstration to the Director that a
method, procedure, or technique is possible and practical for a source
or facility under the expected operating conditions.

(23)	"Reasonably Available Control Technology" or "RACT" means the
lowest emission limitation for NOx that a particular source can meet by
the application of control technology that is reasonably available
considering technological and economic feasibility.

(24)	"Reasonable effort" means the proper installation of technology
designed to meet the requirements of Rules .1407, .1408, or .1409 of
this Section and the utilization this technology, according to the
manufacturer's recommendations or other similar guidance for not less
than six months, in an effort to meet the applicable limitation for a
source.

(25)	"Rich-burn internal combustion engine" means a spark ignition
internal combustion engine originally designed and manufactured to
operate with an exhaust oxygen concentration less than or equal to one
percent.

(26)	"Seasonal energy input" means the total energy input of a
combustion source during the period beginning May 1 and ending September
30.

(27)	"Seasonal energy output" means the total energy output of a
combustion source during the period beginning May 1 and ending September
30.

(28)	"Shutdown" means the cessation of operation of a source or its
emission control equipment.

(29)	"Source" means a stationary boiler, combustion turbine, combined
cycle system, reciprocating internal combustion engine, indirect-fired
process heater, or a stationary article, machine, process equipment, or
other contrivance, or combination thereof, from which nitrogen oxides
emanate or are emitted.

(30)	"Startup" means the commencement of operation of any source that
has shutdown or ceased operation for a period sufficient to cause
temperature, pressure, process, chemical, or pollution control device
imbalance that would result in excess emissions.

(31)	"Stationary internal combustion engine" means a reciprocating
internal combustion engine that is not self propelled; however, it may
be mounted on a vehicle for portability.

(b)  Whenever reference is made to the Code of Federal Regulations in
this Section, the definitions in the Code of Federal Regulations shall
apply unless specifically stated otherwise in a particular rule.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (7),
(10);

Eff. April 1, 1995; 

Temporary Amendment Eff. August 1, 2001; November 1, 2000;

Amended Eff. July 18, 2002.

15A NCAC 02D .1402	APPLICABILITY

(a)  The rules in this Section do not apply except as specifically set
out in this Rule.

(b)  The requirements of this Section shall apply to all sources May 1
through September 30 of each year. 

(c)  Rule .1409(b) of this Section apply applies statewide.

(d)  The Rules .1407 through .1409 and .1413 of this Section apply to
facilities with the potential to emit 100 ton or more nitrogen oxides
per year in the following areas:

(1)	Cabarrus County

(2)	Gaston County

(3)	Lincoln County

(4)	Mecklenburg County

(5)	Rowan County

(6)	Union County

(7)	Davidson Township and Coddle Creek Township in Iredell County 

(e)  If a violation of the ambient air quality standard for ozone is
measured according to 40 CFR 50.9 in Davidson, Forsyth, or Guilford
County or that part of Davie County bounded by the Yadkin River,
Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to
Yadkin River, the Director shall initiate analysis to determine the
control measures needed to attain and maintain the ambient air quality
standard for ozone. By the following May 1, the Director shall implement
the specific stationary source control measures contained in this
Section that are required as part of the control strategy necessary to
bring the area into compliance and to maintain compliance with the
ambient air quality standard for ozone. The Director shall implement the
rules in this Section identified as necessary by the analysis by notice
in the North Carolina Register. The notice shall identify the rules that
are to be implemented and shall identify whether the rules implemented
are to apply in Davidson, Forsyth, or Guilford County or that part of
Davie County bounded by the Yadkin River, Dutchmans Creek, North
Carolina Highway 801, Fulton Creek and back to Yadkin River or any
combination thereof. At least one week before the scheduled publication
date of the North Carolina Register containing the Director's notice
implementing rules in this Section, the Director shall send written
notification to all permitted facilities within the county in which the
rules are being implemented that are or may be subject to the
requirements of this Section informing them that they are or may be
subject to the requirements of this Section. (For Forsyth County,
"Director" means for the purpose of notifying permitted facilities in
Forsyth County, the Director of the Forsyth County local air pollution
control program.) Compliance shall be according to Rule .1403 of this
Section.

(f)  If a violation of the ambient air quality standard for ozone is
measured according to 40 CFR 50.9 in Durham or Wake County or Dutchville
Township in Granville County, the Director shall initiate analysis to
determine the control measures needed to attain and maintain the ambient
air quality standard for ozone. By the following May 1, the Director
shall implement the specific stationary source control measures
contained in this Section that are required as part of the control
strategy necessary to bring the area into compliance and to maintain
compliance with the ambient air quality standard for ozone. The Director
shall implement the rules in this Section identified as necessary by the
analysis by notice in the North Carolina Register. The notice shall
identify the rules that are to be implemented and shall identify whether
the rules implemented are to apply in Durham or Wake County or
Dutchville Township in Granville County or any combination thereof. At
least one week before the scheduled publication date of the North
Carolina Register containing the Director's notice implementing rules in
this Section, the Director shall send written notification to all
permitted facilities within the county in which the rules are being
implemented that are or may be subject to the requirements of this
Section informing them that they are or may be subject to the
requirements of this Section. Compliance shall be in according to Rule
.1403 of this Section.

(g)  If EPA notifies the State that its nonattainment plan for ozone has
failed to attain the ambient air quality standard for ozone in the
Charlotte-Gastonia-Rock Hill ozone nonattainment area, the rules in this
Section shall apply to facilities in Cabarrus, Gaston, Lincoln,
Mecklenburg, Rowan, and Union Counties and Davidson and Coddle Creek
townships in Iredell County with the potential to emit at least 50 tons
but less than 100 tons of nitrogen oxides per year. Within 60 days of
receipt of the notification from EPA, the Director shall notice the
applicability of these rules to these sources in the North Carolina
Register and shall send written notification to all permitted facilities
within the counties in which the rules are being implemented that are or
may be subject to the requirements of this Section informing them that
they are or may be subject to the requirements of this Section.  (For
Mecklenburg County, "Director" means for the purpose of notifying
permitted facilities in Mecklenburg County, the Director of the
Mecklenburg County local air pollution control program.) Compliance
shall be according to Rule .1403 of this Section.

(h)  Regardless of any other statement of applicability of this Section,
this Section does not apply to any:

(1)	source not required to obtain an air permit under 15A NCAC 02Q .0102
or is an insignificant activity as defined at 15A NCAC 02Q .0103(19);

(2)	incinerator or thermal or catalytic oxidizer used primarily for the
control of air pollution;

(3)	emergency generator; 

(4)	emergency use internal combustion engine; 

(5)	source that is not covered under Rule .1418 of this Section and that
is at a facility with a federally enforceable potential to emit nitrogen
oxides of:

(A)	less than 100 tons per year; and

(B)	less than 560 pounds per calendar day beginning May 1 through
September 30 of any year.

(6)	stationary internal combustion engine less than 2400 brake
horsepower that operates no more than the following hours between May 1
and September 30:

(A)	for diesel engines:

t = 833,333 / ES

(B)	for natural gas-fired engines:

t= 700,280 / ES

where t equals time in hours and ES equals engine size in horsepower.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (7),
(10);

Eff. April 1, 1995;

Amended Eff. April 1, 1997; July 1, 1995; April 1, 1995;

Temporary Amendment Eff. November 1, 2000;

Amended Eff. April 1, 2001;

Temporary Amendment Eff. August 1, 2001;

Amended Eff. June 1, 2008; July 1, 2007; March 1, 2007; July 18, 2002.

15A NCAC 02D .1403	COMPLIANCE SCHEDULES

(a)  Applicability.  This Rule applies to sources covered by Paragraph
(d), (e), (f), or (g) of Rule .1402 of this Section.

(b)  Maintenance area and Charlotte ozone nonattainment area contingency
plan. The owner or operator of a source subject to this Rule because of
the applicability of Paragraph (e), (f), or (g) of Rule .1402 of this
Section, shall adhere to the following increments of progress and
schedules:

(1)	If compliance with this Section is to be achieved through a
demonstration to certify compliance without source modification:

(A)	The owner or operator shall notify the Director in writing within
six months after the Director's notice in the North Carolina Register
that the source is in compliance with the applicable limitation or
standard;

(B)	The owner or operator shall perform any required testing, according
to Rule .1415 of this Section, within 12 months after the Director's
notice in the North Carolina Register to demonstrate compliance with the
applicable limitation; and

(C)	The owner or operator shall implement any required recordkeeping and
reporting requirements, according to Rule .1404 of this Section, within
12 months after the Director's notice in the North Carolina Register to
demonstrate compliance with the applicable limitation.

(2)	If compliance with this Section is to be achieved through the
installation of combustion modification technology or other source
modification:

(A)	The owner or operator shall submit a permit application and a
compliance schedule within six months after the Director's notice in the
North Carolina Register.

(B)	The compliance schedule shall contain the following increments of
progress:

(i)	a date by which contracts for installation of the modification shall
be awarded or orders shall be issued for purchase of component parts;

(ii)	a date by which installation of the modification shall begin;

(iii)	a date by which installation of the modification shall be
completed; and

(iv)	if the source is subject to a limitation, a date by which
compliance testing shall be completed.

(C)	Final compliance shall be achieved within three years after the
Director's notice in the North Carolina Register unless the owner or
operator of the source petitions the Director for an alternative
limitation according to Rule .1412 of this Section.  If such a petition
is made, final compliance shall be achieved within four years after the
Director's notice in the North Carolina Register.

(3)	If compliance with this Section is to be achieved through the
implementation of an emissions averaging plan as provided for in Rule
.1410 of this Section:

(A)	The owner or operator shall abide by the applicable requirements of
Subparagraphs (b)(1) or (b)(2) of this Rule for certification or
modification of each source to be included under the averaging plan;

(B)	The owner or operator shall submit a plan to implement an emissions
averaging plan according to Rule .1410 of this Section within six months
after the Director's notice in the North Carolina Register.

(C)	Final compliance shall be achieved within one year after the
Director's notice in the North Carolina Register unless implementation
of the emissions averaging plan requires the modification of one or more
of the averaging sources.  If modification of one or more of the
averaging sources is required, final compliance shall be achieved within
three years.

(4)	If compliance with this Section is to be achieved through the
implementation of a seasonal fuel switching program as provided for in
Rule .1411 of this Section:

(A)	The owner or operator shall make all necessary modifications
according to Subparagraph (b)(2) of this Rule.

(B)	The owner or operator shall include a plan for complying with the
requirements of Rule .1411 of this Section with the permit application
required under Part (A) of this Subparagraph.

(C)	Final compliance shall be achieved within three years after the
Director's notice in the North Carolina Register.

(5)	Increments of progress certification.  The owner or operator shall
certify to the Director, within five days after each increment deadline
of progress in this Paragraph, whether the required increment of
progress has been met.

(c)  Nonattainment areas.  The owner or operator of a source subject to
this Rule because of the applicability of Paragraph (d) of Rule .1402 of
this Section, shall adhere to the following: 

(1)	If compliance with this Section is to be achieved through a
demonstration to certify compliance without source modification:

(A)	The owner or operator shall notify the Director in writing by August
1, 2007;

(B)	The owner or operator shall perform any required testing, according
to Rule .1415 of this Section, by January 1, 2008 and

(C)	The owner or operator shall implement any required recordkeeping and
reporting requirements, according to Rule .1404 of this Section, by
January 1, 2008.

(2)	If compliance with this Section is to be achieved through the
installation of combustion modification technology or other source
modification:

(A)	The owner or operator shall submit a permit application and a
compliance schedule by August 1, 2007.

(B)	The compliance schedule shall contain a date by which contracts for
installation of the modification shall be awarded or orders shall be
issued for purchase of component parts.

(C)	The compliance schedule shall contain a date by which installation
of the modification shall begin.

(D)	The compliance schedule shall contain a date by which installation
of the modification shall be completed.

(E)	If the source is subject to a limitation, the compliance schedule
shall contain, a date by which compliance testing shall be completed.

(F)	Final compliance shall be achieved no later than April 1, 2009. 

(3)	If compliance with this Section is to be achieved through the
implementation of an emissions averaging plan as provided for in Rule
.1410 of this Section:

(A)	The owner or operator shall abide by the applicable requirements of
Subparagraph (c)(1) or (c)(2) of this Rule for certification or
modification of each source to be included under the averaging plan;

(B)	The owner or operator shall submit a plan to implement an emissions
averaging plan according to Rule .1410 of this Section by August 1,
2007.

(C)	Final compliance shall be achieved within one year no later than
January 1, 2008. 

(4)	If compliance with this Section is to be achieved through the
implementation of a seasonal fuel switching program as provided for in
Rule .1411 of this Section:

(A)	The owner or operator shall make all necessary modifications
according to Subparagraph (c)(2) of this Rule.

(B)	The owner or operator shall include a plan for complying with the
requirements of Rule .1411 of this Section with the permit application
required under Part (A) of this Subparagraph.

(C)	Final compliance shall be achieved no later than April 1, 2009.

(5)	Increments of progress certification.  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.

(d)  Sources already in compliance.

(1)	Maintenance area and Charlotte ozone nonattainment area contingency
plan. Paragraph (b) 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. Paragraph (c) of this Rule shall not apply to
sources in an area named in Paragraph (d) of Rule .1402 of this Section
that are in compliance with applicable rules of this Section on March 1,
2007.

(e)  New sources.

(1)	Maintenance area and Charlotte ozone nonattainment area contingency
plan.  The owner or operator of any new source of nitrogen oxides not
permitted before the date the Director notices in the North Carolina
Register according to Paragraph (e), (f), or (g) of Rule .1402 of this
Section, shall comply with all applicable rules in this Section upon
start-up of the source. The owner or operator of any new source covered
under Rules .1407, .1408, .1409, .1413, or .1418 of this Section 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
nitrogen oxides not permitted before March(1, 2007 in an area identified
in Paragraph (d) of Rule .1402 of this Section, shall comply with all
applicable rules in this Section upon start-up of the source.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995;

Amended Eff. April 1, 1997;

Temporary Amendment Eff. November 1, 2000;

Amended Eff. April 1, 2001;

Temporary Amendment Eff. August 1, 2001;

Amended Eff. July 1, 2007; March 1, 2007; July 18, 2002.

15A NCAC 02D .1404	RECORDKEEPING:  REPORTING:  MONITORING:

(a)  General requirements. The owner or operator of any source shall
comply with the monitoring, recordkeeping and reporting requirements in
Section .0600 of this Subchapter and shall maintain all records
necessary for determining compliance with all applicable limitations and
standards of this Section for five years. 

(b)  Submittal of information to show compliance status. The owner or
operator of any source shall maintain and, when requested by the
Director, submit any information required by these rules to determine
the compliance status of an affected source.

(c)  Excess emissions reporting. The owner or operator shall report
excess emissions following the procedures under Rule .0535 of this
Subchapter.

(d)  Continuous emissions monitors. 

(1)	The owner or operator shall install, operate, and maintain a
continuous emission monitoring system according to 40 CFR Part 75,
Subpart H, with such exceptions as may be allowed under 40 CFR Part 75,
Subpart H or 40 CFR Part 96 if:

(A)	a source is covered under Rules .1416, .1417, or .1418 of this
Section except internal combustion engines, or

(B)	any source that opts into the nitrogen oxide budget trading program
under Rule .1419 of this Section . 

(2)	The owner or operator of a source that is subject to the
requirements of this Section but not covered under Subparagraph (1) of
this Paragraph and that uses a continuous emissions monitoring system to
measure emissions of nitrogen oxides shall operate and maintain the
continuous emission monitoring system according to 40 CFR Part 60,
Appendix B, Specification 2, and Appendix F or Part 75, Subpart H. If
diluent monitoring is required, 40 CFR Part 60, Appendix B,
Specification 3, shall be used. If flow monitoring is required, 40 CFR
Part 60, Appendix B, Specification 6, shall be used.

(3)	The owner or operator of the following sources shall not be required
to use continuous emission monitors unless the Director determines that
a continuous emission monitor is necessary under Rule .0611 of this
Subchapter to show compliance with the rules of this Section:

(A)	a boiler or indirect-fired process heater covered under Rule .1407
of this Section with a maximum heat input less than or equal to 250
million Btu per hour;

(B)	stationary internal combustion engines covered under Rule .1409 of
this Section except for engines covered under Rules .1409(b) and .1418
of this Section.

(e)  Missing data. 

(1)	If data from continuous emission monitoring systems required to meet
the requirements of 40 CFR Part 75 are not available at a time that the
source is operated, the procedures in 40 CFR Part 75 shall be used to
supply the missing data.

(2)	For continuous emissions monitors not covered under Subparagraph (1)
of this Paragraph, data shall be available for at least 95 percent of
the emission sources operating hours for the applicable averaging
period, where four equally spaced readings constitute a valid hour. If
data from continuous emission monitoring systems are not available for
at least 95 percent of the time that the source is operated, the owner
or operator of the monitor shall:

(A)	use the procedures in 40 CFR 75.33 through 75.37 to supply the
missing data; or

(B)	document that the combustion source or process equipment and the
control device were being properly operated (acceptable operating and
maintenance procedures are being used, such as, compliance with permit
conditions, operating and maintenance procedures, and preventative
maintenance program, and monitoring results and compliance history) when
the monitoring measurements were missing.

(f)  Quality assurance for continuous emissions monitors. 

(1)	The owner or operator of a continuous emission monitor required to
meet 40 CFR Part 75, Subpart H, shall follow the quality assurance and
quality control requirements of 40 CFR Part 75, Subpart H. 

(2)	For a continuous emissions monitor not covered under Subparagraph
(1) of this Paragraph, the owner or operator of the continuous emissions
monitor shall follow the quality assurance and quality control
requirements of 40 CFR Part 60, Appendix F, if the monitor is required
to be operated annually under another rule. If the continuous emissions
monitor is being operated only to satisfy the requirements of this
Section, then the quality assurance and quality control requirements of
40 CFR Part 60, Appendix F, shall apply except that:

(A)	A relative accuracy test audit shall be conducted after January 1
and before May 1 of each year;

(B)	One of the following shall be conducted at least once between May 1
and September 30 of each year:

(i)	a linearity test, according to 40 CFR Part 75, Appendix A, Section
3.2, 6.2, and 7.1;

(ii)	a relative accuracy audit, according to 40 CFR Part 60, Appendix F,
Section 5 and 6; or

(iii)	a cylinder gas audit according to 40 CFR Part 60, Appendix F,
Section 5 and 6; and

(C)	A daily calibration drift test shall be conducted according to 40
CFR Part 60, Appendix F, Section 4.0.

(g)  End of season reporting for large sources. The owner or operator of
a source covered under Rules .1416, .1417, or .1418 of this Section
shall report to the Director no later than October 30 of each year, the
tons of nitrogen oxides emitted during the previous ozone season. The
Division of Air Quality shall make this information publicly available. 

(h)  Recordkeeping and reporting requirements for large sources. The
owner or operator of a source covered under Rules .1416, .1417, or .1418
of this Section shall comply with the recordkeeping and reporting
requirements of 40 CFR Part 96, Budget Trading Program for State
Implementation Plans.

(i) Averaging time for continuous emissions monitors. When compliance
with a limitation established for a source subject to the requirements
of this Section is determined using a continuous emissions monitoring
system, a 24-hour block average as described under Rule .0606 of this
Subchapter shall be recorded for each day beginning May 1 through
September 30 unless a specific rule requires a different averaging time
or procedure. Sources covered under Rules .1416, .1417, or .1418 of this
Section shall comply with the averaging time requirements of 40 CFR Part
75. A 24-hour block average described in Rule .0606 of this Subchapter
shall be used when a continuous emissions monitoring system is used to
determine compliance with a short-term pounds-per-million-Btu standard
in Rule .1418 of this Section. 

(j)  Heat input. Heat input shall be determined:

(1)	for sources required to use a monitoring system meeting the
requirements of 40 CFR Part 75, using the procedures in 40 CFR Part 75;
or

(2)	for sources not required to use a monitoring system meeting the
requirements of 40 CFR Part 75 using:

(A)	40 CFR Part 75,

(B)	a method in 15A NCAC 02D .0501, or

(C)	the best available heat input data if approved by the Director (the
Director shall grant approval if he finds that the heat input data is
the best available).

(k)  Source testing. When compliance with a limitation established for a
source subject to the requirements of this Section is determined using
source testing, the source testing shall follow the procedures of Rule
.1415 of this Section.

(l)  Alternative monitoring and reporting procedures. The owner or
operator of a source covered under this Rule, except for sources covered
under Rule .1419 of this Section, may request alternative monitoring or
reporting procedures under Rule .0612, Alternative Monitoring and
Reporting Procedures.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5),(7),(10);

Eff. April 1, 1995;

Amended Eff. April 1, 1999;

Temporary Amendment Eff. November 1, 2000;

Amended Eff. April 1, 2001;

Temporary Amendment Eff. August 1, 2001;

Amendment Eff. December 1, 2005; January 1, 2005; May 1, 2004; July 15,
2002.

15A NCAC 02D .1405	CIRCUMVENTION

(a)  An owner or operator subject to this Section shall not build,
erect, install or use any article, machine, equipment, process, or
method which conceals an emission which would otherwise constitute a
violation of an applicable rule.

(b)  Paragraph (a) of this Rule includes the use of gaseous diluent to
achieve compliance and the piecemeal carrying out of an operation to
avoid coverage by a rule that applies only to operations larger than a
specified size.

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

Eff. April 1, 1995.

15A NCAC 02D .1407	BOILERS AND INDIRECT-FIRED PROCESS HEATERS 

(a)  This Rule applies geographically according to Rule .1402 of this
Section.

(b)   The owner or operator of a boiler or indirect-fired process heater
with a maximum heat input rate of less than or equal to 50 million Btu
per hour shall comply with the annual tune-up requirements of Rule .1414
of this Section.  The owner or operator of a boiler or indirect-fired
process heater subject to the requirements of this Paragraph shall
maintain records of all tune-ups performed for each source according to
Rule .1404 of this Section.

(c)   The owner or operator of a fossil fuel-fired boiler with a maximum
heat input rate less than or equal to 250 million Btu per hour but
greater than 50 million Btu per hour, a boiler with a maximum heat input
greater than 50 million Btu per hour that is not a fossil fuel-fired
boiler, or an indirect-fired process heater with a maximum heat input
greater than 50 million Btu per hour shall comply by:

(1)	installation of, if necessary, combustion modification technology or
other NOx control technology and maintenance, including annual tune-ups
and recordkeeping; and

(2)	demonstration through source testing or continuous emission
monitoring that the source complies with the  following applicable
limitation: 

MAXIMUM ALLOWABLE NOX EMISSION RATES FOR BOILERS AND INDIRECT PROCESS
HEATERS

(POUNDS PER MILLION BTU)

					          Firing Method

              Fuel/Boiler Type		Tangential		Wall	           Stoker or
Other

	Coal (Wet Bottom)	      1.0			1.0		      N/A

	Coal (Dry Bottom)	      0.45			0.50		      0.40

	Wood or Refuse		      0.20			0.30		      0.20

	Oil			      0.30			0.30		      0.30

	Gas			      0.20			0.20		      0.20

(d)  If the emissions are greater than the applicable limitation in
Paragraph (c) of this Rule after reasonable effort as defined in Rule
.1401 of this Section, or if the requirements of this Rule are not RACT,
the owner or operator may petition the Director for an alternative
limitation or standard in accordance with Rule .1412 of this Section.

(e)  Compliance with the limitation established for a boiler or
indirect-fired process heater under this Rule shall be determined:

(1)	using a continuous emission monitoring system if the boiler or
indirect-fired process heater is required to use a continuous emissions
monitoring system under Rule .0524 of this Section or 40 CFR Part 60 to
measure emissions of nitrogen oxides; or 

(2)	using annual source testing according to Rule .1415 of this Section
for boilers or indirect-fired process heaters with a maximum heat input
rate less than or equal to 250 million Btu per hour but greater than 50
million BTU per hour with the exception allowed under Paragraph (f) of
this Rule.

(f)  If a source covered under this rule can burn more than one fuel,
the owner or operator of the source may choose not to burn one or more
of these fuels during the ozone season. If the owner or operator chooses
not to burn a particular fuel, the sources testing required under
Subparagraph (e)(2) this Rule shall not be required for that fuel.

(g)  If two consecutive annual source tests show compliance, the
Director may reduce the frequency of testing up to once every five
years.  In years that a source test is not done, the boiler or
indirect-fired process heater shall comply with the annual tune-up
requirements of Rule .1414 of this Section.  If after the Director
reduces the frequency of testing, a source test shows that the emission
limit under this Rule is exceeded, the Director shall require the boiler
or indirect-fired process heater to be tested annually until two
consecutive annual tests show compliance.  Then the Director may again
reduce the frequency of testing.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.66;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995; 

Temporary Amendment Eff. August 1, 2001; November 1, 2000;

Amended Eff. June 1, 2008; July 18, 2002.

15A NCAC 02D .1408	STATIONARY COMBUSTION TURBINES

(a)  This Rule applies geographically according to Rule .1402 of this
Section. 

(b)  Unless the owner or operator chooses the option of emission
averaging under Rule .1410 of this Section, the owner or operator of a
stationary combustion turbine with a heat input rate greater than 100
million Btu per hour but less than or equal to 250 million Btu per hour
shall comply with the following limitations: 

(1)	Emissions of NOx shall not exceed 75 ppm by volume corrected to 15
percent oxygen for gas-fired turbines, or 

(2)	Emissions of NOx shall not exceed 95 ppm by volume corrected to 15
percent oxygen for oil-fired turbines. 

If necessary, the owner or operator shall install combustion
modification technology or other NOx control technology to comply with
the applicable limitation set forth in this Paragraph.

(c)  If the emissions are greater than the applicable limitation in
Paragraph (b) of this Rule after reasonable effort as defined in Rule
.1401 of this Section, or if the requirements of this Rule are not RACT
for the particular stationary combustion turbine, the owner or operator
may petition the Director for an alternative limitation or standard
according to Rule .1412 of this Section.

(d)  Compliance with the limitation established for a stationary
combustion turbine under this Rule shall be determined:

(1)	using a continuous emissions monitoring system, or 

(2)	using annual source testing according to Rule .1415 of this Section.


(e)  If a source covered under this rule can burn more than one fuel,
the owner or operator of the source may choose not to burn one or more
of these fuels during the ozone season. If the owner or operator chooses
not to burn a particular fuel, the sources testing required under this
Rule is not required for that fuel.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.66;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995; 

Temporary Amendment Eff. August 1, 2001; November 1, 2000; 

Amended Eff. June 1, 2008; July 18, 2002.

15A NCAC 02D .1409	STATIONARY INTERNAL COMBUSTION ENGINES

(a)  This Rule applies geographically according to Rule .1402 of this
Section.

(b)  The owner or operator of a stationary internal combustion engine
having a rated capacity of 650 horsepower or more that is not covered
under Paragraph (c) of this Rule or Rule .1418 of this Section shall not
allow emissions of NOx from the stationary internal combustion engine to
exceed the following limitations:

MAXIMUM ALLOWABLE NOX EMISSION RATES FOR

STATIONARY INTERNAL COMBUSTION ENGINES

(GRAMS PER HORSEPOWER HOUR)

Engine Type				Fuel Type		Limitation

Rich-burn				Gaseous			     2.5

Lean-burn				Gaseous			     2.5

Compression Ignition			Liquid			     8.0

(c)  Engines identified in the table in this Paragraph shall not exceed
the emission limit in the table during the ozone season.

SUM OF MAXIMUM ALLOWABLE OZONE SEASON NOx EMISSIONS

(tons per ozone season)

FACILITY	REGULATED SOURCES

	ALLOWABLE EMISSIONS



Transcontinental Gas Pipeline Station 150	Mainline engines #12, 13, 14,
and 15

	

76

Transcontinental Gas Pipeline Station 155	Mainline engines #2, 3, 4, 5,
and 6

	

127

Transcontinental Gas Pipeline Station 160	Mainline engines #11, 12, 13,
14, and 15

	

149



Compliance shall be determined by summing the actual emissions from the
engines listed in the table at each facility for the ozone season and
comparing those sums to the limits in the table.  Compliance may be
achieved through trading under Paragraph (g) of this Rule if the trades
are approved before the ozone season. 

(d)  If the emissions from that stationary internal combustion engine
are greater than the applicable limitation in Paragraph (b) of this Rule
after reasonable effort as defined in Rule .1401 of this Section, or if
the requirements of this Rule are not RACT for the particular stationary
internal combustion engine, the owner or operator may petition the
Director for an alternative limitation or standard according to Rule
.1412 of this Section.

(e)  For the engines identified in Paragraph (c) of this Rule and any
engine involved in emissions trading with one or more of the engines
identified in Paragraph (c) of this Rule, the owner or operator shall
determine compliance using:

(1)	a continuous emissions monitoring system which meets the applicable
requirements of Appendices B and F of 40 CFR part 60 and Rule .1404 of
this Section; or

(2)	an alternate monitoring and recordkeeping procedure based on actual
emissions testing and correlation with operating parameters. 

The installation, implementation, and use of this alternate procedure
allowed under Subparagraph (e)(2) of this Paragraph shall be approved by
the Director before it may be used.  The Director may approve the
alternative procedure if he finds that it can show the compliance status
of the engine.

(f)  If a stationary internal combustion engine is permitted to operate
more than 475 hours during the ozone season, compliance with the
limitation established for a stationary internal combustion engine under
Paragraph (b) of this Rule shall be determined using annual source
testing according to Rule .1415 of this Section. If a source covered
under this rule can burn more than one fuel, then the owner or operator
of the source may choose not to burn one or more of these fuels during
the ozone season. If the owner or operator chooses not to burn a
particular fuel, the source testing required under this Rule is not
required for that fuel.

(g)  If a stationary internal combustion engine is permitted to operate
no more than 475 hours during the ozone season, the owner or operator of
the stationary internal combustion engine shall show compliance with the
limitation under Paragraph (b) of this Rule with source testing during
the first ozone season of operation according to Rule .1415 of this
Section. Each year after that, the owner or operator of the stationary
internal combustion engine shall comply with the annual tune-up
requirements of Rule .1414 of this Section.

(h)  The owner or operator of a source covered under Paragraph (c) of
this Rule may offset part or all of the emissions of that source by
reducing the emissions of another stationary internal combustion engine
at that facility by an amount equal to or greater than the emissions
being offset.  Only actual decreased emissions that have not previously
been relied on to comply with Subchapter 02D or 02Q of this Title or
Title 40 of the Code of Federal Regulations may be used to offset the
emissions of another source.  The person requesting the offset shall
submit the following information to the Director:

(1)	identification of the source, including permit number, providing the
offset and what the new allowable emission rate for the source will be;

(2)	identification of the source, including permit number, receiving the
offset and what the new allowable emission rate for the source will be;

(3)	the amount of allowable emissions in tons per ozone season being
offset;

(4)	a description of the monitoring, recordkeeping, and reporting that
shall be used to show compliance; and

(5)	documentation that the offset is an actual decrease in emissions
that has not previously been relied on to comply with Subchapter 02D or
02Q of this Title or Title 40 of the Code of Federal Regulations.

The Director may approve the offset if he finds that all the information
required by this Paragraph has been submitted and that the offset is an
actual decrease in emissions that have not previously been relied on to
comply with Subchapter 02D or 02Q of this Title or Title 40 of the Code
of Federal Regulations.  If the Director approves the offset, he shall
put the new allowable emission rates in the respective permits.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.66;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995;

Temporary Amendment Eff. August 1, 2001; November 1, 2000;

Amended Eff. June 1, 2008; June 1, 2004; July 18, 2002.

15a ncac 02d .1410	EMISSIONS AVERAGING

(a) This Rule shall not apply to sources covered under Rules .1416,
.1417, or .1418 of this Section. Sources that have obtained an
alternative limitation as provided by Rule .1412 of this Section or that
apply seasonal fuel switching as provided by Rule .1411 of this Section
are not eligible to participate in an emissions averaging plan under
this Rule.

(b)  With the exceptions in Paragraph (a) of this Rule, the owner or
operator of a facility with two or more sources with comparable plume
rise and subject to the requirements of this Section for all such
sources as determined by Rule .1402 of this Section may elect to apply
an emissions averaging plan according to Paragraph (c) of this Rule.  An
emission averaging plan may be used if the total NOx emissions from the
averaged set of sources based on the total heat input are equal to or
less than the NOx emissions that would have occurred if each source
complied with the applicable limitation. 

(c)  To request approval of an emissions averaging plan to comply with
the requirements of this Section, the owner or operator of a facility
shall submit a written request to the Director including the following
information:

(1)	the name and location of the facility;

(2)	information identifying each source to be included under the
averaging plan;

(3)	the maximum heat input rate for each source;

(4)	the fuel or fuels combusted in each source;

(5)	the maximum allowable NOx emission rate proposed for each averaging
source; 

(6)	a demonstration that the nitrogen oxide emissions of the sources
being averaged when operated together at the maximum daily heat input
rate, will be less than or equal to the total NOx emissions if each
source complied with the applicable limitation of this Section
individually;

(7)	an operational plan to provide reasonable assurance that the sources
being averaged will satisfy Subparagraph (5) of this Paragraph when the
combined maximum daily heat input rate is less than the permitted
maximum heat input rate; and

(8)	the method to be used to determine the actual NOx emissions from
each source.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995;

Temporary Amendment Eff. August 1, 2001; November 1, 2000;

Amended Eff. July 18, 2002.

15A NCAC 02D .1411	SEASONAL FUEL SWITCHING

(a)  This Rule shall not apply to sources covered under Rule .1418 of
this Section.

(b)  The owner or operator of a coal-fired or oil-fired boiler subject
to the requirements of Rule .1407 of this Section may elect to comply by
applying seasonal combustion of natural gas according to Paragraph (c)
of this Rule.  This option is not available to a boiler that used
natural gas as its primary fuel in or since 1990.  Compliance with this
Section according to this Rule does not remove or reduce any applicable
requirement of the Acid Rain Program.

(c)  The owner or operator electing to comply with the requirements of
this Section through the seasonal combustion of natural gas shall
establish a NOx emission limit beginning October 1 and ending April 30
that will result in annual NOx emissions of less than or equal to the
NOx that would have been emitted if the source complied with the
applicable limitation for the combustion of coal for the entire calendar
year.  Compliance with this Section according to this Rule does not
remove or reduce any applicable requirement of the Acid Rain Program.

(d)  To comply with the requirements of this Section through the
seasonal combustion of natural gas, the owner or operator shall submit
to the Director the following information:

(1)	the name and location of the facility;

(2)	information identifying the source to use seasonal combustion of
natural gas for compliance;

(3)	the maximum heat input rate for each source;

(4)	a demonstration that the source will comply with the applicable
limitation for the combustion of coal during the ozone season 

(5)	a demonstration that the source will comply with the NOx emission
limitation established under Paragraph (c) of this Rule beginning
October 1 and ending April 30; and

(6)	a written statement from the natural gas supplier providing
reasonable assurance that the fuel will be available beginning during
the ozone season. 

History Note:	Authority G.S. 143-215.3(a)(1) 143-215.65;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995;

Temporary Amendment Eff November 1, 2000;

Amended Eff. April 1, 2001;

Temporary Amendment Eff August 1, 2001;

Amended Eff. June 1, 2008; July 18, 2002.

15A NCAC 02D .1412	PETITION FOR ALTERNATIVE LIMITATIONS

(a)  If the owner or operator of a source subject to the requirements of
Rule .1407, .1408, or .1409(b) of this Section: 

(1)	cannot achieve compliance with the applicable limitation after
reasonable effort to satisfy the requirements of Rules .1407, .1408, or
.1409 of this Section or if the requirements of Rules .1407, .1408, or
.1409 of this Section are not RACT for the particular source; and

(2)	cannot provide reasonable assurance for overall compliance at a
facility through the implementation of an emissions averaging plan as
provided for in Rule .1410 of this Section;

the owner or operator may petition the Director for an alternative
limitation according to Paragraph (b) or (c) of this Rule.

(b)  To petition the Director for an alternative limitation, the owner
or operator of the source shall submit;

(1)	the name and location of the facility;

(2)	information identifying the source for which an alternative
limitation is being requested;

(3)	the maximum heat input rate for the source;

(4)	the fuel or fuels combusted in the source;

(5)	the maximum allowable NOx emission rate proposed for the source for
each fuel;

(6)	a demonstration that the source has satisfied the requirements to
apply for an alternative limitation under Paragraph (a) of this Rule;
and 

(7)	a demonstration that the proposed alternative limitation is RACT for
that source.  

(c)  If the source is required to comply with best achievable control
technology under Rule .0530, Prevention of Significant Deterioration, of
this Subchapter, the owner or operator of the source shall provide the
information required under Subparagraphs (b)(1) through (6) of this Rule
and documentation that the source is required to use best available
control technology and is complying with that requirement.  For this
source, its best available control technology shall be considered RACT
without any further demonstrations.

(d)  The Director shall approve the alternative limitation if he finds
that: 

(1)	all the information required by Paragraph (b) of this Rule has been
submitted,

(2)	the requirements of Paragraph (a) of this Rule have been satisfied,
and

(3)	the proposed alternative limitation is RACT for that source.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995;

Temporary Amendment Eff. August 1, 2001; November 1, 2000;

Amended Eff. June 1, 2008; July 18, 2002.

15A NCAC 02D .1413	SOURCES NOT OTHERWISE LISTED IN THIS SECTION

(a)  The owner or operator of any source of nitrogen oxides, except
boilers, indirect-fired process heaters, stationary combustion turbines,
or stationary internal combustion engines, at a facility that has the
potential to emit 100 tons per year or more of nitrogen oxides or 560
pounds per calendar day or more from May 1 through September 30 shall
apply RACT according to Paragraph (b) of this Rule.

(b)  To apply RACT to a source of nitrogen oxides covered under this
Rule, the owner or operator of the source shall submit;

(1)	the name and location of the facility;

(2)	information identifying the source for which RACT is being proposed;

(3)	a demonstration that shows the proposed limitation is RACT for the
source; and

(4)	a proposal for demonstrating compliance with the proposed RACT. 

(c)  The Director shall approve the proposed limitation if he finds
that:

(1)	the owner or operator of the source has submitted all the
information required under Paragraph (b) of this Rule;

(2)	the sources is covered under this Rule; and

(3)	the proposed limitation is RACT for this source.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995; 

Temporary Amendment Eff. August 1, 2001; November 1, 2000;

Amended Eff. July 18, 2002.

15a ncac 02d .1414	TUNE-UP REQUIREMENTS 

(a)  This Rule applies to boilers and indirect-fired process heaters
subject to the requirements of Rule .1407 of this Section or stationary
internal combustion engines subject to the requirements of Rule .1409 of
this Section that are complying with Rules .1407 or .1409 of this
Section through an annual tune-up.

(b)  When a tune-up to a boiler or indirect-fired process heater is
required for compliance with this Section, the owner or operator shall
at least annually and according to the manufacturer's recommendations:

(1)	inspect each burner and clean or replace any component of the burner
as required;

(2)	inspect the flame pattern and make any adjustments to the burner, or
burners, necessary to optimize the flame pattern to minimize total
emissions of NOx and carbon monoxide;

(3)	inspect the combustion control system to ensure proper operation and
correct calibration of components that control the air to fuel ratio and
adjust components to meet the manufacturer's established operating
parameters; and 

(4)	inspect any other component of the boiler or indirect-fired process
heater and make adjustments or repairs as necessary to improve
combustion efficiency. 

The owner or operator shall perform the tune-up according to a unit
specific protocol approved by the Director.  The Director shall approve
the protocol if it meets the requirements of this Rule.

(c)  When a tune-up to a stationary internal combustion engine is
required for compliance with this Section, the owner or operator shall
at least annually inspect, adjust, and repair or replace according to
the manufacturer's recommendation, the following, as equipped:

(1)	engine air cleaners, fuel filters, and water traps;

(2)	turbochargers and superchargers;

(3)	spark plugs;

(4)	valve lash;

(5)	ignition systems, including ignition coils and wiring;

(6)	aftercooler cores;

(7)	any other component of the engine as necessary to improve engine
efficiency; and

(8)	emission control systems.

The owner or operator shall perform the tune-up according to a unit
specific protocol, including inspection, maintenance, and performance
procedures as recommended by the manufacturer, approved by the Director.
The Director shall approve the protocol if it meets the requirements of
this Rule.

(d)  The owner or operator shall maintain records of tune-ups performed
to comply with this Section according to Rule .1404 of this Section. The
following information shall be included for each source:

(1)	identification of the source;

(2)	the date and time the tune-up started and ended;

(3)	the person responsible for performing the tune-up;

(4)	for boilers and indirect-fired process heaters, the checklist for
inspection of the burner, flame pattern, combustion control system, and
all other components of the boiler or indirect-fired process heater
identified in the protocol, noting any repairs or replacements made;

(5)	for stationary internal combustion engines, the checklist for engine
air cleaners, turbochargers, sparkplugs, valve lash, ignition coils and
wiring, aftercooler cores, and all other components of the engine
identified in the protocol, noting any repairs or replacements made;

(6)	any stack gas analyses performed after the completion of all
adjustments to show that the operating parameters of the boiler,
indirect-fired process heater, or stationary internal combustion engine
have been optimized with respect to fuel consumption and output; at a
minimum these parameters shall be within the range established by the
equipment manufacturer to ensure that the emission limitation for
nitrogen oxides has not been exceeded; and 

(7)	any other information requested by the Director to show that the
boiler, indirect-fired process heater, or stationary internal combustion
engine is being operated and maintained in a manner to minimize the
emissions of nitrogen oxides.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995;

Temporary Amendment Eff. August 1, 2001; November 1, 2000;

Amended Eff. July 18, 2002.

15A NCAC 02D .1415	TEST METHODS AND PROCEDURES

(a)  When source testing is used to determine compliance with rules in
this Section, the methods and procedures in Section .2600 of this
Subchapter shall be used.

(b)  The owner or operator shall maintain records of tests performed to
demonstrate compliance with this Section according to Rule .1404 of this
Section.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995;

Temporary Amendment Eff. August 1, 2001; November 1, 2000;

Amended Eff. June 1, 2008: July 18, 2002.

15A NCAC 02D .1416	EMISSION ALLOCATIONS FOR UTILITY COMPANIES

(a) After November 1, 2000 but before the EPA promulgation of revisions
to 40 CFR Part 51, Subpart G, revising the nitrogen oxide budget for
North Carolina, the following limits apply:

(1)	Carolina Power & Light.  The total emissions from all the coal-fired
boilers and combustion turbines that are not listed in Rule .1417 of
this Section at Carolina Power & Light Company's Asheville, Cape Fear,
Lee, Mayo, Roxboro, Sutton, and Weatherspoon facilities shall not
exceed:

(A)	12,019 tons per ozone season for 2004;

(B)	15,566 tons per ozone season for 2005;

(C)	14,355 tons per ozone season for 2006 and each year thereafter until
revised according to Rule .1420 of this Section; and

Furthermore, except as allowed under Paragraph (d) of this Rule,
individual sources at these facilities named in the table in this
Subparagraph shall not exceed during the ozone season the nitrogen oxide
emission allocations in the table.

FACILITY

	SOURCE

	EMISSION ALLOCATIONS

(tons/ozone season)

2004	EMISSION ALLOCATIONS

(tons/ozone season)

2005	EMISSION ALLOCATIONS (tons/ozone season)

2006 and later

Asheville, Buncombe Co.	1	551	714	659

	2	538	697	643

Cape Fear

Chatham Co	5	286	371	342

	6	406	526	485

Lee

Wayne Co	1	145	188	173

	2	159	206	190

	3	465	603	556

Mayo

Person Co	1	1987	2572	2373

Roxboro

Person Co	1	861	1115	1028

	2	1602	2075	1914

	3	1773	2295	2116

	4	1698	2199	2028

L V Sutton

New Hanover Co.	1	182	236	217

	2	198	256	236

	3	806	1044	962

Weatherspoon

Robeson Co.	1	85	110	102

	2	97	125	116

	3	180	234	215



(2)	Duke Power.  The total emissions from all the coal-fired boilers and
combustion turbines that are not listed in Rule .1417 of this Section at
Duke Power Company's Allen, Belews Creek, Buck, Cliffside, Dan River,
Marshall, and Riverbend facilities shall not exceed:

(A)	17,816 tons per ozone season for 2004;

(B)	23,072 tons per ozone season for 2005;

(C)	21,278 tons per ozone season for .2006 and each year thereafter
until revised according to Rule .1420 of this Section; and

Furthermore, except as allowed under Paragraph (d) of this Rule,
individual sources at these facilities named in the table in this
Subparagraph shall not exceed during the ozone season the nitrogen oxide
emission allocations in the table.

FACILITY

	SOURCE

	EMISSION

ALLOCATIONS

(tons/ozone season)

2004	EMISSION

ALLOCATIONS

(tons/season)

2005	EMISSION

ALLOCATIONS

(tons/season)

2006 and later

G G Allen

Gaston Co.	1	350	453	418

	2	355	460	424

	3	590	764	705

	4	528	683	630

	5	678	748	690

Belews Creek

Stokes Co.	1	2591	3356	3095

	2	3020	3911	3608

Buck

Rowan Co.	5	66	86	79

	6	73	95	87

	7	78	101	93

	8	319	413	381

	9	337	437	403

Cliffside

Cleveland and Rutherford Co.	1	76	98	91

	2	82	106	98

	3	107	138	128

	4	120	156	144

	5	1326	1717	1584

Dan River

Rockingham Co.	1	132	171	157

	2	144	186	172

	3	304	394	363

Marshall

Catawba Co.	1	1011	1309	1207

	2	1056	1367	1261

	3	1784	2311	2131

	4	1764	2285	2107

Riverbend

Gaston Co.	10	299	387	357

	7	216	280	258

	8	225	291	268

	9	285	369	340



(b)  After November 1, 2000, and after any EPA promulgation of revisions
to 40 CFR Part 51, Subpart G, revising the nitrogen oxide budget for
North Carolina, the following limits apply:

(1)	Carolina Power & Light.  The total emissions from all the coal-fired
boilers and combustion turbines that are not listed in Rule .1417 of
this Section at Carolina Power & Light Company's Asheville, Cape Fear,
Lee, Mayo, Roxboro, Sutton, and Weatherspoon facilities shall not
exceed:

(A)	12,019 tons per ozone season in 2004;

(B)	15,024 tons per ozone season for 2005;

(C)	11,320 tons per ozone season for 2006 and each year thereafter until
revised according to Rule .1420 of this Section; and

Furthermore, except as allowed under Paragraph (d) of this Rule,
individual sources at these facilities named in the table in this
Subparagraph shall not exceed during the ozone season the nitrogen oxide
emission allocations in the table.

FACILITY

	SOURCE

	EMISSION ALLOCATIONS (tons/ozone season) 2004

	EMISSION ALLOCATIONS

(tons/ozone season)

2005	EMISSION ALLOCATIONS

(tons/ozone season)

2006 and later

Asheville

Buncombe Co	1	551	689	519

	2	538	672	507

Cape Fear

Chatham Co	5	286	358	270

	6	406	508	382

Lee

Wayne Co.	1	145	182	137

	2	159	199	150

	3	465	582	438

Mayo

Person Co	1	1987	2483	1872

Roxboro

Person Co	1	861	1076	811

	2	1602	2003	1509

	3	1773	2215	1669

	4	1698	2122	1599

L V Sutton

New Hanover Co.	1	182	228	171

	2	198	247	186

	3	806	1007	759

Weatherspoon

Robeson Co.	1	85	107	80

	2	97	121	91

	3	180	225	170



(2)	Duke Power.  The total emissions from all the coal-fired boilers and
combustion turbines that are not listed in Rule .1417 of this Section at
Duke Power Company's Allen, Belews Creek, Buck, Cliffside, Dan River,
Marshall, and Riverbend facilities shall not exceed:

(A)	17,816 tons per ozone season;

(B)	22,270 tons per ozone season for 2005;

(C)	16,780 tons per ozone season for 2006 and each year thereafter until
revised according to Rule .1420 of this Section; and

Furthermore, except as allowed under Paragraph (d) of this Rule,
individual sources at these facilities named in the table in this
Subparagraph shall not exceed during the ozone season the nitrogen oxide
emission allocations in the table.

FACILITY

	SOURCE

	EMISSION

ALLOCATIONS

(tons/ozone season)

2004

	EMISSION

ALLOCATIONS

(tons/ozone season)

2005	EMISSION

ALLOCATIONS

(tons/ozone season)

2006 and later

G G Allen

Gaston Co.	1	350	437	329

	2	355	444	334

	3	590	737	556

	4	528	660	497

	5	578	722	544

Belews Creek

Stokes Co.	1	2591	3239	2441

	2	3020	3775	2846

Buck

Rowan Co.	5	66	83	63

	6	73	91	69

	7	78	97	73

	8	319	399	300

	9	337	422	318

Cliffside

Cleveland and Rutherford Co.	1	76	95	71

	2	82	102	77

	3	107	134	101

	4	120	150	113

	5	1326	1658	1249

Dan River

Rockingham Co.	1	132	165	124

	2	144	180	135

	3	304	380	286

Marshall

Catawba Co.	1	1011	1263	952

	2	1056	1320	994

	3	1784	2230	1680

	4	1764	2206	1662

Riverbend

Gaston Co.	10	299	374	282

	7	216	270	204

	8	225	281	212

	9	285	356	268



(c)  Posting of emission allocation.  The Director shall post the
emission allocations for sources covered under this Rule on the
Division's web page.

(d)  Trading.  Sources shall comply with the requirements of this Rule
using the nitrogen oxide budget trading program set out in Rule .1419 of
this Section.

(e)  Monitoring.  The owner or operator of a source subject to this Rule
shall show compliance using a continuous emission monitor that meets the
requirements of 40 CFR Part 75, Subpart H, with such exceptions as
allowed under 40 CFR Part 75, Subpart H or 40 CFR Part 96.

(f)  Operation of control devices.  All emission control devices and
techniques installed to comply with this Rule shall be operated during
the ozone season in the manner in which they are designed and permitted
to be operated.

(g)  Days of violations.  For the purposes of this Rule, the number of
days of violation for a source shall be determined after the end of the
ozone season as follows:

(1)	To the source's allocation in this Rule, the allocations acquired
before December 1 of that year under Rule .1419 of this Section are
added and the allocations transferred before December 1 of that year
under Rule .1419 of this Section are subtracted.

(2)	The value calculated under Subparagraph (1) of this Paragraph is
compared to the actual emissions from the source for the ozone season. 
If the value calculated under Subparagraph (1) of this Paragraph is
greater than or equal to the actual emissions from the source for the
ozone season, the source is in compliance.  If the value calculated
under Subparagraph (1) of this Paragraph is less than the actual
emissions from the source for the ozone season, the source is not in
compliance.

(3)	If the source is not in compliance, beginning with September 30, the
actual emissions for that day and each preceding day are subtracted from
the actual emissions for the ozone season until the value calculated
under Subparagraph (1) of this Paragraph is greater than or equal to the
actual emissions. Each day that the source operated after this day to
September 30 is a day of violation.

(h)  Modification and reconstruction.  The modification or
reconstruction of a source covered under this Rule shall not make that
source a "new" source under this Rule.  A source that is modified or
reconstructed shall retain its emission allocations under Paragraph (a)
or (b) of this Rule.

(i)  Additional controls.  The Environmental Management Commission may
specify through rulemaking a specific emission limit lower than that
established under this Rule for a specific source if compliance with the
lower emission limit is required as part of the State Implementation
Plan to attain or maintain the ambient air quality standard for ozone.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (7),
(10);

Temporary Adoption Eff. November 1, 2000;

Eff. April 1, 2001;

Temporary Amendment Eff. August 1, 2001;

Amended Eff. June 1, 2004; July 18, 2002.

15A NCAC 02D .1417	EMISSION ALLOCATIONS FOR LARGE COMBUSTION SOURCES

(a)  Applicability. This rule applies to the sources listed in Paragraph
(b) of this Rule or to the following types of sources that are permitted
before November 1, 2000, and are not covered under Rule .1416 of this
Section:

(1)	fossil fuel-fired stationary boilers, combustion turbines, or
combined cycle systems serving a generator with a nameplate capacity
greater than 25 megawatts electrical and selling any amount of
electricity; or

(2)	fossil fuel-fired stationary boilers, combustion turbines, or
combined cycle systems having a maximum design heat input greater than
250 million Btu per hour that are not covered under Subparagraph (1) of
this Paragraph.

(b)  Initial emission allocations.

(1)	After November 1, 2000 but before the EPA promulgation of revisions
to 40 CFR Part 51, Subpart G, revising the nitrogen oxide budget for
North Carolina, the emission allocations in the tables in this
Subparagraph shall apply.  Except as allowed under Paragraph (d) of this
Rule, sources named in the tables in this Subparagraph shall not exceed
during the ozone season the nitrogen oxide (NOx) emission allocations in
the tables until revised according to Rule .1420 of this Section:

ELECTRICAL GENERATING UNITS

FACILITY	

SOURCE	NOX

EMISSION ALLOCATIONS (tons/ozone season)

2004	NOX EMISSION ALLOCATIONS (tons/ozone season) 2005	NOX EMISSION
ALLOCATIONS (tons/ozone season)

2006 and later

Butler Warner Generating, Cumberland Co.

	Combustion Turbine 1	

27	

33	

49

	Combustion Turbine 2 	

27	

33	

49

	Combustion Turbine 3	

27	

33	

49

	Combustion Turbine 6	

28	

35	

52

	Combustion Turbine 7 	

27	

33	

49

	Combustion Turbine 8	

27	

33	

49

	Combustion Turbine 4	

34	

43	

63

	Combustion Turbine 5	

35	

43	

63

Cogentrix-Rocky Mount, Edgecombe Co.	Boiler ST unt	319	398	351

Cogentrix-Elizabethtown, Bladen Co.	Coal boiler ST-own	115	143	126

Cogentrix-Kenansville, Duplin Co.	Stoker boiler ST-LLE	103	128	113

Cogentrix-Lumberton, Robeson Co.	Coal boiler ST-TON	114	142	125

Cogentrix-Roxboro, Person Co.	ST-ORO

	175	218	192

Cogentrix-Southport, Brunswick Co.	ST-ORT

	356	443	391

Duke Power, Lincoln

	Combustion Turbine 1	18	23	23

	Combustion Turbine 2	18	23	23

	Combustion Turbine 3	18	23	23

	Combustion Turbine 4	18	23	23

	Combustion Turbine 5	18	23	23

	Combustion Turbine 6	18	23	23

	Combustion Turbine 7	18	23	23

	Combustion Turbine 8	18	23	23

	Combustion Turbine 9	18	23	23

	Combustion Turbine 10	18	23	23

	Combustion Turbine 11	18	23	23

	Combustion Turbine 12	18	23	23

	Combustion Turbine 13	18	23	23

	Combustion Turbine 14	18	23	23

	Combustion Turbine 15	18	23	23

	Combustion Turbine 16	19	24	24

Panda-Rosemary,

Halifax Co.	CT-ary	35	43	32

	CW-ary	25	31	23

Roanoke Valley, 

Halifax Co.	1	447	557	492

	2	142	178	167

RJ Reynolds Tobbaccoville Facility, Forsyth Co.

	Boiler 1	194	243	64

	Boiler 2	218	273	64

	Boiler 3	178	223	64

	Boiler 4	190	238	64

UNC-CH, Orange Co.

	Boiler no. 5, 6, and 7	116	145	128

	Boiler no. 8	120	150	113

CP&L, Lee Plant, Wayne County

	Combustion Turbine 10	25	31	31

	Combustion Turbine 11	25	31	31

	Combustion Turbine 12	92	115	115

	Combustion Turbine 13	92	115	115

Dynegy, Rockingham County

	Combustion Turbine 1	34	42	42

	Combustion Turbine 2	33	42	42

	Combustion Turbine 3	33	42	42

	Combustion Turbine 4	33	41	41

	Combustion Turbine 5	33	41	41

CP&L, Woodleaf, Rowan County

	Combustion Turbine 1	22	27	27

	Combustion Turbine 2	22	27	27

	Combustion Turbine 3	22	27	27

	Combustion Turbine 4	21	27	27

	Combustion Turbine 5	22	27	27

CP&L, Mark's Creek, Richmond County

	Combustion Turbine 1	22	27	27

	Combustion Turbine 2	22	27	27

	Combustion Turbine 3	22	27	27

	Combustion Turbine 4	22	27	27

	Combustion Turbine   5	21	27	27

	Combustion Turbine 6	21	27	27

	Combustion Turbine 7	22	28	28

CP&L, Asheville, Buncombe County

	Combustion Turbine	60	75	75

	Combustion Turbine	60	75	75



NON-ELECTRICAL GENERATING UNITS

FACILITY	

SOURCE	NOX EMISSION ALLOCATIONS (tons/ozone season)

2004	NOX EMISSION ALLOCATIONS (tons/ozone season)

2005	NOX EMISSION ALLOCATIONS (tons/ozone season)

2006 and later

Weyerhaeuser Paper Co., Martin Co.	Riley boiler	566	709	379

	Package boiler	20	25	25

Blue Ridge Paper Products, Haywood Co.

	Pulverized coal dry bottom boiler – Big Bill	212	265	141

	Pulverized coal dry bottom boiler – Peter G	187	234	125

	Pulverized coal dry bottom boiler – Riley Coal	358	447	239

	Pulverized coal, wet bottom boiler – No. 4	365	456	244

	Boiler – Riley Bark	135	169	90

International Paper Corp., Halifax Co.	Wood/ bark, no. 6 oil, pulverized
coal dry bottom boiler	518	648	346

Weyerhaeuser Co. New Bern Mill, Craven Co.	#1 power boiler	181	226	121

	#2 power boiler	58	72	72

International. Paper, Columbus Co.	No. 3 Power Boiler	126	158	84

	No. 4 Power Boiler	334	418	223

Fieldcrest-Cannon, Plant 1 Cabarrus Co.	Boiler	174	217	116



(2)	After November 1, 2000, and after any EPA promulgation of revisions
to 40 CFR Part 51, Subpart G, revising the nitrogen oxide budget for
North Carolina, the emission allocations in the tables in this
Subparagraph shall apply.  Except as allowed under Paragraph (d) of this
Rule, sources named in the tables in this Subparagraph shall not exceed
during the ozone season the nitrogen oxide (NOx) emission allocations in
the tables until revised according to Rule .1420 of this Section:

ELECTRIC GENERATING UNITS

FACILITY	

SOURCE	NOX

EMISSION ALLOCATIONS (tons/ozone season) 2004

	NOX EMISSION ALLOCATIONS (tons/ozone season)

2005	NOX EMISSIONS ALLOCATIONS(tons/ozone season)

2006 and later

Butler Warner Generating, Cumberland Co.

	Combustion Turbine 1	27	33	49

	Combustion Turbine 2	27	33	49

	Combustion Turbine 3	27	33	49

	Combustion Turbine 6	28	35	52

	Combustion Turbine 7	27	33	49

	Combustion Turbine 8	27	33	49

	Combustion Turbine 4	34	43	63

	Combustion Turbine 5	35	43	63

Cogentrix-Rocky Mount, Edgecombe Co.	Boiler ST-unt	319	398	351

Cogentrix-Elizabethtown, Bladen 	Coal boiler ST-OWN	115	143	126

Cogentrix-Kenansville, Duplin Co.	Stoker boiler ST-LLE	103	128	113

Cogentrix-Lumberton, Robeson Co.	Coal boiler ST-TON	114	142	125

Cogentrix-Roxboro, Person Co.	ST-ORO	175	218	192

Cogentrix-Southport, Brunswick Co.	ST-ORT	356	444	392

Duke Power, Lincoln

	Combustion Turbine 1	18	23	26

	Combustion Turbine 2	18	23	26

	Combustion Turbine 3	18	23	26

	Combustion Turbine 4	18	23	26

	Combustion Turbine 5	18	23	26

	Combustion Turbine 6	18	23	26

	Combustion Turbine 7	18	23	26

	Combustion Turbine 8	18	23	26

	Combustion Turbine 9	18	23	26

	Combustion Turbine 10	18	23	26

	Combustion Turbine 11	18	23	26

	Combustion Turbine 12	18	23	26

	Combustion Turbine 13	18	23	26

	Combustion Turbine 14	18	23	26

	Combustion Turbine 15	18	23	26

	Combustion Turbine 16	19	24	27

Panda-Rosemary, Halifax Co.	CT-ary	35	43	32

	CW-ary	25	31	23

Roanoke Valley, Halifax Co.	1	447	558	493

	2	142	178	167

RJ Reynolds Tobbaccoville Facility, Forsyth Co.

	Boiler 1	194	243	64

	Boiler 2	218	273	64

	Boiler 3	178	223	64

	Boiler 4	190	238	64

UNC-CH, Orange Co.

	Boiler no. 5, 6, and 7	116	145	128

	Boiler no. 8	120	150	113

CP&L, Lee Plant, Wayne County

	Combustion Turbine 10	25	31	31

	Combustion Turbine 11	25	31	31

	Combustion Turbine 12	92	115	115

	Combustion Turbine 13	92	115	115

Dynegy, Rockingham County

	Combustion Turbine 1	34	42	42

	Combustion Turbine 2	33	42	42

	Combustion Turbine 3	33	42	42

	Combustion Turbine 4	33	41	41

	Combustion Turbine 5	33	41	41

CP&L, Woodleaf, Rowan County

	Combustion Turbine 1	22	27	27

	Combustion Turbine 2	22	27	27

	Combustion Turbine 3	22	27	27

	Combustion Turbine 4	21	27	27

	Combustion Turbine 5	22	28	28

CP&L, Mark's Creek, Richmond County	Combustion Turbine 1	22	27	27

	Combustion Turbine 2	22	27	27

	Combustion Turbine 3	22	27	27

	Combustion Turbine 4	22	27	27

	Combustion Turbine 5	21	27	27

	Combustion Turbine 6	21	27	27

	Combustion Turbine 7	22	28	28

CP&L, Asheville, Buncombe County

	Combustion Turbine	60	75	75

	Combustion Turbine	60	75	75



NON-ELECTRIC GENERATING UNITS

FACILITY	

SOURCE	NOX

EMISSION ALLOCA-TIONS

(tons/ozone season)

2004

	NOX

 EMISSION ALLOCATIONS (tons/ozone season)

2005	NOX

EMISSION ALLOCA-TIONS (tons/ozone season)

2006 and later

Weyerhaeuser Paper Company, Martin Co.	Riley boiler	566	708	379

	Package boiler	20	25	25

Blue Ridge Paper Products, Haywood Co.	Pulverized coal dry bottom boiler
– Big Bill	212	265	141

	Pulverized coal dry bottom boiler – Peter G	187	234	125

	Pulverized coal dry bottom boiler – Riley Coal	358	447	239

	Pulverized coal, wet bottom boiler – No. 4	365	456	244

	boiler–Riley Bark	135	169	90

International Paper Corp., Halifax Co.	Wood/bark, no. 6 oil, pulverized
coal dry bottom boiler	518	648	346

Weyerhaeuser Co. New Bern Mill, Craven Co.	#1 power boiler	181	226	121

	#2 power boiler	58	72	72

International. Paper, Columbus Co.	No. 3 Power Boiler	126	158	84

	No. 4 Power Boiler	334	418	223

Fieldcrest-Cannon, Plant 1, Cabarrus Co.	Boiler	174	217	116



(3)	Any source covered under this Rule but not listed in Subparagraph
(b)(1) or (2) of this Paragraph shall have a nitrogen oxide emission
allocation of zero tons per season during the ozone season.

(c)  Posting of emission allocations.  The Director shall post the
emission allocations for sources covered under this Rule on the
Division's web page.

(d)  Trading.  Sources shall comply with the requirements of this Rule
using the nitrogen oxide budget trading program set out in Rule .1419 of
this Section. 

(e)  Monitoring. The owner or operator of a source subject to this Rule
shall show compliance using a continuous emission monitor that meets the
requirements of Rule .1404(d) of this Section.

(f)  Operation of control devices.  All emission control devices and
techniques installed to comply with this Rule shall be operated
beginning May 1 through September 30 in the manner in which they are
designed and permitted to be operated.

(g)  Days of violations.  For the purposes of this Rule, the number of
days of violation for a source shall be determined after the end of the
ozone season as follows:

(1)	To the source's allocation in this Rule, the allocations acquired
before December 1 of that year under Rule .1419 of this Section are
added and the allocations transferred before December 1 of that year
under Rule .1419 of this Section are subtracted.

(2)	The value calculated under Subparagraph (1) of this Paragraph is
compared to the actual emissions from the source for the ozone season.
If the value calculated under Subparagraph (1) of this Paragraph is
greater than or equal to the actual emissions from the source for the
ozone season, the source is in compliance. If the value calculated under
Subparagraph (1) of this Paragraph is less than the actual emissions
from the source for the ozone season, the source is not in compliance.

(3)	If the source is not in compliance, beginning with September 30, the
actual emissions for that day and each preceding day are subtracted from
the actual emissions for the ozone season until the value calculated
under Subparagraph (1) of this Paragraph is greater than or equal to the
actual emissions. Each day that the source operated after this day to
September 30 is a day of violation.

(h)  Modification and reconstruction, replacement, retirement, or change
of ownership. The modification or reconstruction of a source covered
under this Rule shall not make that source a "new" source under this
Rule. A source that is modified or reconstructed shall retain its
emission allocation under Paragraph (b) of this Rule.  If one or more
sources covered under this Rule is replaced, the new source shall
receive the allocation of the source, or sources, that it replaced
instead of an allocation under Rule .1421 of this Section.  If the owner
of a source changes, the emission allocations under this Rule and
revised emission allocations made under Rule .1420 of this Section shall
remain with the source.  If a source is retired, the owner or operator
of the source shall follow the procedures in 40 CFR 96.5.  The
allocations of a retired source shall remain with the owner or operator
of the retired source until a reallocation occurs under Rule .1420 of
this Section when the allocation shall be removed and given to other
sources if the retired source is still retired.

(i)  Additional controls.  The Environmental Management Commission may
specify through rulemaking a specific emission limit lower than that
established under this Rule for a specific source if compliance with the
lower emission limit is required as part of the State Implementation
Plan to attain or maintain the ambient air quality standard for ozone.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (7),
(10);

Temporary Adoption Eff. November 1, 2000;

Temporary Adoption Eff. August 1, 2001;

Eff. July 18, 2002;

Amended Eff. June 1, 2004.

15A NCAC 02D .1418	NEW ELECTRIC GENERATING UNITS, LARGE BOILERS, AND
LARGE I/C ENGINES 

(a)  Electric generating units. Emissions of nitrogen oxides from any
fossil fuel-fired stationary boiler, combustion turbine, or combined
cycle system permitted after October 31, 2000, serving a generator with
a nameplate capacity greater than 25 megawatts electrical and selling
any amount of electricity shall not exceed:

(1)	0.15 pounds per million Btu for gaseous and solid fuels and 0.18
pounds per million Btu for liquid fuels if it is not covered under Rule
.0530 (prevention of significant deterioration) or .0531 (nonattainment
area major new source review) of this Subchapter;

(2)	0.15 pounds per million Btu for gaseous and solid fuels and 0.18
pounds per million Btu for liquid fuels or best available control
technology requirements of Rule .0530 of this Subchapter, whichever
requires the greater degree of reduction, if it is covered under Rule
.0530 of this Subchapter; or

(3)	lowest available emission rate technology requirements of Rule .0531
of this Subchapter if it is covered under Rule .0531 of this Subchapter.

(b)  Large boilers. Emissions of nitrogen oxides from any fossil
fuel-fired stationary boiler, combustion turbine, or combined cycle
system having a maximum design heat input greater than 250 million Btu
per hour which is permitted after October 31, 2000, and not covered
under Paragraph (a) of this Rule, shall not exceed:

(1)	 0.17 pounds per million Btu for gaseous and solid fuels and 0.18
pounds per million Btu for liquid fuels if it is not covered under Rule
.0530 (prevention of significant deterioration) or .0531 (nonattainment
area major new source review) of this Subchapter;

(2)	0.17 pounds per million Btu for gaseous and solid fuels and 0.18
pounds per million Btu for liquid fuels or best available control
technology requirements of Rule .0530 of this Subchapter, whichever
requires the greater degree of reduction, if it is covered under Rule
.0530 of this Subchapter; or

(3)	lowest available emission rate technology requirements of Rule .0531
of this Subchapter if it is covered under Rule .0531 of this Subchapter.

(c)  Internal combustion engines. The following reciprocating internal
combustion engines permitted after October 31, 2000, shall comply with
the applicable requirements in Rule .1423 of this Section if the engine
is not covered under Rule .0530 (prevention of significant
deterioration) or .0531 (nonattainment area major source review) of this
Subchapter:

(1)	rich burn stationary internal combustion engines rated at equal to
or greater than 2,400 brake horsepower, 

(2)	lean burn stationary internal combustion engines rated at equal to
or greater than 2,400 brake horsepower, 

(3)	diesel stationary internal combustion engines rated at equal to or
greater than 3,000 brake horsepower, or 

(4)	dual fuel stationary internal combustion engines rated at equal or
to greater than 4,400 brake horsepower,

If the engine is covered under Rule .0530 of this Subchapter, it shall
comply with the requirements of Rule .1423 of this Section or the best
available control technology requirements of Rule .0530 of this
Subchapter, whichever requires the greater degree of reduction. If the
engine is covered under Rule .0531 of this Subchapter, it shall comply
with lowest available emission rate technology requirements of Rule
.0531 of this Subchapter.

(d)  Monitoring. The owner or operator of a source subject to this Rule
except internal combustion engines shall  show compliance using a
continuous emission monitor that meets the requirements of Rule .1404(d)
of this Section. Internal combustion engines shall comply with the
monitoring requirements in Rule .1423 of this Section. Monitors shall be
installed before the first ozone season in which the source will operate
and shall be operated each day during the ozone season that the source
operates.

(e)  Offsets.  If emission allocations are not granted under Rule .1421
of this Section or are not equal to or greater than the emissions of
nitrogen oxides of the source for that ozone season, until revised under
Rule .1420 of this Section, the owner or operator of the source shall
acquire emission allocations of nitrogen oxides under Rule .1419 of this
Section from other sources sufficient to offset its emissions. Sources
shall comply with the requirements of this Rule using the nitrogen oxide
budget trading program set out in Rule .1419 of this Section. The owner
or operator of internal combustion engines covered under Paragraph (c)
of this Rule shall not be required to obtain emission allocations or
emission reductions.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (7),
(10);

Temporary Adoption Eff. August 1, 2001; November 1, 2000;

Eff. July 18, 2002;

Amended Eff. June 1, 2004.

15A NCAC 02D .1419	NITROGEN OXIDE BUDGET TRADING PROGRAM 

(a)  Definitions. For the purposes of this Rule, the definitions in 40
CFR 96.2 shall apply except that:

(1)	"Permitting agency" means the North Carolina Division of Air
Quality.

(2)	"Fossil fuel fired" means fossil fuel fired as defined under Rule
.1401 of this Section instead of the definition in 40 CFR 96.2.

(b)  Existing sources. Sources covered under Rule .1416 or .1417 of this
Section shall comply with the requirements of Rule .1416 or .1417 of
this Section using the procedures of and complying with the requirements
of 40 CFR Part 96, Nitrogen Oxide Budget Trading Program for State
Implementation Plans, with the following exceptions:

(1)	Permit applications shall be submitted following the procedures and
schedules in this Section and in Subchapter 2Q of this Title instead of
the procedures and schedules in 40 CFR Part 96; and 

(2)	The dates and schedules for monitoring systems in 40 CFR Part 96
shall not apply; however, if a source operates during the ozone season,
it shall have installed and begun operating by May 1, 2004, a continuous
emissions monitoring system that complies with 40 CFR Part 96.

(c)  New sources. Except for internal combustion engines, sources
covered under Rule .1418 of this Section shall comply with the
requirements of Rule .1418 of this Section using the procedures of and
complying with the requirements of 40 CFR Part 96, Budget Trading
Program for State Implementation Plans, with the following exceptions:

(1)	Permit applications shall be submitted following the procedures and
schedules in this Section and in Subchapter 2Q of this Title instead of
the procedures and schedules in 40 CFR Part 96; and 

(2)	The dates and schedules for monitoring systems in 40 CFR Part 96
shall not apply; however, a source shall not operate during the ozone
season  until it has installed and is operating a continuous emissions
monitoring system that complies with 40 CFR Part 96.

(d)  Opt-in provisions. Boilers, turbines, and combined cycle systems
not covered under Rule .1416, .1417, or .1418 of this Section or
internal combustion engines may opt into the budget trading program of
40 CFR Part 96 by following the procedures and requirements of 40 CFR
Part 96, Subpart I, including using continuous emission monitors that
meet the requirements of 40 CFR Part 75, Subpart H. Before an internal
combustion engine opts into the budget trading program, the owner or
operator of the engine shall demonstrate that the continuous emissions
monitor on the engine can comply with the requirements of 40 CFR Part
75, Subpart H, by operating monitor on the engine under the conditions
specified in 40 CFR Part 75 for at least one ozone season before opting
into the budget trading program.

(e)  Divisional requirements. The Director and the Division of Air
Quality shall follow the procedures of 40 CFR Part 96 in reviewing
permit applications and issuing permits for NOx Budget sources, in
approving or disapproving monitoring systems for NOx Budget sources, and
in taking enforcement action against NOx Budget sources. The Director
may issue permits after May 1, 2003, for sources covered under this
Section that are participating in the nitrogen oxide budget trading
program under this Section. The provisions of 40 CFR Part 96 pertaining
to early reduction credits shall not apply.

(f)  Submitting emission allocations to the EPA. For sources covered
under Rule .1416, .1417, or .1418, the Director shall submit to the
Administrator of the Environmental Protection Agency NOx emission
allocations according to 40 CFR Part 96. The Environmental Management
Commission and the Director shall follow Rules .1416, .1417, and .1420
for emission allocations instead of the methodology specified in 40 CFR
Part 96. The Environmental Management Commission and the Director shall
follow, Rule .1421 of this Section for set-asides and new source
allocations instead of the provisions of 40 CFR Part 96. The
Environmental Management Commission and the Director shall follow Rule
.1422 of this Section for distributing the compliance supplement pool
instead of the provisions of 40 CFR Part 96.

(g)  EPA to administer. The United States Environmental Protection
Agency (EPA) shall administer the budget trading program of 40 CFR Part
96 on behalf of North Carolina. The Director shall provide the EPA the
information necessary under 40 CFR Part 96 for the EPA to administer 40
CFR Part 96 on behalf of North Carolina. The owner or operator of each
source covered under Rule .1416, .1417, or .1418, except internal
combustion engines, of this Section shall establish an account,
designate an authorized account representative, and comply with the
other requirements of 40 CFR Part 96 as necessary for the EPA to
administer the nitrogen oxide budget trading program on behalf of North
Carolina.

(h) Restrictions on trading. NOx emission allocations obtained under
this Rule shall not be used to meet the emission limits for a source if
compliance with that emission limit is required as part of the State
Implementation Plan to attain or maintain the ambient air quality ozone
standard. Sources covered under Rule .0531 (nonattainment area major new
source review) of this Subchapter shall not use the nitrogen oxide
budget trading program to comply with Rule .0531 of this Subchapter.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5), (7), (10);

Temporary Adoption Eff. November 1, 2000; 

Temporary Adoption Eff. August 1, 2001;

Eff. July 18, 2002;

Amended Eff. June 1, 2004.

15a ncac 02d .1420	PERIODIC REVIEW AND REALLOCATIONS

(a)  Periodic Review.  In 2006 and every five years thereafter, the
Environmental Management Commission shall review the emission
allocations of sources covered under Rules .1416, .1417, or .1418 of
this Section and decide if any revisions are needed. In making this
decision the Environmental Management Commission shall consider the
following:

(1)	the size of the allocation pool for new source growth under Rule
.1421 of this Section;

(2)	the amount of emissions allocations requested under Rule .1421 of
this Section;

(3)	the amount of emissions allocations available through nitrogen oxide
budget trading program;

(4)	the impact of reallocation on existing sources;

(5)	the impact of reallocations on sources covered under Rule .1421 of
this Section;

(6)	impact on future growth; and

(7)	other relevant information on the impacts of reallocation.

(b)  If the Environmental Management Commission decides to revise
emission allocations, it shall propose for each source that has been
permitted for and has complied with an emission rate of 0.10 pounds per
million Btu or less, emission allocations greater than or equal to the
greater of:

(1)	the source's current allocation, or 

(2)	an allocation calculated by multiplying the average of the source's
two highest seasonal energy inputs for the four most recent years by
0.15 pounds per million Btu and dividing by 2000.

(c)  Posting of emission allocations.  The Director shall post the new
emission allocations once they are adopted on the Division's web page.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5), (7), (10);

Temporary Adoption Eff. November 1, 2000; 

Temporary Amendment Eff. August 1, 2001;

Eff. July 18, 2002.

15A NCAC 02D .1421	ALLOCATIONS FOR NEW GROWTH OF MAJOR POINT SOURCES

(a)  Purpose.  The purpose of this Rule is to establish an allocation
pool from which emission allocations of nitrogen oxides may be allocated
to sources permitted after October 31, 2000.

(b)  Eligibility.  This Rule applies only to the following types of
sources covered under Rule .1418 of this Section, and permitted after
October 31, 2000:

(1)	fossil fuel-fired stationary boilers, combustion turbines, or
combined cycle systems serving a generator with a nameplate capacity
greater than 25 megawatts electrical and selling any amount of
electricity; or

(2)	fossil fuel-fired stationary boilers, combustion turbines, or
combined cycle systems having a maximum design heat input greater than
250 million Btu per hour that are not covered under Subparagraph (1) of
this Paragraph; 

(c)  Requesting allocation.  To receive emission allocations under this
Rule, the owner or operator of the source shall provide the following
written documentation to the Director before January 1 of the year
preceding the ozone season for which the emission allocation is sought:

(1)	a description of the combustion source or sources including heat
input;

(2)	evidence that the source complies with the emission limit under Rule
.1418 of this Section;

(3)	an estimate of the actual emissions of nitrogen oxides in tons per
ozone season;

(4)	the expected hours of operation during the ozone season;

(5)	the date on which the source is expected to begin operating if it is
not already operating;

(6)	the tons per ozone season of emission allocations being requested
(the amount requested shall be the lesser of the estimated actual
emissions under Subparagraph (3) of this Paragraph or the product of the
emission limit under Rule .1418 of this Section times the maximum design
heat input in millions of Btu per hour times the number of hours that
the source is projected to operate (not to exceed 3672 hours) divided by
2000); and

(7)	a description of the monitoring, recordkeeping, and reporting plan
that will assure continued compliance.

(d)  Approving requests. The Director shall approve a request for
emissions allocation if he finds that:

(1)	All the information and documentation required under Paragraph (c)
of this Rule has been submitted;

(2)	The request was received before January 1;

(3)	The source is eligible for emission allocations under this Rule;

(4)	The source complies with Rule .1418 of this Section;

(5)	The requested emission allocations do not exceed the estimated
actual emissions of nitrogen oxides; 

(6)	The source has or is likely to have an air quality permit before the
end of the upcoming ozone season; and

(7)	The source is operating or is scheduled to begin operating before
the end of the upcoming ozone season.

(e)  Preliminary allocations.  By March 1 before each ozone season, the
Director shall have calculated and posted on the Division's web page
preliminary emission allocations for sources whose requests under this
Rule he has approved. Preliminary emission allocations shall be
determined as follows:

(1)	If the emission allocations requested do not exceed the amount in
the pool, each source shall have a preliminary allocation equal to its
request.

(2)	If the emission allocations requested exceed the amount in the pool,
each source's emission allocations shall be calculated as follows:

(A)	For each source, its maximum design heat input in millions of Btu
per hour is multiplied by the number of hours that the source is
projected to operate not to exceed 3672 hours; this product is the
source's seasonal heat input.

(B)	The seasonal heat inputs calculated under Part (A) of this
Subparagraph are summed.

(C)	For each source, its seasonal heat input calculated under Part (A)
of this Subparagraph is multiplied by the tons of emission allocations
in the allocation pool and divided by the sum of seasonal heat inputs
calculated under Part (B) of this Subparagraph; this amount is the
source's preliminary emission allocations.

The preliminary emission allocations computed under this Paragraph may
be revised under Paragraph (f) of this Rule after the ozone season. 
Emissions allocations issued under this Paragraph are solely for
planning purposes and are not reported to the EPA to be recorded in
allowance tracking system account.  The emission allocations granted
under Paragraph (f) of this Rule shall be the emission allocations
granted the source to offset its emissions.

(f)  Final allocations.  According to Paragraph (g) of this Rule, the
Director shall grant emission allocations for each source for which he
has approved an allocation from the allocation pool as follows:

(1)	For each individual source, its allowable emission rate under Rule
.1418 of this Section is multiplied by its heat input during the ozone
season.  This product is divided by 2000.

(2)	The lesser of the source's actual emissions of nitrogen oxides, the
value calculated under Subparagraph (1) of this Paragraph, or the
preliminary emission allocations determined under Paragraph (e) of this
Rule shall be the source's emission allocation from the allocation pool.
 Emissions allocations granted under this Paragraph are reported to the
EPA to be recorded in allowance tracking system account.

(g)  Issuance of final allocations.  By November 1 following each ozone
season, the Director shall issue final allocations according to
Paragraph (f) of this Rule and shall notify each source that receives an
allocation of the amount of allocation that it has been granted.  By
November 1 following the ozone season, the Director shall also notify
the EPA of allocations issued and to whom they have been issued and the
amount issued to each source.  The Director shall post the final
allocations on the Division's web page.

(h)  Allocation pool.

(1)	Before the EPA promulgation of revisions after November 1, 2000, to
40 CFR Part 51, Subpart G, revising the nitrogen oxide budget for North
Carolina, the allocation pool shall contain the following: 

(A)	in 2004, 122 tons;

(B)	in 2005, 599 tons plus emission allocations carried over from the
previous year;

(C)	in 2006, 505 tons plus emission allocations carried over from the
previous year; and

(D)	in 2007, 1,058 tons plus emission allocations carried over from the
previous year. 

(2)	After the EPA promulgates revisions after November 1, 2000, to 40
CFR Part 51, Subpart G, revising the nitrogen oxide budget for North
Carolina, the allocation pool shall contain the following: 

(A)	in 2004, 122 tons;

(B)	in 2005, 78 tons plus emission allocations carried over from the
previous year;

(C)	in 2006, 1117 tons plus emission allocations carried over from the
previous year; and

(D)	in 2007, 1670 tons plus emission allocations carried over from the
previous year.

(i)  Changes in the allocation pool. By July 1, 2006, the Commission
shall begin to develop and adopt through rulemaking allocations for 2008
and later years.

(j)  Carryover. Emission allocations remaining in the allocation pool at
the end of the year shall be carried over into the next year for use
during the next ozone season.

(k)  Future requests. Once the owner or operator of a source has made a
request under this Rule for emission allocations from the allocation
pool, he does not have to request emission allocations under this Rule
in future years. The request shall automatically be included in
following years as long as the source remains eligible for emission
allocations under this Rule.

(l)  Loss of eligibility.  Once a source receives emission allocations
under Rule .1420 of this Section, it shall no longer be eligible for
emission allocations under this Rule.

(m)  Use of allocation. Allocations granted under this rule apply only
to the ozone season immediately preceding the issuance of final
allocations under Paragraph (g) of this Rule.  Allocations issued under
Paragraph (g) of this Rule for use in one year do not carry forward into
any following ozone season. Allocations granted under this Rule shall be
calculated for each ozone season.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143 215.107(a)(5), (7), (10);

Temporary Adoption Eff. November 1, 2000;

Temporary Adoption Eff. August 1, 2001;

Eff. July 18, 2002.

15A NCAC 2D .1422	COMPLIANCE SUPPLEMENT POOL CREDITS 

(a)  Purpose. The purpose of this Rule is to regulate North Carolina's
eligibility for and use of the Compliance Supplement Pool under 40 CFR
51.121(e)(3).

(b)  Eligibility. Sources covered under Rule .1416 of this Section may
earn Compliance Supplement Pool Credits for those nitrogen oxide
emissions reductions required by Rule .1416 of this Section that are
achieved during the ozone season after September 30, 1999 and are
demonstrated using baseline and current emissions determined according
to 40 CFR Part 75 before May 1, 2003, and are beyond the total emission
reductions required under 40 CFR Part 76 or any other provision of the
federal Clean Air Act. 

(c)  Credits. The Compliance Supplement Pool Credits earned under this
Rule shall be tabulated in tons of nitrogen oxides reduced per ozone
season. The control device, modification, or change in operational
practice that enables the combustion source or sources to achieve the
emissions reductions shall be permitted. The facility shall provide the
Division of Air Quality with written notification certifying the
installation and operation of the control device or the modification or
change in operational practice that enables the combustion source or
sources to achieve the emissions reduction. Only emission reductions
that are beyond emission reductions required under 40 CFR Part 76 or any
other provision of the federal Clean Air Act are creditable Compliance
Supplement Pool Credits. Credits are counted in successive seasons
through May 1, 2003. Seasonal credits shall be recorded in a Division of
Air Quality database and will accumulate in this database until May 1,
2003. At that point a cumulative total of all the Compliance Supplement
Pool Credits earned during the entire period shall be tabulated. These
credits will then be available for use by the State of North Carolina to
achieve compliance with the State ozone season NOx budget.

(d)  Requesting credits. In order to earn Compliance Supplement Pool
Credits, the owner or operator of the facility shall provide the
following written documentation to the Director before January 1, 2003. 

(1)	the combustion source or sources involved in the emissions
reduction;

(2)	the start date of the emissions reduction;

(3)	a description of the add-on control device, modification, or change
in operational practice that enables the combustion source or sources to
achieve the emissions reduction;

(4)	the current and baseline emissions of nitrogen oxides of the
combustion source or sources involved in this reduction in terms of tons
of nitrogen oxides per season;

(5)	the amount of reduction of emissions of nitrogen oxides achieved by
this action in tons of nitrogen oxides per season per combustion source
involved;  

(6)	the total reduction of nitrogen oxides achieved by this action in
tons of nitrogen oxides per season for all the combustion sources
involved;

(7)	a demonstration that the proposed action has reduced the emissions
of nitrogen oxides from the combustion sources involved by the amount
specified in Subparagraphs (d)(5) and (d)(6) of this Rule; and

(8)	a description of the monitoring, recordkeeping, and reporting plan
used to ensure continued compliance with the proposed emissions
reduction activity; continuous emissions monitors shall be used to
monitor emissions.

(e)  Approving requests. Before any Compliance Supplement Pool Credits
can be allocated, the Director shall have to approve them. The Director
shall approve credits if he finds that:

(1)	early emissions reductions are demonstrated using baseline and
current emissions determined according to 40 CFR Part 75 to be beyond
the reductions required under 40 CFR Part 76, Acid Rain Nitrogen Oxides
Emission Reduction Program and any other requirement of the federal
Clean Air Act; 

(2)	the emission reductions are achieved after September 30, 1999, and
before May 1, 2003, and

(3)	all the information and documentation required under Paragraph (d)
of this Rule have been submitted.

The Director shall notify the owner or operator of the source and EPA of
his approval or disapproval of a request and of the amount of Compliance
Supplement Pool Credits approved. If the Director disapproves a request
or part of a request, he shall explain in writing to the owner or
operator of the source the reasons for disapproval. 

(f)  Compliance supplement pool. The Director shall verify that the
Compliance Supplement Pool Credits do not exceed a statewide total of
10,737 tons for all the ozone seasons of the years 2003, 2004, and 2005.

(g)  Interim report. The owner or operators of the facility shall submit
to the Director by January 1, 2001 and January 1, 2002 an interim report
that contains the information in Paragraph (d) of this Rule for the
previous ozone season.

(h)  Recording credits. Based on the interim reports submitted under
Paragraph (g) of this Rule, the Division shall record the Compliance
Supplement Pool Credits earned under this Rule in a central database.
The Division of Air Quality shall maintain this database. These credits
shall be recorded in tons of emissions of nitrogen oxides reduced per
season with the actual start date of the reduction activity. Based on
the final formal request submitted under Paragraph (d) of this Rule as
approved under Paragraph (e) of this Rule, the Director shall finalize
the Compliance Supplement Pool Credits earned and record the final
earned credits in the Division's database. .

(i)  Use of credits. Final earned Compliance Supplement Pool Credits
shall be available for Carolina Power & Light Co. and Duke Power Co. to
use in 2003. The allocations of Carolina Power & Light Co.'s sources and
Duke Power Co.'s sources in Rule .1416 of this Section shall be reduced
for 2004 or 2005 by the amount of Compliance Supplement Pool Credits
used in 2003 using the procedures in Paragraph (k) of this Rule.
Compliance Supplement Pool Credits not used in 2003 shall be available
for use by the Director of the Division of Air Quality to offset excess
emissions of nitrogen oxides in order to achieve compliance with the
North Carolina ozone season NOx budget after May 30, 2004, but no later
than September 30, 2005. The credits shall be used on a one for one
basis, that is, one ton per season of credit can be used to offset one
ton, or less, per season of excess emissions to achieve compliance with
the requirements of Rule .1416 or .1417 of this Section. All credits
shall expire and will no longer be available for use after November 30,
2005. 

(j)  Reporting. The Director shall report:

(1)	to the EPA, Carolina Power & Light Co. and Duke Power Co. by: 

(A)	March 1, 2003 the Compliance Supplement Pool Credits earned by
Carolina Power & Light Co. and by Duke Power Co.; and

(B)	March 1, 2004 the reductions in allocations calculated under
Paragraphs (k) and (l) of this Rule; and

(2)	to the EPA by: 

(A)	December 1, 2003, the Compliance Supplement Pool Credits used
beginning May 1 through September 30, 2003;

(B)	December 1, 2004, the Compliance Supplement Pool Credits used
beginning May 31 through September 30, 2004; and 

(C)	December 1, 2005, the Compliance Supplement Pool Credits used
beginning May 1 through September 30, 2005. 

(k)  Using Compliance Supplement Pool Credits in 2003. Carolina Power &
Light Co. and Duke Power Co. may use Compliance Supplement Pool Credits
in 2003. If they do use Compliance Supplement Pool Credits in 2003, then
the allocations for their sources in Rule .1416 of this Section shall be
reduced for 2004 or 2005 by the amount of Compliance Supplement Pool
Credits used in 2003. Before the Director approves the use of Compliance
Supplement Pool Credits in 2003, the company shall identify the sources
whose allocations are to be reduced to offset the Compliance Supplement
Pool Credits requested for 2003 and the year (2004 or 2005) in which the
allocation is reduced. The Director shall approve no more than 4,295
tons for Carolina Power & Light Co. and no more than 6,442 tons for Duke
Power Co. The Director shall approve no more than 5,771 tons being
offset by reductions in allocations in 2004 and no more than 4,966 tons
being offset by reductions in allocations in 2005.

(l)  Failure to receive sufficient credits. If the sum of Compliance
Supplement Pool Credits received by Carolina Power & Light Co. and Duke
Power Co. are less than 10,737 tons, the following procedure shall be
used to reduce the allocations in Rule .1416 of this Section:

(1)	If the Compliance Supplement Pool Credits received by Carolina Power
& Light Co. are less than 4,295 tons, and the Compliance Supplement Pool
Credits received by Duke Power Co. are greater than or equal to 6,442
tons, the allocation for Carolina Power & Light Co.'s sources shall be
reduced by the amount obtained by subtracting from 10,737 tons the sum
of Compliance Supplement Pool Credits received by Carolina Power & Light
Co. and Duke Power Co. The allocations of Carolina Power & Light Co.'s
sources shall be reduced using the procedure in Subparagraph (4) of this
Paragraph.

(2)	If the Compliance Supplement Pool Credits received by Duke Power Co.
are less than 6,442 tons, and the Compliance Supplement Pool Credits
received by Carolina Power & Light Co. are greater than or equal to
4,295 tons, the allocation for Duke Power Co.'s sources shall be reduced
by the amount obtained by subtracting from 10,737 tons the sum of
Compliance Supplement Pool Credits received by Carolina Power & Light
Co. and Duke Power Co. The allocations of Duke Power Co.'s sources shall
be reduced using the procedure in Subparagraph (4) of this Paragraph.

(3)	If the Compliance Supplement Pool Credits received by Carolina Power
& Light Co. are less than 4,295 tons, and the Compliance Supplement Pool
Credits received by Duke Power Co. are less than 6,442 tons:

(A)	The allocation for Carolina Power & Light Co.'s sources shall be
reduced by the amount obtained by subtracting from 4,295 tons the
Compliance Supplement Pool Credits received by Carolina Power & Light
Co. The allocations of Carolina Power & Light Co.'s sources shall be
reduced using the procedure in Subparagraph (4) of this Paragraph; and

(B)	The allocation for Duke Power Co.'s sources shall be reduced by the
amount obtained by subtracting from 6,442 tons the Compliance Supplement
Pool Credits received by Duke Power Co. The allocations of Duke Power
Co.'s sources shall be reduced using the procedure in Subparagraph (4)
of this Paragraph.

(4)	When the allocations in Rule .1416 of this Section for Carolina
Power & Light Co.'s sources or for Duke Power Co.'s sources are required
to be reduced, the following procedure shall be used:

(A)	If the reduction required is less than or equal to 4,966 tons, then
following procedure shall be used:

(i)	The allocation of all sources listed in Rule .1416 of this Section
for 2005 for Carolina Power & Light Co. or Duke Power Co. are summed. 

(ii)	The reduction required under Subparagraph (1), (2), or (3) of this
Paragraph is subtracted from the sum computed under Subpart (i) of this
Part.

(iii)	The allocation of each source listed in Rule .1416 of this Section
for 2005 for Carolina Power & Light Co. or Duke Power Co. is multiplied
by the value computed under Subpart (ii) of this Part and divided by the
value computed under Subpart (i) of this Part. The result is the revised
allocation for that source.

(B)	If the reduction required is more than 4,966 tons, then the
following procedure shall be used:

(i)	The reduction for the allocations for 2005 is determined using the
procedure under Part (A) of this Subparagraph and substituting 4,966 as
the reduction required under Subpart (A)(ii) of this Subparagraph.

(ii)	The reduction for the allocations for 2004 shall be determined
using the following procedure:

(I)	The reduction required under Subparagraph (1), (2), or (3) of this
Paragraph is subtracted from 4,966.

(II)	The allocations of all sources listed in Rule .1416 of this Section
for 2004 for Carolina Power & Light Co. or Duke Power Co. for 2004 are
summed. 

(III)	The allocation of each source listed in Rule .1416 of this Section
for 2004 for Carolina Power & Light Co. or Duke Power Co. is multiplied
by the value computed under Sub-Subpart (I) of this Subpart and divided
by the value computed Sub-Subpart (II) of this Subpart. The result is
the revised allocation for that source

(m)  If allocations are reduced in 2004 or 2005 for Carolina Power &
Light Co. or Duke Power Co. under Paragraph (k) or (l) of this Rule, the
company whose allocations are reduced shall reduce its allocations by
returning allowances through the use of allowance transfers to the State
following the procedures in 40 CFR Part 96. These allowances shall be
retired.

History Note:	Authority G.S. 143-215.3(a)(1);143-215.65; 143-215.66;
143-215.107(a)(5), (7), (10);

Temporary Adoption Eff. August 1, 2001;

Eff. July 18, 2002;

Amended Eff. June 1, 2004.

15A ncac 02d .1423	LARGE INTERNAL COMBUSTION ENGINES

(a)  Applicability. This Rule applies to the following internal
combustion engines permitted after October 30, 2000 that are subject to
Rule .1418 of this Section but are not subject to Rules .0530
(prevention of significant deterioration) or .0531 (nonattainment area
major new source review) of this Subchapter:

(1)	rich burn stationary internal combustion engines rated at equal or
greater than 2,400 brake horsepower;

(2)	lean burn stationary internal combustion engines rated at equal or
greater than 2,400 brake horsepower; 

(3)	diesel stationary internal combustion engines rated at equal or
greater than 3,000 brake horsepower; or 

(4)	dual fuel stationary internal combustion engines rated at equal or
greater than 4,400 brake horsepower.

(b)  Emission limitation. The owner or operator of a stationary internal
combustion engine shall not cause to be emitted into the atmosphere
nitrogen oxides in excess of the following applicable limit, expressed
as nitrogen dioxide corrected to 15 percent parts per million by volume
(ppmv) stack gas oxygen on a dry basis, averaged over a rolling 30-day
period, as may be adjusted under Paragraph (c) of this Rule:

MAXIMUM ALLOWABLE EMISSION CONCENTRATION FOR

STATIONARY INTERNAL COMBUSTION ENGINES

(parts per million)

Engine Type	Limitation

	Rich-burn	110

	Lean-burn	125

	Diesel	175

	Dual fuel	125



(c)  Adjustment. Each emission limit expressed in Paragraph (b) of this
Rule may be multiplied by X, where X equals the engine efficiency (E)
divided by a reference efficiency of 30 percent. Engine efficiency (E)
shall be determined using one of the methods specified in Subparagraphs
(1) or (2) of this Paragraph, whichever provides a higher value.
However, engine efficiency (E) shall not be less than 30 percent. An
engine with an efficiency lower than 30 percent shall be assigned an
efficiency of 30 percent.

(1)

      (Engine output)*(100)

E=   

              Energy input

where energy input is determined by a fuel measuring device accurate to
plus or minus 5 percent and is based on the higher heating value (HHV)
of the fuel. Percent efficiency (E) shall be averaged over 15
consecutive minutes and measured at peak load for the applicable engine.

(2)

       Manufacturer's Rated Efficiency [continuous] at LHV)*(LHV)

E=  

                                                 HHV

where LHV is the lower heating value of the fuel; and HHV is the higher
heating value of the fuel.

(d)  Compliance determination and monitoring. The owner or operator of
an internal combustion engine subject to the requirements of this Rule
shall determine compliance using: 

(1)	a continuous emissions monitoring system (CEMS) which meets the
applicable requirements of Appendices B and F of 40 CFR part 60,
excluding data obtained during periods specified in Paragraph (g) of
this Rule and Rule .1404 of this Section; or

(2)	an alternate calculated and recordkeeping procedure based on actual
emissions testing and correlation with operating parameters. The
installation, implementation, and use of this alternate procedure shall
be approved by the Director before it may be used. The Director may
approve the alternative procedure if he finds that it can show the
compliance status of the engine.

(e)  Reporting requirements. The owner or operator of a stationary
internal combustion engine subject to this Rule shall submit: 

(1)	a report documenting the engine's total nitrogen oxide emissions
beginning May 1 and ending September 30 of each year to the Director by
October 31 of each year, beginning with the year of first ozone season
that the engine operates;

(2)	an excess emissions and monitoring systems performance report,
according to the requirements of 40 CFR 60.7(c) and 60.13, if a
continuos emissions monitoring system is used.

(f)  Recordkeeping requirements. The owner or operator of a stationary
internal combustion engine subject to this Rule shall maintain all
records necessary to demonstrate compliance with the Rule for two
calendar years at the facility at which the engine is located. The
records shall be made available to the Director upon request. The owner
or operator shall maintain records of the following information for each
day the engine operates:

(1)	identification and location of the engine;

(2)	calendar date of record;

(3)	the number of hours the engine operated during each day, including
startups, shutdowns, and malfunctions, and the type and duration of
maintenance and repairs;

(4)	date and results of each emissions inspection;

(5)	a summary of any emissions corrective maintenance taken;

(6)	the results of all compliance tests; and

(7)	if a unit is equipped with a continuous emission monitoring system:

(A)	identification of time periods during which nitrogen oxide standards
are exceeded, the reason for the excess emissions, and action taken to
correct the excess emissions and to prevent similar future excess
emissions; and

(B)	identification of the time periods for which operating conditions
and pollutant data were not obtained including reasons for not obtaining
sufficient data and a description of corrective actions taken.

(g)  Exemptions. The emission standards of this Rule shall not apply to
the following periods of operation:

(1)	start-up and shut-down periods and periods of malfunction, not to
exceed 36 consecutive hours;

(2)	regularly scheduled maintenance activities.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5), (7), (10);

Temporary Adoption Eff. August 1, 2001;

Eff. July 18, 2002.

SECTION .1600 - GENERAL CONFORMITY

15A NCAC 02D .1601	PURPOSE, SCOPE AND APPLICABILITY

(a)  The purpose of this Section is also to assure that a federal action
conforms with all plans required of areas designated as nonattainment or
maintenance under 40 CFR 81.334 and listed in Paragraph (b) or (c) of
this Rule.  No department, agency, or instrumentality of the Federal
Government shall engage in, support in any way or provide financial
assistance for, license or permit, or approve any activity which does
not conform to these maintenance plans.

(b)  This Section applies to the emissions of volatile organic compounds
and nitrogen oxides in the following areas:

(1)	Davidson County,

(2)	Durham County,

(3)	Forsyth County,

(4)	Gaston County,

(5)	Guilford County,

(6)	Mecklenburg County,

(7)	Wake County,

(8)	Dutchville Township in Granville County, and

(9)	that part of Davie County bounded by the Yadkin River, Dutchmans
Creek, North Carolina Highway 801, Fulton Creek, and back to the Yadkin
River.

(c)  This Section applies to the emissions of carbon monoxide in the
following areas:

(1)	Durham County,

(2)	Forsyth County,

(3)	Mecklenburg County, and

(4)	Wake County.

(d)  This Section applies, in the areas identified in Paragraph (b) or
(c) of this Rule for the pollutants identified in Paragraph (b) or (c)
of this Rule, to federal actions not covered by Section .2000 of this
Subchapter.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. April 1, 1995;

Amended Eff. April 1, 1999.

15A NCAC 02D .1602	DEFINITIONS

For the purposes of this Section, the definitions contained in 40 CFR
51.852 apply.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. April 1, 1995.

15A NCAC 02D .1603	GENERAL CONFORMITY DETERMINATION

(a)  The appropriate federal agency shall make a determination that a
federal action conforms with the maintenance plans for the areas
identified in Rule .1601 of this Section in accordance with the
requirements of this Section before the action is taken with the
exceptions specified in 40 CFR 51.850(c).  A conformity determination is
required for each pollutant where the total of direct and indirect
emissions caused by a federal action would equal or exceed 100 tons per
year of carbon monoxide, nitrogen oxides, or volatile organic compounds,
with the exceptions specified in 40 CFR 51.853(c), (d), or (e).  The
Division shall provide technical assistance for the analysis necessary
to determine the conformity of the federal action.

(b)  Notwithstanding any other requirements of this Section, actions
specified by individual federal agencies that have met the requirements
of 40 CFR 51.853(g) and (h) are presumed to conform, except as provided
in 40 CFR 51.853(j).  Where 40 CFR 51.853(j) is applicable, the
requirements of 40 CFR 51.853(j) shall apply.

(c)  Any federal department, agency, or instrumentality of the federal
government taking an action subject to this Section shall comply with
the requirements of 40 CFR 51.854 through 51.859.  Any measures that are
intended to mitigate air quality impacts shall comply with the
requirements of 40 CFR 51.860.

(d)  Notwithstanding any other requirement of this Section, when the
total direct and indirect emissions of any pollutant from a federal
action does not equal or exceed the rates specified in 40 CFR 51.853(b),
but represents ten percent or more of the maintenance area's total
emissions of that pollutant, the action is defined as a regionally
significant action and the requirements of 40 CFR 51.850 and 51.855
through 51.860 shall apply for the federal action.

(e)  Notwithstanding any provision of this Section, a determination that
an action is in conformance with the applicable maintenance plan does
not exempt the action from any other requirement of the applicable
maintenance plan, the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.), or the federal Clean Air Act.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. April 1, 1995;

Amended Eff. July 1, 1998.

SECTION .1900 - OPEN BURNING

15A NCAC 02D .1901	OPEN BURNING: PURPOSE: SCOPE 

(a)  Open Burning Prohibited.  A person shall not cause, allow, or
permit open burning of combustible material except as allowed by Rule
.1903 and Rule .1904 of this Section. 

(b)  Purpose.  The purpose of this Section is to control air pollution
resulting from the open burning of combustible materials and to protect
the air quality in the immediate area of the open burning.

(c)  Scope.  This Section applies to all operations involving open
burning.  This Section does not authorize any open burning which is a
crime under G.S. 14-136 through G.S. 14-140.1, or affect the authority
of the Division of Forest Resources to issue or deny permits for open
burning in or adjacent to woodlands as provided in G.S. 113-60.21
through G.S. 113-60.31.  This Section does not affect the authority of
any local government to regulate open burning through its fire codes or
other ordinances.  The issuance of any open burning permit by the
Division of Forest Resources or any local government does not relieve
any person from the necessity of complying with this Section or any
other air quality rule.

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

Eff. July 1, 1996;

Amended Eff. July 1, 2007; June 1, 2004.

15A NCAC 02D .1902	DEFINITIONS

For the purpose of this Section, the following definitions apply:

(1)	"Air Curtain Burner" means a stationary or portable combustion
device that directs a plane of high velocity forced draft air through a
manifold head into a pit or container with vertical walls in such a
manner as to maintain a curtain of air over the surface of the pit and a
recirculating motion of air under the curtain.

(2)	"Air Quality Action Day Code 'Orange' or above" means an air quality
index greater than 100 as defined in 40 CFR Part 58, Appendix G.

(3)	"Air quality forecast area" means for 

(a)	Asheville air quality forecast area: Buncombe, Haywood, Henderson,
Jackson, Madison, Swain, Transylvania, and Yancey Counties;

(b)	Charlotte air quality forecast area: Cabarrus, Gaston, Iredell South
of Interstate 40, Lincoln, Mecklenburg, Rowan, and Union Counties;

(c)	Hickory air quality forecast area: Alexander, Burke, Caldwell, and
Catawba Counties;

(d)	Fayetteville air quality forecast area: Cumberland and Harnett
Counties;

(e)	Rocky Mount air quality forecast area: Edgecombe and Nash Counties;

(f)	Triad air quality forecast area: Alamance, Caswell, Davidson, Davie,
Forsyth, Guilford, Randolph, Rockingham, and Stokes Counties; and

(g)	Triangle air quality forecast area: Chatham, Durham, Franklin,
Granville, Johnston, Person, Orange, Vance, and Wake Counties.

(4)	"Smoke management plan" means the plan developed following the North
Carolina Division of Forest Resources' smoke management program and
approved by the North Carolina Division of Forest Resources. The purpose
of the smoke management plan is to manage smoke from prescribed burns of
public and private forests to minimize the impact of smoke on air
quality and visibility. 

(5)	"Dangerous materials" means explosives or containers used in the
holding or transporting of explosives.

(6)	"HHCB" means the Health Hazards Control Branch of the Division of
Epidemiology.

(7)	"Initiated" means start or ignite a fire or reignite or rekindle a
fire.

(8)	"Land clearing" means the uprooting or clearing of vegetation in
connection with construction for buildings; right-of-way maintenance;
agricultural, residential, commercial, institutional, or industrial
development; mining activities; or the initial clearing of vegetation to
enhance property value; but does not include routine maintenance or
property clean-up activities.

(9)	"Log" means any limb or trunk whose diameter exceeds six inches.

(10)	"Nonattainment area" means an area identified in 40 CFR 81.334 as
nonattainment.

(11)	"Nuisance" means causing physical irritation exacerbating a
documented medical condition, visibility impairment, or evidence of soot
or ash on property or structure other than the property on which the
burning is done.

(12)	"Occupied structure" means a building in which people may live or
work or one intended for housing farm or other domestic animals.

(13)	"Off-site" means any area not on the premises of the land-clearing
activities.

(14)	"Open burning" means the burning of any matter in such a manner
that the products of combustion resulting from the burning are emitted
directly into the atmosphere without passing through a stack, chimney,
or a permitted air pollution control device.

(15)	"Operator" as used in .1904(b)(6) and .1904(b)(2)(D) of this
Section, means the person in operational control over the open burning.

(16)	"Person" as used in 02D .1901(c), means:

(a)	the person in operational control over the open burning; or

(b)	the landowner or person in possession or control of the land when he
has directly or indirectly allowed the open burning or has benefited
from it.

(17)	"Pile" means a quantity of combustible material assembled together
in a mass. 

(18)	"Public pick-up" means the removal of refuse, yard trimmings,
limbs, or other plant material from a residence by a governmental
agency, private company contracted by a governmental agency or municipal
service.

(19)	"Public road" means any road that is part of the State highway
system; or any road, street, or right-of-way dedicated or maintained for
public use.

(20)	"RACM" means regulated asbestos containing material as defined in
40 CFR 61.142.

(21)	"Refuse" means any garbage, rubbish, or trade waste.

(22)	"Regional Office Supervisor" means the supervisor of personnel of
the Division of Air Quality in a regional office of the Department of
Environment and Natural Resources.

(23)	"Salvageable items" means any product or material that was first
discarded or damaged and then all, or part, was saved for future use,
and include insulated wire, electric motors, and electric transformers.

(24)	"Synthetic material" means man-made material, including tires,
asphalt materials such as shingles or asphaltic roofing materials,
construction materials, packaging for construction materials, wire,
electrical insulation, and treated or coated wood.

(25)	"Permanent site" means for an air curtain burner, a place where an
air curtain burner is operated for more than nine months.

History Note:	Authority G.S. 143-212; 143-213; 143-215.3(a)(1);

Eff. July 1, 1996;

Amended Eff. July 1, 2007; December 1, 2005; June 1, 2004; July 1, 1998.

.15A NCAC 02D .1903	OPEN BURNING WITHOUT AN AIR QUALITY PERMIT

(a)  All open burning is prohibited except open burning allowed under
Paragraph (b) of this Rule or Rule .1904 of this Section. Except as
allowed under Paragraphs (b)(3) through (b)(9) of this Rule, open
burning shall not be initiated in an air quality forecast area that the
Department, or the Forsyth County Environmental Affairs Department for
the Triad air quality forecast area, has forecasted to be in an Air
Quality Action Day Code "Orange" or above during the time period covered
by that forecast.

(b)  The following types of open burning are permissible without an air
quality permit:

(1)	open burning of leaves, tree branches or yard trimmings, excluding
logs and stumps, if the following conditions are met:

(A)	The material burned originates on the premises of private residences
and is burned on those premises;

(B)	There are no public pickup services available;

(C)	Non-vegetative materials, such as household garbage, lumber, or any
other synthetic materials are not burned;

(D)	The burning is initiated no earlier than 8:00 a.m. and no additional
combustible material is added to the fire between 6:00 p.m. on one day
and 8:00 a.m. on the following day;

(E)	The burning does not create a nuisance; and

(F)	Material is not burned when the Division of Forest Resources has
banned burning for that area.

(2)	open burning for land clearing or right-of-way maintenance if the
following conditions are met:

(A)	The wind direction at the time that the burning is initiated and the
wind direction as forecasted by the National Weather Service at the time
that the burning is initiated are away from any area, including public
roads within 250 feet of the burning as measured from the edge of the
pavement or other roadway surface, which may be affected by smoke, ash,
or other air pollutants from the burning;

(B)	The location of the burning is at least 1,000 feet from any
dwelling, group of dwellings, or commercial or institutional
establishment, or other occupied structure not located on the property
on which the burning is conducted. The regional office supervisor may
grant exceptions to the setback requirements if:

(i)	a signed, written statement waiving objections to the open burning
associated with the land clearing operation is obtained and submitted
to, and the exception granted by, the regional office supervisor before
the burning begins from a resident or an owner of each dwelling,
commercial or institutional establishment, or other occupied structure
within 1,000 feet of the open burning site. In the case of a lease or
rental agreement, the lessee or renter shall be the person from whom
permission shall be gained prior to any burning; or

(ii)	an air curtain burner that complies with Rule .1904 of this
Section, is utilized at the open burning site. 

Factors that the regional supervisor shall consider in deciding to grant
the exception include all the persons who need to sign the statement
waiving the objection have signed it, the location of the burn, and the
type, amount, and nature of the combustible substances. The regional
supervisor shall not grant a waiver if a college, school, licensed day
care, hospital, licensed rest home, or other similar institution is less
than 1000 feet from the proposed burn site when such institution is
occupied.

(C)	Only land cleared plant growth is burned. Heavy oils, asphaltic
materials such as shingles and other roofing materials, items containing
natural or synthetic rubber, or any materials other than plant growth
shall not be burned; however, kerosene, distillate oil, or diesel fuel
may be used to start the fire;

(D)	Initial burning begins only between the hours of 8:00 a.m. and 6:00
p.m., and no combustible material is added to the fire between 6:00 p.m.
on one day and 8:00 a.m. on the following day;

(E)	No fires are initiated or vegetation added to existing fires when
the Division of Forest Resources has banned burning for that area; and

(F)	Materials are not carried off-site or transported over public roads
for open burning unless the materials are carried off-site or
transported over public roads to facilities permitted according to Rule
.1904 of this Section for the operation of an air curtain burner at a
permanent site;

(3)	camp fires and fires used solely for outdoor cooking and other
recreational purposes, or for ceremonial occasions, or for human warmth
and comfort and which do not create a nuisance and do not use synthetic
materials or refuse or salvageable materials for fuel;

(4)	fires purposely set to public or private forest land for forest
management practices for which burning is acceptable to the Division of
Forest Resources and which follows the smoke management plan as outlined
in the Division of Forest Resources' smoke management program; 

(5)	fires purposely set to agricultural lands for disease and pest
control and fires set for other agricultural or apicultural practices
for which burning is currently acceptable to the Department of
Agriculture;

(6)	fires purposely set for wildlife management practices for which
burning is currently acceptable to the Wildlife Resource Commission;

(7)	fires for the disposal of dangerous materials when it is the safest
and most practical method of disposal;

(8)	fires purposely set by manufacturers of fire extinguishing materials
or equipment, testing laboratories, or other persons, for the purpose of
testing or developing these materials or equipment in accordance with a
standard qualification program;

(9)	fires purposely set for the instruction and training of
fire-fighting personnel at permanent fire-fighting training facilities;

(10)	fires purposely set for the instruction and training of
fire-fighting personnel when conducted under the supervision of or with
the cooperation of one or more of the following agencies:

(A)	the Division of Forest Resources;

(B)	the North Carolina Insurance Department;

(C)	North Carolina technical institutes; or

(D)	North Carolina community colleges, including:

(i)	the North Carolina Fire College; or

(ii)	the North Carolina Rescue College;

(11)	fires not described in Subparagraphs (9) or (10) of this Paragraph,
purposely set for the instruction and training of fire-fighting
personnel, provided that:

(A)	The regional office supervisor of the appropriate regional office
and the HHCB have been notified according to the procedures and
deadlines contained in the appropriate regional notification form. This
form may be obtained by writing the appropriate regional office at the
address in Rule .1905 of this Section and requesting it, and

(B)	The regional office supervisor has granted permission for the
burning. Factors that the regional office supervisor shall consider in
granting permission for the burning include type, amount, and nature of
combustible substances. The regional office supervisor shall not grant
permission for the burning of salvageable items, such as insulated wire
and electric motors or if the primary purpose of the fire is to dispose
of synthetic materials or refuse. The regional office supervisor of the
appropriate regional office shall not consider previously demolished
structures as having training value. However, the regional office
supervisor of the appropriate regional office may allow an exercise
involving the burning of motor vehicles burned over a period of time by
a training unit or by several related training units. Any deviations
from the dates and times of exercises, including additions,
postponements, and deletions, submitted in the schedule in the approved
plan shall be communicated verbally to the regional office supervisor of
the appropriate regional office at least one hour before the burn is
scheduled; and 

(12)	fires for the disposal of material generated as a result of a
natural disaster, such as tornado, hurricane, or flood, if the regional
office supervisor grants permission for the burning. The person desiring
to do the burning shall document and provide written notification to the
regional office supervisor of the appropriate regional office that there
is no other practical method of disposal of the waste. Factors that the
regional office supervisor shall consider in granting permission for the
burning include type, amount, location of the burning, and nature of
combustible substances. The regional office supervisor shall not grant
permission for the burning if the primary purpose of the fire is to
dispose of synthetic materials or refuse or recovery of salvageable
materials. Fires authorized under this Subparagraph shall comply with
the conditions of Subparagraph (b)(2) of this Rule.

(c)  The authority to conduct open burning under this Section does not
exempt or excuse any person from the consequences, damages or injuries
that may result from this conduct. It does not excuse or exempt any
person from complying with all applicable laws, ordinances, rules or
orders of any other governmental entity having jurisdiction even though
the open burning is conducted in compliance with this Section.

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

Eff. July 1, 1996;

Amended Eff. July 1, 2007; December 1, 2005; June 1, 2004; July 1, 1998.

15A NCAC 02D .1904	AIR CURTAIN BURNERS

(a)  Air quality permits are required for air curtain burners subject to
40 CFR 60.2245 through 60.2265, 60.2810 through 60.2870, 60.2970 through
60.2975, or 60.3062 through 60.3069 or located at permanent sites or
where materials are transported in from another site.  Air quality
permits are not required for air curtain burners located at temporary
land clearing or right-of-way maintenance sites for less than nine
months unless they are subject to 40 CFR 60.2245 through  60.2265,
60.2810 through 60.2870, 60.2970 through 60.2975, or 60.3062 through
60.3069.  The operation of air curtain burners in particulate and ozone
nonattainment areas shall cease in any area that has been forecasted by
the Department, or the Forsyth County Environmental Affairs Department
for the Triad air quality forecast area, to be in an Air Quality Action
Day Code "Orange" or above during the time period covered by that
forecast.

(b)  Air curtain burners shall comply with the following conditions and
stipulations: 

(1)	The wind direction at the time that the burning is initiated and the
wind direction as forecasted by the National Weather Service during the
time of the burning shall be away from any area, including public roads
within 250 feet of the burning as measured from the edge of the pavement
or other roadway surface, which may be affected by smoke, ash, or other
air pollutants from the burning;

(2)	Only collected land clearing and yard waste materials may be burned.
Heavy oils, asphaltic materials, items containing natural or synthetic
rubber, tires, grass clippings, collected leaves, paper products,
plastics, general trash, garbage, or any materials containing painted or
treated wood materials shall not be burned. Leaves still on trees or
brush may be burned;

(3)	No fires shall be started or material added to existing fires when
the Division of Forest Resources has banned burning for that area;

(4)	Burning shall be conducted only between the hours of 8:00 a.m. and
6:00 p.m.;

(5)	The air curtain burner shall not be operated more than the maximum
source operating hours-per-day and days-per-week.  The maximum source
operating hours-per-day and days-per-week shall be set to protect the
ambient air quality standard and prevention of significant deterioration
(PSD) increment for particulate.  The maximum source operating
hours-per-day and days-per-week shall be determined using the modeling
procedures in Rule .1106(b), (c), and (f) of this Subchapter.  This
Subparagraph shall not apply to temporary air curtain burners;

(6)	An air curtain burner with an air quality permit shall have onsite
at all times during operation of the burner a visible emissions reader
certified according to 40 CFR Part 60, Method 9 to read visible
emissions, and the facility shall test for visible emissions within five
days after initial operation and within 90 days before permit
expiration;

(7)	Air curtain burners shall meet manufacturer's specifications for
operation and upkeep to ensure complete burning of material charged into
the pit.  Manufacturer's specifications shall be kept on site and be
available for inspection by Division staff;

(8)	Except during start-up, visible emissions shall not exceed ten
percent opacity when averaged over a six-minute period except that one
six-minute period with an average opacity of more than ten percent but
no more than 35 percent shall be allowed for any one-hour period. 
During start-up, the visible emissions shall not exceed 35 percent
opacity when averaged over a six-minute period.  Start-up shall not last
for more than 45 minutes, and there shall be no more than one start-up
per day.  Instead of complying with the opacity standards in this
Subparagraph, air curtain burners subject to:

(A)	40 CFR 60.2245 through 60.2265 shall comply with the opacity
standards in 40 CFR 60.2250; 

(B)	40 CFR 60.2810 through 60.2870 shall comply with the opacity
standards in 40 CFR 60.2860;

(C)	40 CFR 60.2970 through 60.2975 shall comply with the opacity
standards in 40 CFR 60.2971; or 

(D)	40 CFR 60.3062 through 60.3069 shall comply with the opacity
standards in 40 CFR 60.3066;

(9)	The owner or operator of an air curtain burner shall not allow ash
to build up in the pit to a depth higher than one-third of the depth of
the pit or to the point where the ash begins to impede combustion,
whichever occurs first.  The owner or operator of an air curtain burner
shall allow the ashes to cool and water the ash prior to its removal to
prevent the ash from becoming airborne;

(10)	The owner or operator of an air curtain burner shall not load
material into the air curtain burner such that it will protrude above
the air curtain;

(11)	Only distillate oil, kerosene, diesel fuel, natural gas, or
liquefied petroleum gas may be used to start the fire; and

(12)	The location of the burning shall be at least 500 feet from any
dwelling, group of dwellings, or commercial or institutional
establishment, or other occupied structure not located on the property
on which the burning is conducted.  The regional office supervisor may
grant exceptions to the setback requirements if a signed, written
statement waiving objections to the air curtain burning is obtained from
a resident or an owner of each dwelling, commercial or institutional
establishment, or other occupied structure within 500 feet of the
burning site.  In case of a lease or rental agreement, the lessee or
renter, and the property owner shall sign the statement waiving
objections to the burning.  The statement shall be submitted to and
approved by the regional office supervisor before initiation of the
burn.  Factors that the regional supervisor shall consider in deciding
to grant the exception include: all the persons who need to sign the
statement waiving the objection have signed it; the location of the
burn; and the type, amount, and nature of the combustible substances.

Compliance with this Rule does not relieve any owner or operator of an
air curtain burner from the necessity of complying with other rules in
this Section or any other air quality rules.

(c)  Recordkeeping Requirements.  The owner or operator of an air
curtain burner at a permanent site shall keep a daily log of specific
materials burned and amounts of material burned in pounds per hour and
tons per year.  The logs at a permanent air curtain burner site shall be
maintained on site for a minimum of two years and shall be available at
all times for inspection by the Division of Air Quality.  The owner or
operator of an air curtain burner at a temporary site shall keep a log
of total number of tons burned per temporary site.  Additionally, the
owner or operator of air curtain burner subject to: 

(1)	40 CFR 60.2245 through 60.2265 shall comply with the monitoring,
recordkeeping, and reporting requirements in 40 CFR 60.2245 through
60.2265; 

(2)	40 CFR 60.2810 through 60.2870 shall comply with the monitoring,
recordkeeping, and reporting requirements in 40 CFR 60.2810 through
60.2870;

(3)	40 CFR 60.2970 through 60.2975 shall comply with the monitoring,
recordkeeping, and reporting requirements in 40 CFR 60.2970 through
60.2975; or 

(4)	40 CFR 60.3062 through 60.3069 shall comply with comply with the
monitoring, recordkeeping, and reporting requirements in 40 CFR 60.3062
through 60.3069.

(d)  Title V Considerations. Burners that have the potential to burn
8,100 tons of material or more per year may be subject to Section 15A
NCAC 2Q .0500, Title V Procedures.

(e)  Prevention of Significant Deterioration Consideration. Burners that
burn 16,200 tons per year or more may be subject to 15A NCAC 02D .0530,
Prevention of Significant Deterioration.

(f)  A person may use a burner using a different technology or method of
operation than an air curtain burner as defined under Rule .1902 of this
Section if he demonstrates to the Director that the burner is at least
as effective as an air curtain burner in reducing emissions and if the
Director approves the use of the burner.  The Director shall approve the
burner if he finds that it is at least as effective as an air curtain
burner.  This burner shall comply with all the requirements of this
Rule.

(g)  In addition to complying with the requirements of this Rule, an air
curtain burner subject to:

(1)	40 CFR Part 60, Subpart CCCC that commenced construction after
November 30, 1999, or that commenced reconstruction or modification on
or after June 1, 2001, shall also comply with 40 CFR 60.2245 through
60.2265, or 

(2)	40 CFR Part 60, Subpart EEEE that commenced construction after
December 9, 2004, or that commenced reconstruction or modification on or
after June 16, 2006, shall also comply with 40 CFR 60.2970 through
60.2975.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (10);
143-215.66; 143-215.108; 40 CFR 60.2865;

Eff. July 1, 1996;

Amended Eff. July 1, 2007; December 1, 2005; August 1, 2004.

15A NCAC 02D .1905	REGIONAL OFFICE LOCATIONS

Inquiries, requests and plans shall be handled by the appropriate
Department of Environment and Natural Resources regional offices. They
are:

(1)	Asheville Regional Office, 2090 Highway 70, Swannanoa, North
Carolina 28778 

(2)	Winston-Salem Regional Office, 585 Waughtown Street, Winston-Salem,
North Carolina 27107;

(3)	Mooresville Regional Office, 610 East Center Avenue, Suite 301,
Mooresville, North Carolina 28115;

(4)	Raleigh Regional Office, 3800 Barrett Drive, Raleigh, North Carolina
27611;

(5)	Fayetteville Regional Office, Systel Building, 225 Green Street,
Suite 714, Fayetteville, North Carolina 28301;

(6)	Washington Regional Office, 943 Washington Square Mall, Washington,
North Carolina 27889; and

(7)	Wilmington Regional Office, 127 Cardinal Drive Extension,
Wilmington, North Carolina 28405.

History Note:	Authority G.S. 143-215.3(a)(1);

Eff. July 1, 1996;

Amended Eff. December 1, 2005.

15A NCAC 02D .1906	DELEGATION TO COUNTY GOVERNMENTS

(a)  The governing body of any county or municipality or group of
counties or municipalities may establish a partial air pollution control
program to implement and enforce this Section provided that:

(1)	It has the administrative organization, staff, financial and other
resources necessary to carry out such a program;

(2)	It has adopted appropriate ordinances, resolutions, and regulations
to establish and maintain such a program; and

(3)	It has otherwise complied with G.S. 143-215.112 "Local Air Pollution
Control Programs."

(b)  The governing body shall submit to the Director documentation
demonstrating that the requirements of Paragraph (a) of this Rule have
been met. Within 90 days after receiving the submittal from the
governing body, the Director shall review the documentation to determine
if the requirements of Paragraph (a) of this Rule have been met and
shall present his findings to the Commission. If the Commission
determines that the air pollution program is adequate, it shall certify
the local air pollution program to implement and enforce this Section
within its area of jurisdiction.

(c)  County and municipal governments shall not have the authority to
issue permits for air curtain burners at a permanent site as defined in
15A NCAC 02D .1904.

(d)  The three certified local air pollution programs, the Western North
Carolina Regional Air Quality Control Agency, the Forsyth County
Environmental Affairs Department, and Mecklenburg County Air Quality, a
Division of Land Use and Environmental Services Agency, shall continue
to enforce open burning rules as part of their local air pollution
programs.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.112;

Eff. July 1, 1996;

Amended Eff. December 1, 2005; June 1, 2004.

15A NCAC 02D .1907	MULTIPLE VIOLATIONS ARISING FROM A SINGLE EPISODE

(a)  Multiple violations arising from a single episode of open burning
may result in multiple civil penalties.  Factors the Director shall
consider in determining the number of violations per episode of open
burning include:

(1)	the type of material burned,

(2)	the amount of material burned,

(3)	the location of the burn, and

(4)	any other factor relevant to air pollution control or air quality.

(b)  Each pile of land clearing or road maintenance debris that does not
comply with the specifications of 15A NCAC 02D .1903(b)(2) shall
constitute a separate violation.

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

Eff. July 1, 2007.

SECTION .2000 - TRANSPORTATION CONFORMITY

15A NCAC 02D .2001	PURPOSE, SCOPE AND APPLICABILITY

(a)  The purpose of this Section is to assure the conformity of
transportation plans, programs, and projects that are developed, funded,
or approved by the United States Department of Transportation and by
metropolitan planning organizations or other recipients of funds under
Title 23 U.S.C. or the Federal Transit Act (49 U.S.C. 1601 et seq.), or
State or Local only sources of funds, with all plans required of areas
designated as nonattainment or maintenance under 40 CFR 81.334 or listed
in Paragraph (b), (c), or (d) of this Rule.

(b)  This Section applies to the emissions of volatile organic compounds
and nitrogen oxides in the following areas:

(1)	Davidson County,

(2)	Durham County,

(3)	Forsyth County,

(4)	Gaston County,

(5)	Guilford County,

(6)	Mecklenburg County,

(7)	Wake County,

(8)	Dutchville Township in Granville County, and

(9)	that part of Davie County bounded by the Yadkin River, Dutchmans
Creek, North Carolina Highway 801, Fulton Creek, and back to the Yadkin
River.

(c)  This Section applies to the emissions of carbon monoxide in the
following areas:

(1)	Durham County,

(2)	Forsyth County,

(3)	Mecklenburg County, and

(4)	Wake County.

(d)  This Section applies to the emissions of:

(1)	particulate matter in areas identified in 40 CFR 81.334 as
nonattainment for fine particulate (PM2.5), or 

(2)	volatile organic compounds or nitrogen oxides in areas identified in
40 CFR 81.334 as nonattainment for ozone.

(e)  This Section applies to FHWA/FTA projects or regionally significant
State or local projects.  For FHWA/FTA projects or regionally
significant State or local projects in the areas identified in Paragraph
(b), (c), or (d) of this Rule and for the pollutants identified in
Paragraph (b), (c), or (d) of this Rule, this Section applies to:

(1)	the adoption, acceptance, approval, or support of transportation
plans and transportation plan amendments developed pursuant to 23 CFR
Part 450 or 49 CFR Part 613 by a metropolitan planning organization or
the United States Department of Transportation;

(2)	the adoption, acceptance, approval, or support of transportation
improvement programs or amendments to transportation improvement
programs pursuant to 23 CFR Part 450 or 49 CFR Part 613 by a
metropolitan planning organization or the United States Department of
Transportation; or

(3)	the approval, funding, or implementation of FHWA/FTA projects.

Conformity determinations are not required under this Section for
individual projects that are not FHWA/FTA projects.  However, 40 CFR
93.121 shall apply to these projects if they are regionally significant
projects.

(f)  This Section applies to maintenance areas for 20 years from the
date the Environment Protection Agency approves the area's request under
Section 107(d) of the Clean Air Act for redesignation to attainment.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. April 1, 1999;

Amended Eff. December 1, 2005.

15A NCAC 02D .2002	DEFINITIONS

For the purposes of this Section, the definitions contained in 40 CFR
93.101 and the following definitions apply:

(1)	"Consultation" means that one party confers with another identified
party, provides all information necessary to that party needed for
meaningful input, and considers and responds to the views of that party
in a timely, substantive written manner prior to any final decision.

(2)	"Regionally significant project" means a transportation project
(other than an exempt project under 40 CFR 93.126) that is on a facility
that serves regional transportation needs (such as access to and from
the area outside of the region, major activity centers in the region,
major planned developments such as new retail malls and sports
complexes, or transportation terminals as well as most terminals
themselves) and would normally be included in the modeling of a
metropolitan area's transportation network, including at a minimum all
principal arterial highways and all fixed guide way transit facilities
that offer an alternative to regional highway travel.

(3)	"Regionally significant State or local project" means any highway or
transit project that is a regionally significant project and that is
proposed to receive only funding assistance (receives no federal
funding) or approval through the State or any local program.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. April 1, 1999.

15A NCAC 02D .2003	TRANSPORTATION CONFORMITY DETERMINATION

(a)  Conformity analyses, determinations, and redeterminations for
transportation plans, transportation improvement programs, FHWA/FTA
projects, and State or local regionally significant projects shall be
made according to the requirements of 40 CFR 93.104 and shall comply
with the applicable requirements of 40 CFR 93.119, 93.120, 93.124,
93.125, and 93.126.  For the purposes of this Rule, regionally
significant State or local projects shall be subject to the same
requirements under 40 CFR Part 93 as FHWA/FTA projects except that State
Environmental Policy Act procedures and requirements shall be
substituted for National Environmental Policy Act procedures and
requirements.  Regionally significant State or local projects subject to
this Section for which the State Environmental Policy Act process and a
conformity determination have been completed may proceed toward
implementation without further conformity determination unless more than
three years have elapsed since the most recent major step (State
Environmental Policy Act process completion, start of final design,
acquisition of a significant portion of the right-of-way, or approval of
the plans, specifications, and estimates) occurred.  All phases of these
projects considered in the conformity determination are also included if
these phases were for the purpose of funding final design, right-of-way
acquisition, construction, or any combination of these phases.

(b)  Before making a conformity determination, the metropolitan planning
organizations, local transportation departments, North Carolina
Department of Transportation, United States Department of
Transportation, the Division of Air Quality, local air pollution control
agencies, and United States Environmental Protection Agency shall
consult with each other on matters described in 15A NCAC 2D .2005. 
Consultation shall begin as early as possible in the development of the
emissions analysis used to support a conformity determination.  The
agency that performs the emissions analysis shall make the analysis
available to the Division of Air Quality and at least 21 days shall be
allowed for review and comment on the emissions analysis.  The 21-day
review period shall begin upon receipt of the analysis by the Director
of the Division of Air Quality.  After review by the Division of Air
Quality the approving agency shall seek public comments in accordance
with its public participation policy.  The agency making the conformity
determination shall address all written comments received prior to close
of the public comment period, and these comments and responses thereto
shall be included in the final document.  If the Division of Air Quality
disagrees with the resolution of its comments, the conflict may be
escalated to the Governor within 14 days and shall be resolved in
accordance with 40 CFR 93.105(d).  The 14-day appeal period shall begin
upon receipt by the Director of the Division of Air Quality of the
metropolitan planning organization's resolution that determines
conformity.

(c)  The agency that performs the conformity analysis shall notify the
Division of Air Quality of:

(1)	any changes in planning or analysis assumptions [including land use
and vehicle miles traveled (VMT) forecasts], and

(2)	any revisions to transportation plans or transportation improvement
plans that add, delete, or change projects that require a new emissions
analysis (including design scope and dates that change the
transportation network existing in a horizon year).

Comments made by the Division of Air Quality and responses thereto made
by the agency shall become part of the final planning document.

(d)  Transportation plans shall satisfy the requirements of 40 CFR
93.106.  Transportation plans and transportation improvement programs
shall satisfy the fiscal constraints specified in 40 CFR 93.108. 
Transportation plans, programs, and FHWA/FTA projects shall satisfy the
applicable requirements of 40 CFR 93.109 through 93.118.

(e)  Written commitments to implement control measures that are not
included in the transportation plan and transportation improvement
program (TIP) shall be obtained before a conformity determination and
these commitments shall be fulfilled.  Written commitments to implement
mitigation measures shall be obtained before a positive conformity
determination, and project sponsors shall comply with these commitments.

(f)  A recipient of federal funds designated under Title 23 U.S.C. or
the Federal Transit Act shall not adopt or approve a regionally
significant highway or transit project, regardless of funding source,
unless the requirements of 40 CFR Part 93 are fully complied with.

(g)  The degree of specificity required in a transportation plan and the
specific travel network assumed for air quality modeling shall not
preclude the consideration of alternatives in the National Environmental
Policy Act of 1969 process, in accordance with 40 CFR 93.107.

(h)  When assisting or approving any action with air quality-related
consequence, the Federal Highway Administration and the Federal Transit
Administration of the Department of Transportation shall give priority
to the implementation of those transportation portions of an applicable
implementation plan prepared to attain and maintain the national ambient
air quality standards as provided under 40 CFR 93.103.  This priority
shall be consistent with statutory requirements for allocation of funds
among states or other jurisdictions.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. April 1, 1999.

15A NCAC 02D .2004	DETERMINING TRANSPORTATION-RELATED EMISSIONS

(a)  The procedures in 40 CFR 93.122 shall be used to determine regional
transportation-related emissions.

(b)  The procedures in 40 CFR 93.123 shall be used to determine
localized carbon monoxide concentrations (hot-spot analysis).

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. April 1, 1999.

15A NCAC 02D .2005	MEMORANDUM OF AGREEMENT

(a)  The Division of Air Quality shall develop and maintain a memorandum
of agreement with the North Carolina Department of Transportation, the
metropolitan planning organizations of the areas identified in Rule
.2001(b), (c),  or (d) of this Section, and the United States Department
of Transportation to describe the participation and responsibilities of
each of these agencies in implementing the requirements of this Section
and 40 CFR Part 93.  For those areas identified in Rule .2001(b), (c),
or (d) of this Section for which there is no metropolitan planning
organization, the North Carolina Department of Transportation shall
represent those areas for the purposes of the memorandum of agreement. 
The memorandum of agreement shall include:

(1)	consultation procedures described under 40 CFR 93.105;

(2)	the projected time allotted for each agency to review and comment on
or to respond to comments on transportation improvement programs,
transportation plans, and transportation projects; and

(3)	consultation procedures for the development of State Implementation
Plans that relate to transportation.

The contents of the Memorandum of Agreement shall comply with the
criteria and procedures in the federal Clean Air Act Section 176(c) [42
U.S.C. 7401-7671q] and 40 CFR Part 51, Subpart T, 40 CFR Part 93,
Subpart A, and Rules .2001 through .2004 of this Section.

(b)  No recipient of federal funds (as defined at 40 CFR 93.101)
designated under Title 23 U.S.C. or the Federal Transit Act shall adopt
or approve or take any action to develop or implement a regionally
significant highway or transit project unless such recipient has signed
the Memorandum of Agreement established under this Rule. This Memorandum
of Agreement shall bind the recipient to adhere to the conformity
criteria and procedures of this Section.

(c)  No agency shall adopt or approve or take any action to implement or
develop any transportation plan, transportation improvement program, or
federally funded or approved FHWA/FTA highway or transit project unless
the agency has signed the Memorandum of Agreement established under this
Rule.  This Memorandum of Agreement shall bind the recipient to adhere
to the conformity criteria and procedures of this Section.

(d)  Each federal agency that participates in determinations of
conformity to state and federal implementation plans shall sign the
Memorandum of Agreement established under this Rule.  This Memorandum of
Agreement shall bind the recipient to adhere to the conformity criteria
and procedures of this Section.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. April 1, 1999.

SECTION .2100 – RISK MANAGEMENT PROGRAM

15A NCAC 02D .2101	APPLICABILITY

(a)  This Section applies to any facility that has more than a threshold
quantity of a regulated substance listed in 40 CFR 68.130 in a process
as determined under 40 CFR 68.115, except for those exemptions listed in
Paragraph (b) of this Rule.  The facility shall comply with this Section
no later than the latest of the following dates: 

(1)	July 1, 2000 [NOTE: Before the effective date of the rules in this
Section, the U. S. Environmental Protection Agency is the implementing
agency of 40 CFR Part 68. Under 40 CFR 68.10(a)(1) the facility is
required to comply by June 21, 1999.];

(2)	three years after the date on which a regulated substance is first
listed under 40 CFR 68.130; or

(3)	the date on which a regulated substance is first present above a
threshold quantity in a process.

(b)  The following substances are exempt from the provisions of this
Section:

(1)	exemptions listed in 40 CFR 68.125, and

(2)	flammable substances that are used as a fuel or held for sale as a
fuel at a retail facility.

(c)  A covered process that meets all the requirements of 40 CFR
68.10(b) is eligible for Program 1 requirements.

(d)  A covered process that meets the requirements of 40 CFR 68.10(c) is
subject to Program 2 requirements.

(e)  A covered process that meets the requirements of 40 CFR 68.10(d) is
subject to Program 3 requirements.

(f)  If at any time a covered process no longer meets the eligibility
criteria of its Program level, the owner or operator of the facility
shall comply with the requirements of the new Program level that applies
to the process and update the risk management plan as provided in 40 CFR
68.190.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. July 1, 2000.

15A NCAC 02D .2102	DEFINITIONS

For the purpose of this Section the definitions contained in 40 CFR 68.3
shall apply with the following exception: "Implementing agency" means
the Division of Air Quality. 

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. July 1, 2000.

15A NCAC 02D .2103	REQUIREMENTS

Except as provided in 40 CFR 68.2 and 15A NCAC 02D .2101(b), the owner
or operator of any facility covered under this Section shall comply with
all the applicable requirements in:

(1)	40 CFR 68.12, General Requirements;

(2)	40 CFR 68.15, Management;

(3)	40 CFR Part 68, Subpart B, Hazard Assessment, including 40 CFR Part
68, Appendix A, Table of Toxic Endpoints;

(4)	40 CFR Part 68, Subpart C, Program 2 Prevention Program;

(5)	40 CFR Part 68, Subpart D, Program 3 Prevention Program;

(6)	40 CFR Part 68, Subpart E, Emergency Response;

(7)	40 CFR Part 68, Subpart G, Risk Management Plan; 

(8)	40 CFR 68.200, Recordkeeping; and

(9)	40 CFR 68.220(f).

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. July 1, 2000.

15A NCAC 02D .2104	IMPLEMENTATION

(a)  The owner or operator of each facility covered under this Section
shall:

(1)	submit a risk management plan or a revised plan when required by
this Section to the Environmental Protection Agency; and

(2)	submit a source certification or, in its absence, submit a
compliance schedule consistent with 15A NCAC 2Q .0508(g)(2).

(b)  The Division may initiate enforcement action against any facility
that fails to comply with the requirements of this Section or any
provision of its plan submitted pursuant to this Section.

(c)  The Division may conduct completeness checks, source audits, record
reviews, or facility inspections to ensure that facilities covered under
this Section are in compliance with the requirements of this Section. 
In addition, the Division may conduct periodic audits following the
audit procedures of 40 CFR 68.220.  The Division may take enforcement
action if the owner or operator fails to comply with the provisions of
40 CFR 68.220.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. July 1, 2000.

SECTION .2200 – SPECIAL ORDERS

15A NCAC 02D .2201	PURPOSE

The purpose of this Section is to implement the provisions of G.S.
143-215.110 pertaining to the issuance of air quality Special Orders by
the Environmental Management Commission.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.110;

Eff. April 1, 2004.

15a ncac 02d .2202	DEFINITIONS

For the purposes of this Section, the following definitions apply:

(1)	"Special Order" means a directive of the Commission to any person
whom it finds responsible for causing or contributing to any pollution
of the air of the State.  The term includes all orders or instruments
issued by the Commission pursuant to G.S. 143-215.110.

(2)	"Consent Order" means a Special Order into which the Commission
enters with the consent of the person who is subject to the order.

(3)	"Special Order by Consent" means "Consent Order."

History Note:	Authority G.S. 143-212; 143-213; 143-215.3(a)(1);
143-215.110;

Eff. April 1, 2004.

15A NCAC 02D .2203	PUBLIC NOTICE

(a)  The requirements of this Rule for public notice and public hearing
apply to Consent Orders. The Commission may specify other conditions for
Special Orders issued without consent if it finds such conditions are
necessary to achieve or demonstrate compliance with a requirement under
this Subchapter or 15A NCAC 02Q.

(b)  Notice of proposed Consent Order:

(1)	The Director shall give notice pursuant to G.S. 143-215.110(a1).

(2)	The notice shall include at least the following:

(A)	name, address, and telephone number of the Division;

(B)	name and address of the person to whom the proposed order is
directed;

(C)	a brief summary of the conditions of the proposed order including
the period of time in which action shall be taken to achieve compliance
and the major permit conditions or emission standards that the source
will be allowed to exceed during the pendency of the order;

(D)	a brief description of the procedures to be followed by the
Commission or Director in reaching a final decision on the proposed
order, which shall include descriptions of the process for submitting
comments and requesting a public hearing.  The description shall specify
that comments and requests for a public hearing are to be received by
the Division within 30 days following the date of public notice; and

(E)	a description of the information available for public review, where
it can be found, and procedures for obtaining copies of pertinent
documents.

(c)  Notice of public hearing for proposed Consent Order:

(1)	The Director shall consider all requests for a public hearing, and
if he determines significant public interest for a public hearing
exists, then he shall hold a public hearing.

(2)	The Director shall give notice of the public hearing at least 30
days before the hearing.

(3)	The notice shall be advertised in a local newspaper and provided to
those persons specified in G.S. 143-215.110(a1)(2) for air quality
special orders.

(4)	The notice shall include the information specified in Subparagraph
(b)(2) of this Rule. It shall also state the time and location for the
hearing along with procedures for providing comment.

(5)	The Chairman of the Commission or the Director shall appoint one or
more hearing officers to preside over the public hearing and to receive
written and oral comments. The hearing officer shall provide the
Commission a written report of the hearing, which shall include:

(A)	a copy of the public notice published in the newspaper;

(B)	a copy of all the written comments and supporting documentation
received;

(C)	a summary of all the oral comments received; 

(D)	recommendations of the hearing officer to the Commission; and

(E)	a proposed Consent Order for the Commission's consideration.

(d)  Any person may request to receive copies of all notices required by
this Rule, and the Director shall mail copies of notices to those who
have submitted a request.

(e)  The Director may satisfy the requirements in Paragraphs (b) and (c)
of this Rule by issuing a notice that complies with both Paragraphs. 

(f)  Any Consent Order may be amended by the Director to incorporate
minor modifications, such as modification of standard conditions to
reflect updated versions, correction of typographical errors, or interim
date extensions, in a consent order without public notice provided that
the modifications do not extend the final compliance date by more than
four months.

History Note:	Authority G.S. 143-215.2; 143-215.3(a)(1);
143-215.3(a)(3); 143-215.3(a)(4); 143-215.110;

Eff. April 1, 2004.

15A NCAC 02D .2204	FINAL ACTION ON cONSENT ORDERS 

(a)  The Director shall take final action for the Commission on Consent
Orders for which a public hearing has not been held as provided in Rule
.2203 of this Section. The final action on the proposed order shall be
taken no later than 60 days following publication of the notice.

(b)  The Commission shall take final action on Consent Orders for which
a public hearing has been held as provided in Rule .2203 of this
Section. The final action on the proposed order shall be taken no later
than 90 days following the hearing.

History Note:	Authority G.S. 143-215.2; 143-215.3(a)(1);
143-215.3(a)(4); 143-215.110;

Eff. April 1, 2004.

15A NCAC 02D .2205	NOTIFICATION OF RIGHT TO CONTEST SPECIAL ORDERS
ISSUED WITHOUT CONSENT

For any Special Orders other than Consent Orders, the Commission shall
notify the person subject to the order of the procedure set out in G.S.
150B-23 to contest the Special Order.

History Note:	Authority G.S. 143-215.2(b); 143-215.3(a)(1);
143-215.110(b);

Eff. April 1, 2004.

SECTION .2300 – BANKING EMISSION REDUCTION CREDITS

15A NCAC 02D .2301	PURPOSE

This Section provides for the creation, banking, transfer, and use of
emission reduction credits for:

(1)	nitrogen oxides (NOx), 

(2)	volatile organic compounds (VOC), 

(3)	sulfur dioxide (SO2), 

(4)	fine particulate (PM2.5), and

(5)	ammonia (NH3)

for offsets under 15A NCAC 02D .0531, Sources in Nonattainment Area.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2302	DEFINITIONS

For the purposes of this Section, the following definitions shall apply:

(1)	"Air permit" means a construction and operation permit issued under
15A NCAC 02Q .0300, Construction and Operation Permits, or .0500, Title
V Procedures.

(2)	"Banking" means a system for recording emission reduction credits so
that they may be used or transferred in the future.

(3)	"Enforceable" means enforceable by the Division. Methods for
ensuring that emission reduction credits are enforceable include
conditions in air permits issued.

(4)	"Federally designated ozone nonattainment area in North Carolina"
means an area designated as nonattainment for ozone and described in 40
CFR 81.334.

(5)	"Federally designated fine particulate (PM2.5) nonattainment area in
North Carolina" means an area designated as nonattainment for fine
particulate (PM2.5) and described in 40 CFR 81.334.

(6)	"Netting Demonstration" means the act of calculating a "net
emissions increase" under the preconstruction review requirements of
Title I, Part D of the Federal Clean Air Act and the regulations
promulgated there under in 15A NCAC 02D .0530, Prevention of Significant
Deterioration, or .0531, Sources in Nonattainment Area.

(7)	"Permanent means assured for the life of the corresponding emission
reduction credit through an enforceable mechanism such as a permit
condition or revocation.

(8)	"Quantifiable" means that the amount, rate, and characteristics of
the emission reduction credit can be estimated through a reliable,
reproducible method.

(9)	"Real" means a reduction in actual emissions emitted into the air.

(10)	"Surplus" means not required by any local, State, or federal law,
rule, order, or requirement and in excess of reductions used by the
Division in issuing any air permit, in excess of any conditions in an
air permit to avoid an otherwise applicable requirement, or to
demonstrate attainment of ambient air quality standards in 15A NCAC 02D
.0400 or reasonable further progress towards achieving attainment of
ambient air quality standards. For the purpose of determining the amount
of surplus emission reductions, any seasonal emission limitation or
standard shall be assumed to apply throughout the year. The following
are not considered surplus:

(a)	emission reductions that have previously been used to avoid 15A NCAC
02D .0530 or .0531 (new source review) through a netting demonstration;

(b)	Emission reductions in hazardous air pollutants listed pursuant to
Section 112(b) of the federal Clean Air Act to the extent needed to
comply with 15A NCAC 02D .1109, .1111, or .1112; however, emission
reductions in hazardous air pollutants that are also volatile organic
compounds beyond that necessary to comply with 15A NCAC 02D .1109,
.1111, or .1112 are surplus; or

(c)	emission reductions used to offset excess emissions from another
source as part of an alternative mix of controls ("bubble")
demonstration under 15A NCAC 02D .0501.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2303	APPLICABILITY AND ELIGIBILITY

(a)  Applicability.  Any facility that has the potential to emit
nitrogen oxides, volatile organic compounds, sulfur dioxide, ammonia, or
fine particulate (PM2.5) in amounts greater than 25 tons per year and
that is in a federally designated ozone or fine particulate (PM2.5)
nonattainment area in North Carolina is eligible to create and bank
nitrogen oxides, volatile organic compounds, sulfur dioxide, ammonia, or
fine particulate (PM2.5) emission reduction credits.

(b)  Eligibility of emission reductions.

(1)	To be approved by the Director as an emission reduction credit, a
reduction in emissions shall be real, permanent, quantifiable,
enforceable, and surplus and shall have occurred: 

(A)	for ozone after December 31, 2002 for the Charlotte-Gastonia-Rock
Hill, NC-SC nonattainment area, the Raleigh-Durham-Chapel Hill
nonattainment area, the Rocky Mount nonattainment area, and the Haywood
and Swain Counties (Great Smoky Mountains National Park) nonattainment
area, and after December 31, 2000 for all other nonattainment areas.

(B)	for fine particulate (PM2.5) after December 31, 2002 for the
Greensboro-Winston-Salem-High Point, NC and Hickory-Morganton-Lenoir, NC
nonattainment areas.

(2)	To be eligible for consideration as emission reduction credits,
emission reductions may be created by any of the following methods:

(A)	installation of control equipment beyond what is necessary to comply
with existing rules;

(B)	a change in process inputs, formulations, products or product mix,
fuels, or raw materials;

(C)	a reduction in actual emission rate;

(D)	a reduction in operating hours;

(E)	production curtailment or reduction in throughput;

(F)	shutdown of emitting sources or facilities; or

(G)	any other enforceable method that the Director finds resulting in
real, permanent, quantifiable, enforceable, and surplus reduction of
emissions.

(c)  Ineligible for emission reduction credit. Emission reductions from
the following are not eligible to be banked as emission reduction
credits:

(1)	sources covered under a special order or variance until compliance
with the emission standards that are the subject of the special order or
variance is achieved;

(2)	sources that have operated less than 24 months;

(3)	emission allocations and allowances used in the budget trading
program under 15A NCAC 02D .1419 or .2408; 

(4)	emission reductions outside North Carolina; or

(5)	mobile sources.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005;

Amended Eff. July 1, 2007. 

15A NCAC 02D .2304	QUALIFICATION OF EMISSION REDUCTION CREDITS

For purposes of calculating the amount of emission reduction that can be
quantified as an emission reduction credit, the following procedures
shall be followed:

(1)	The source's average actual annual emissions before the emission
reduction shall be calculated in tons per year. In calculating average
actual annual emissions before the emission reduction, data from the
24-month period immediately preceding the reduction in emissions shall
be used. The Director may allow the use of a different time period, not
to exceed seven years immediately preceding the reduction in emissions
if the owner or operator of the source documents that such period is
more representative of normal source operation.

(2)	The emission reduction credit generated by the emission reduction
shall be calculated by subtracting the allowable annual emissions rate
following the reduction from the average actual annual emissions prior
to the reduction.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2305	CREATING AND BANKING EMISSION REDUCTION CREDITS

(a)  The owner or operator of a source seeking to create and bank
emission reduction credits shall submit over the signature of the
responsible official for a Title V facility or the official identified
in 15A NCAC 02Q .0304(j) for a non-Title V facility the following
information, which may be on an application form provided by the
Division:

(1)	the company name, contact person and telephone number, and street
address of the source seeking the emission reduction credit;

(2)	a description of the type of source where the proposed emission
reduction occurred or will occur;

(3)	a detailed description of the method or methods to be employed to
create the emission reduction;

(4)	the date that the emission reduction occurred or will occur;

(5)	quantification of the emission reduction credit as described under
Rule .2304 of this Section;

(6)	the proposed method for ensuring the reductions are permanent and
enforceable, including any necessary application to amend the facility's
air permit or, for a shutdown of an entire facility, a request for
permit rescission; 

(7)	whether any portion of the reduction in emissions to be used to
create the emission reduction credit has previously been used to avoid
15A NCAC 02D .0530 (prevention of significant deterioration) or .0531
(nonattainment major new source review) through a netting demonstration;

(8)	any other information necessary to demonstrate that the reduction in
emissions is real, permanent, quantifiable, enforceable, and surplus;
and

(9)	a complete permit application if the permit needs to be modified to
create or enforce the emission reduction credit.

(b)  If the Director finds that 

(1)	all the information required to be submitted under Paragraph (a) of
this Rule has been submitted;

(2)	the source is eligible under Rule .2303 of this Section;

(3)	a complete permit application has been submitted, if necessary, to
implement the reduction in emissions; and

(4)	the reduction in emissions is real, permanent, quantifiable,
enforceable, and surplus; the Director shall issue the source a
certificate of emission reduction credit once the facility's permit is
modified, if necessary, to reflect permanently the reduction in
emissions. The Director shall register the emission reduction credit for
use only after the reduction has occurred. 

(c)  Processing schedule.

(1)	The Division shall send written acknowledgement of receipt of the
request to create and bank emission credits within 10 days of receipt of
the request.

(2)	The Division shall review all request to create and bank emission
credits within 30 days to determine whether the application is complete
or incomplete for processing purposes. If the application is incomplete
the Division shall notify the applicant of the deficiency. The applicant
shall have 90 days to submit the requested information. If the applicant
fails to provide the requested information within 90 days, the Division
shall return the application.

(3)	The Director shall either approve or disapprove the request within
90 days after receipt of a complete application requesting the banking
of emission reduction credits. Upon approval the Director shall issue a
certificate of emission reduction credit.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2306	DURATION OF EMISSION REDUCTION CREDITS

Banked emission reduction credits are permanent until withdrawn by the
owner or until withdrawn by the Director under Rule .2310 of this
Section.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2307	USE OF EMISSION REDUCTION CREDITS

(a)  Persons holding emission reduction credits may withdraw the
emission reduction credits and may use them in any manner consistent
with this Section. 

(b)  An emission reduction credit may be withdrawn only by the owner of
record or by the Director under Rule .2310 of this Section and may be
withdrawn in whole or in part. In the case of a partial withdrawal, the
Director shall issue a revised certificate of emission reduction credit
to the owner of record reflecting the new amount of the credit and shall
revoke the original certificate.

(c)  Emission reduction credits may be used for the following purposes:

(1)	as offsets or netting demonstrations required by 15A NCAC 02D .0531
for a major new source of:

(A)	nitrogen oxides or volatile organic compounds in a federally
designated ozone nonattainment area, or 

(B)	fine particulate (PM2.5) in a federally designated PM2.5
nonattainment area;

(2)	as offsets or netting demonstrations required by 15A NCAC 02D .0531
for a major modification to an existing major source of:

(A)	nitrogen oxides or volatile organic compounds in a federally
designated ozone nonattainment area, or

(B)	fine particulate (PM2.5) in a federally designated PM2.5
nonattainment area;

(3)	as part of a netting demonstration required by 15A NCAC 02D .0530
when the source using the emission reduction credits is the same source
that created and banked the emission reduction credits; or

(4)	to remove a permit condition that created an emission reduction
credit.

(d)  Emission reduction credits generated through reducing emissions of
one pollutant shall not be used for trading with or offsetting of
another pollutant, for example emission reduction credits for volatile
organic compounds in an ozone nonattainment area shall not be used to
offset nitrogen oxide emissions.

(e)  Limitations on use of emission reduction credits. 

(1)	Emission reduction credits shall not be used to exempt a source
from:

(A)	prevention of significant deterioration requirements (15A NCAC 02D
.0530) for netting demonstrations unless the emission reduction credits
have been banked by the facility at which the new or modified source is
located and have been banked during the period specified in 15A NCAC 02D
.0530. This Subparagraph does not preclude the use of emission
reductions not banked as emission credits to complete netting
demonstrations.

(B)	nonattainment major new source review (15A NCAC 02D .0531) unless
the emission reduction credits have been banked by the facility at which
the new or modified source is located and have been banked during the
period specified in 15A NCAC 02D .0531. This Subparagraph does not
preclude the use of emission reductions not banked as emission credits
to complete netting demonstrations.

(C)	new source performance standards (15A NCAC 02D .0524), national
emission standards for hazardous air pollutants (15A NCAC 02D .1110), or
maximum achievable control technology (15A NCAC 02D .1109, .1111, or
.1112); or

(D)	any other requirement of Subchapter 15A NCAC 02D unless the emission
reduction credits have been banked by the facility at which the new or
modified source is located.

(2)	Emission reduction credits shall not be used to allow a source to
emit above the limit established by a rule in Subchapter 15A NCAC 02D.
(If the owner or operator wants to permit a source to emit above the
limit established by a rule in Subchapter 15A NCAC 02D, he needs to
follow the procedures in 15A NCAC 02D .0501 for an alternative mix of
controls ["bubble"].)

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2308	CERTIFICATES AND REGISTRY

(a)  Certificates of emission reduction credit issued by the Director
shall contain the following information:

(1)	the pollutant reduced (nitrogen oxides, volatile organic compounds,
sulfur dioxide, ammonia, fine particulate);

(2)	the amount of the credit in tons per year;

(3)	the date the reduction occurred;

(4)	company name, the street address and county of the source where the
reduction occurred; and

(5)	the date of issuance of the certificate.

(b)  The Division shall maintain an emission reduction credit registry
that constitutes the official record of all certificates of emission
reduction credit issued and all withdrawals made. The registry shall be
available for public review. For each certificate issued, the registry
shall show the amount of the emission reduction credit, the pollutant
reduced, the name and location of the facility generating the emission
reduction credit, and the facility contact person. The Division shall
maintain records of all deposits, deposit applications, withdrawals, and
transactions.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2309	TRANSFERRING EMISSION REDUCTION CREDITS

(a)  If the owner of a certificate of emission reduction credit
transfers the certificate to a new owner, the Director shall issue a
certificate of emission reduction credit to the new owner and shall
revoke the certificate held by the current owner of record. 

(b)  If the owner of a certificate of emission reduction credit
transfers part of the emission reduction credits represented by the
certificate to a new owner, the Director shall issue a certificate of
emission reduction credit to the new owner reflecting the transferred
amount and shall issue a certificate of emission reduction credit to the
current owner of record reflecting the amount of emission reduction
credit remaining after the transfer. The Director shall revoke the
original certificate of emission reduction credit.

(c)  For any transferred emission reduction credits, the creator of the
emission reduction credit shall continue to have enforceable conditions
in the appropriate permit to assure permanency of the emission reduction
and shall be held liable for compliance with those conditions; the user
of any transferred emission reduction credits shall not be held liable
for any failure of the creator to comply with its permit.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2310	REVOCATION and changes OF EMISSION REDUCTION CREDITS

(a)  The Director may withdraw emission reduction credits if the
emission reduction credits

(1)	have already been used;

(2)	are incorrectly calculated; or

(3)	achieved are less than those claimed.

(b)  If a banked emission reduction credit were calculated using an
emission factor and the emission factor changes, the Director shall
revise the banked emission reduction credit to reflect the change in the
emission factor.  If a banked emission reduction credit had been used,
then no change shall be made in the use credit.

(c)  When a rule is adopted or amended in this Subchapter or Subchapter
15A NCAC 02Q after November 1, 2005, the Director shall adjust the
banked emission reduction credits to account for changes in emissions
that would be allowed under the new emission limitation with which the
source must currently comply if it is still operating.  If a source has
permanently ceased operations, then the Director shall make no
adjustments in its banked emissions reduction credits.  If a banked
emission reduction credit has been used, no change shall be made in the
used credit.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2311	MONITORING

The Director shall require the owner or operator of a source whose
emissions are being reduced to create an emission reduction credit to
verify the reduction in emissions with a source test, continuous
emission monitoring, or other methods that measure the actual emissions
or may require the use of parametric monitoring to show that the source
or its control device is being operated in the manner that it is
designed or is permitted.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.66;
143-215.107(a)(12);

Eff. December 1, 2005.

SECTION .2400 – CLEAN AIR INTERSTATE RULES 

15A NCAC 02D .2401	PURPOSE AND APPLICABILITY

(a)  Purpose. The purpose of this Section is to implement the federal
Clean Air Interstate Rule and thereby reduce the interstate
transportation of fine particulate matter and ozone.

(b)  Applicability. This Section applies to the following, which are
CAIR NOx units, CAIR SO2 units, and CAIR NOx Ozone Season units to the
extent they are subject to the NOx annual trading program, SO2 trading
program, and NOx ozone season trading program, respectively, in this
Section:

(1)	any stationary, fossil-fuel-fired boiler or stationary,
fossil-fuel-fired combustion turbine serving at any time, since the
later of November 15, 1990 or the start-up of a unit's combustion
chamber, a generator with nameplate capacity of more than 25 MWe
producing electricity for sale, provided that if a stationary boiler or
stationary combustion turbine that does not meet these requirements
begins to combust fossil fuel or to serve a generator with nameplate
capacity of more than 25 MWe producing electricity for sale, the unit
shall become subject to this Section under this Subparagraph on the
first date on which the unit both combusts fossil fuel and serves such
generator;

(2)	notwithstanding Subparagraph (b)(1) of this Rule, a unit that meets
the requirements in 40 CFR 96.104(b)(1)(i), (b)(2)(i), or (b)(2)(ii),
96.204(b)(1)(i), (b)(2)(i), or (b)(2)(ii), 96.304(b)(1)(i), (b)(2)(i),
or (b)(2)(ii), shall not be subject to this Section under this
Subparagraph and shall become subject to this Section under this
Subparagraph as provided in 40 CFR 96.104(b)(1)(ii) or (b)(2)(iii),
96.204(b)(1)(ii) or (b)(2)(iii), or 96.304(b)(1)(ii) or (b)(2)(iii);

(3)	solely for the purposes of the NOx ozone season trading program,
fossil fuel-fired stationary boilers, combustion turbines, or combined
cycle systems having a maximum design heat input greater than 250
million Btu per hour except stationary combustion turbines constructed
before January 1, 1979, that have a federally enforceable permit that
restricts:

(A)	its potential emissions of nitrogen oxides to no more than 25 tons
between May 1 and September 30;

(B)	it to burning only natural gas or oil; and

(C)	its hours of operation as described in 40 CFR 96.4(b)(1)(ii) and
(iii); or

(4)	solely for the purposes of the NOx ozone season trading program,
fossil-fuel fired stationary boilers, combustion turbines, or combined
cycle systems serving a generator with a nameplate capacity greater than
25 MW electrical and selling any amount of electricity.

(c)  Retired unit exemption. Any unit that is permanently retired and is
not an opt-in unit under Rule .2411 of this Section shall be exempted
from the annual trading program for:

(1)	nitrogen oxides if it complies with the provisions of 40 CFR 96.105,

(2)	sulfur dioxide if it complies with the provisions of 40 CFR 96.205,
or

(3)	ozone season nitrogen oxides if it complies with the provisions of
40 CFR 96.305.

(d)  Effect on other authorities. No provision of this Section, any
application submitted or any permit issued pursuant to Rule .2406 of
this Section, or any exemption under 40 CFR 96.105, 96.205, or 96.305
shall be construed as exempting any source or facility covered under
this Section or the owner or operator or designated representative of
any source or facility covered under this Section from complying with
any other requirements of this Subchapter or Subchapter 15A NCAC 02Q or
the Clean Air Act. The Environmental Management Commission may specify
through rulemaking a specific emission limit lower than that established
under this Rule for a specific source if compliance with the lower
emission limit is required to attain or maintain the ambient air quality
standard for ozone or fine particulate (PM2.5) or any other ambient air
quality standard in Section 15A NCAC 02D .0400.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2402	DEFINITIONS

(a)  For the purpose of this Section, the definitions in 40 CFR 96.102,
96.202 and 96.302 shall apply except that solely for the purposes of
units subject to Rule .2401(b)(3), .2401(b)(4), or .2405(a)(2) of this
Section, the term "fossil-fuel-fired" means:

(1)	sources that began operation before January 1, 1996, where fossil
fuel actually combusted either alone or in combination with any other
fuel, comprised more than 50 percent of the annual heat input on a Btu
basis during 1995, or, if a source had no heat input in 1995, during the
last year of operation of the unit before 1995;

(2)	sources that began operation on or after January 1, 1996 and before
January 1, 1997, where fossil fuel actually combusted either alone or in
combination with any other fuel, comprised more than 50 percent of the
annual heat input on a Btu basis during 1996; or

(3)	sources that began operation on or after January 1, 1997;

(A)	Where fossil fuel actually combusted either alone or in combination
with any other fuel, comprised more than 50 percent of the annual heat
input on a Btu basis during any year as determined by the owner or
operator of the source and verified by the Director; or

(B)	Where fossil fuel combusted either alone or in combination with any
other fuel, is projected to comprise more than 50 percent of the annual
heat input on a Btu basis during any year, provided that the unit shall
be "fossil-fuel-fired" as of the date, during such year, on which the
source begins combusting fossil fuel.

(b)  Notwithstanding the provisions of the definition of "commence
commercial operation" in 40 CFR 96.302, for a unit under Rules
.2401(b)(3), .2401(b)(4) or .2405(a)(2) of this Section, and not serving
a generator producing electricity for sale, the unit's date of
commencement of operation shall also be the unit's date of commencement
of commercial operation.

(c)  Notwithstanding the provisions of the definition of "commence
operation" in 40 CFR 96.302, and solely for the purposes of 40 CFR Part
96 Subpart HHHH, for a unit that is not a CAIR NOx Ozone Season unit,
under Rules .2401(b)(3), .2401(b)(4), or .2405(a)(2) of this Section on
the later of November 15, 1990 or the date the unit commenced or
commences operation as defined in the first provision of this definition
in 40 CFR 96.302 and that subsequently becomes or became such a CAIR NOx
Ozone Season unit, the unit's date for commencement of operation shall
be the date on which the unit becomes or became a CAIR NOx Ozone Season
unit under Rule .2401(b)(3), .2401(b)(4), or .2405(a)(2) of this
Section. For a unit with a date of commencement of operation as defined
in the first sentence of this Subparagraph and that subsequently
undergoes a physical change (other than replacement of the unit by a
unit at the same source), such date shall remain the date of
commencement of operation of the unit, which shall continue to be
treated as the same unit. For a unit with a date of commencement of
operation as defined in the first sentence of this Paragraph and that
subsequently is replaced by a unit at the same source (e.g., repowered),
such date shall remain the replaced unit's date of commencement of
operation, and the replacement unit shall be treated as a separate unit
with a separate date for commencement of operation as defined in this
Paragraph.

(d)  For the purposes of this Section, the following definitions apply:

(1)	"Modification" means modification as defined in 15A NCAC 02D .0101.

(2)	"Reconstruction" means the replacement of components of an existing
unit that meets the requirements of 40 CFR 60.15(b)(1).

(3)	"Replacement" means, solely for the purposes of Rules .2403 and
.2405 of this Section, removing an existing unit and putting in its
place at the same facility a functionally equivalent new unit.

(e) For the purpose of this Section, the abbreviations and acronyms
listed in 40 CFR 96.103, 96.203, 96.303 shall apply.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2403	NITROGEN OXIDE EMISSIONS 

(a)  Allocations. The annual allocations of nitrogen oxide allowances
are:

FACILITY	ALLOCATIONS FOR

2009-2014

(TONS)	ALLOCATIONS FOR

2015 AND LATER

(TONS)

Craven County Wood Energy, LP	498	424

Duke Energy, Belews Creek	10,837	9,220

Duke Energy, Buck 	1,355	1,153

Duke Energy, Cliffside 	2,932	2,495

Duke Energy, Dan River 	792	674

Duke Energy, G.G. Allen 	4,338	3,691

Duke Energy, Lincoln 	230	196

Duke Energy, Marshall 	9,667	8,225

Duke Energy, Riverbend 	1,709	1,454

Dynegy-Rockingham Power	194	165

Edgecombe GenCo	807	687

Elizabethtown Power	86	73

Lumberton Power	121	103

Primary Energy, Roxboro	164	140

Primary Energy, Southport	401	341

Progress Energy, Asheville	2,103	1,789

Progress Energy, Blewett	8	7

Progress Energy, Cape Fear	1,244	1,059

Progress Energy, Lee	1870	1591

Progress Energy, L.V. Sutton	2,146	1,826

Progress Energy, Mark's Creek Richmond Co.	374	318

Progress Energy, Mayo	4,004	3,407

Progress Energy, Roxboro	11,578	9,851

Progress Energy, Weatherspoon	674	573

PWC-Butler Warner Generation Plant	77	65

Rosemary Power Station, Halifax	42	36

Southern Power Company Plant Rowan County	25	22

Westmoreland Partners, LLC, Roanoke 

Valley Energy Facility	1269	1080



In the event that EPA determines that Craven County Wood Energy is not
subject to the provisions of this Section, its allocation shall go to
the new source growth pool.

(b)  Compliance. The emissions of nitrogen oxides of a CAIR NOx source
shall not exceed the number of allowances that it has in its compliance
account established and administered under Rule .2408 of this Section.

(c)  Emission measurement requirements. The emissions measurements
recorded and reported according to 40 CFR Part 96 Subpart HH shall be
used to determine compliance by each CAIR NOx source with its emissions
limitation according to 40 CFR 96.106(c) including 96.106(c)(5) and (6).

(d)  Excess emission requirements. The provisions of 40 CFR 96.106(d)
shall be used for excess emissions.

(e)  Liability. The owner or operator of any unit or source covered
under this Section shall be subject to the provisions of 40 CFR
96.106(f).

(f)  Modification and reconstruction, replacement, retirement, or change
of ownership. The modification or reconstruction of a CAIR NOx unit
shall not make that CAIR NOx unit a "new" CAIR NOx unit under Rule .2412
of this Section. The CAIR NOx unit that is modified or reconstructed
shall not change the emission allocation under Paragraph (a) of this
Rule. If one or more CAIR NOx units at a facility covered under this
Rule is replaced, the new CAIR NOx unit shall not receive an allocation
under Rule .2412 of this Section, nor shall it change the allocation of
the facility. If the owner of a facility changes, the emission
allocations under this Rule and revised emission allocations made under
Rule .2413 of this Section shall remain with the facility. If a CAIR NOx
unit is retired, the owner or operator and the designated
representatives of the CAIR NOx unit shall follow the procedures in 40
CFR 96.105. The allocations of a retired CAIR NOx unit shall remain with
the owner or operator of the retired CAIR NOx unit until a reallocation
occurs under Rule .2413 of this Section when the allocation shall be
removed and given to other CAIR NOx units if the retired CAIR NOx unit
is still retired using the procedure in Rule .2413 of this Section.

History Note:	Authority G.S. 143-215.3(a); 143-215.65; 143-215.66;
143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2404	SULFUR DIOXIDE

(a)  Applicability. This Rule applies only to units that meet the
description in Rule .2401(b)(1) or (2) of this Section.

(b)  Allocations. The annual allocation of sulfur dioxide allowances
shall be determined by EPA. The allocations for CAIR SO2 units are in 40
CFR 73.10.

(c)  Compliance. The emissions of sulfur dioxides of a source described
in Paragraph (a) of this Rule shall not exceed the number of allowances
that it has in its compliance account established and administered under
Rule .2408 of this Section.

(d)  Emission measurement requirements. The emissions measurements
recorded and reported according to 40 CFR Part 96 Subpart HHH shall be
used to determine compliance by each CAIR SO2 source with its emissions
limitation according to 40 CFR 96.206(c) including 96.206(c)(5) and (6).

(e)  Excess emission requirements. The provisions of 40 CFR 96.206(d)
shall be used for excess emissions.

(f)  Liability. The owner or operator of any unit or source covered
under this Section shall be subject to the provisions of 40 CFR
96.206(f).

History Note:	Authority G.S. 143-215.3(a); 143-215.65; 143-215.66;
143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2405	NITROGEN OXIDE EMISSIONS DURING OZONE SEASON

(a)  Allocations. The ozone season allocations of nitrogen oxide
allowances are:

(1)	Facilities that meet the description in Rule .2401(b)(1) or (b)(2)
of this Section.

FACILITY	ALLOCATIONS FOR

2009-2014

(TONS)	ALLOCATIONS FOR

2015 AND LATER

(TONS)

Craven County Wood Energy, LP	211	179

Duke Energy, Belews Creek	4,917	4,184

Duke Energy, Buck 	656	558

Duke Energy, Cliffside 	1,350	1,148

Duke Energy, Dan River 	436	371

Duke Energy, G.G. Allen 	2,096	1,784

Duke Energy, Lincoln 	169	144

Duke Energy, Marshall 	4,179	3,556

Duke Energy, Riverbend 	859	731

Dynegy-Rockingham Power	99	84

Edgecombe GenCo	331	281

Elizabethtown Power	51	43

Lumberton Power	46	39

Primary Energy, Roxboro	83	71

Primary Energy, Southport	213	181

Progress Energy, Asheville	899	765

Progress Energy, Blewett	7	6

Progress Energy, Cape Fear	527	448

Progress Energy, Lee	905	770

Progress Energy, L.V. Sutton	1,023	871

Progress Energy, Mark's Creek Richmond Co.	335	285

Progress Energy, Mayo	1,735	1,476

Progress Energy, Roxboro	5,069	4,314

Progress Energy, Weatherspoon	346	295

PWC-Fayetteville	53	45

Rosemary Power Station, Halifax	26	22

Southern Power Company Plant Rowan County	25	20

Westmoreland Partners, LLC, Roanoke Valley Energy Facility	511	434



In the event that EPA determines that Craven County Wood Energy is not
subject to the provisions of this Section, its allocation shall go to
the new source growth pool.

(2)	Facilities that meet the description in Rule .2401(b)(3) or (b)(4)
of this Section.

FACILITY	ALLOCATON FOR

2009-2014

(TONS)	ALLOCATIONS FOR

2015 AND LATER

(TONS)

Blue Ridge Paper Products	839	839

International Paper Corp., Columbus Co.	307	307

Kapstone Kraft Paper corporation	346	346

Coastal Carolina Clean Power, LLC	113	113

UNC-Chapel Hill	241	241

Weyerhaeuser, New Bern Mill	193	193

Domtar Paper Co.	404	404



(b)  Ozone season defined. The ozone season is from May 1 through
September 30 of each year.

(c)  Change in status. If a unit at a facility named in Subparagraph
(a)(2) of this Rule meets the description under Subparagraphs (b)(1) or
(b)(2) of Rule .2401 of this Section, it shall lose its allocation under
Subparagraph (a)(2) of this Rule and shall receive an allocation under
Rule .2412 of this Section as a new unit until it receives an allocation
under Rule .2413 of this Section. 

(d)  Compliance. The nitrogen oxide ozone season emissions of a CAIR NOx
Ozone Season source shall not exceed the number of allowances that it
has in its compliance account established and administered under Rule
.2408 of this Section. For purposes of making deductions for excess
emissions for the ozone season in 2008 under the NOx SIP Call (Section
15A NCAC 02D .1400), the Administrator shall deduct allowances allocated
under this Rule for the ozone season in 2009.

(e)  Emission measurement requirements. The emissions measurements
recorded and reported according to 40 CFR Part 96 Subpart HHHH shall be
used to determine compliance by each CAIR NOx Ozone Season source with
its emissions limitation according to 40 CFR 96.306(c) including
96.306(c)(5) and (6).

(f)  Excess emission requirements. The provisions of 40 CFR 96.306(d)
shall be used for excess emissions.

(g)  Liability. The owner or operator of any unit or source covered
under this Section shall be subject to the provisions of 40 CFR
96.306(f).

(h)  Modification and reconstruction, replacement, retirement, or change
of ownership. The modification or reconstruction of a CAIR NOx Ozone
Season unit shall not make that CAIR NOx Ozone Season unit a "new" CAIR
NOx Ozone Season unit under Rule .2412. The CAIR NOx Ozone Season unit
that is modified or reconstructed shall not change the emission
allocation under Paragraph (a) of this Rule. If one or more CAIR NOx
Ozone Season units at a facility is replaced, the new CAIR NOx Ozone
Season unit shall not receive an allocation under Rule .2412 of this
Section, nor shall it change the allocation of the facility. If the
owner of a facility changes, the emission allocations under this Rule
and revised emission allocations made under Rule .2413 of this Section
shall remain with the facility. If a CAIR NOx Ozone Season unit is
retired, the owner or operator, and designated representatives, of the
CAIR NOx Ozone Season unit shall follow the procedures in 40 CFR 96.305.
The allocations of a retired CAIR NOx Ozone Season unit shall remain
with the owner or operator of the retired CAIR NOx Ozone Season unit
until a reallocation occurs under Rule .2413 of this Section when the
allocation shall be removed and given to other CAIR NOx Ozone Season
units if the retired CAIR NOx Ozone Season unit is still retired using
the procedure in Rule .2413 of this Section.

History Note:	Authority G.S. 143-215.3(a); 143-215.65; 143-215.66;
143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2406	PERMITTING

(a)  The owner or operator of any source covered under this Section
shall submit permit applications to comply with the requirements of this
Section following the procedures and requirements in 15A NCAC 02Q .0500
(Title V permitting procedures) and in:

(1)	40 CFR 96.106(a), 96.121, and 96.122 for each CAIR NOx source;

(2)	40 CFR 96.206(a), 96.221, and 96.222 for each CAIR SO2 source; and

(3)	40 CFR 96.306(a), 96.321, and 96.322 for each CAIR NOx Ozone Season
source.

(b)  The Director shall review applications submitted under Paragraph
(a) of this Rule and issue permits for compliance with this Section
following the procedures and requirements in 15A NCAC 02Q .0500 (Title V
permitting procedures) and in:

(1)	40 CFR 96.106(a), 96.120, 96.123, and 96.124 for each CAIR NOx
source;

(2)	40 CFR 96.206(a), 96.220, 96.223, and 96.224 for each CAIR SO2
source; and

(3)	40 CFR 96.306(a), 96.320, 96.323, and 96.324 for each CAIR NOx Ozone
Season source.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);
143-215.108;

Eff. July 1, 2006.

15A NCAC 02D .2407	MONITORING, REPORTING, AND RECORDKEEPING 

(a)  The owner or operator of a unit covered under this Section shall
comply with the monitoring, recordkeeping, and reporting requirements
in:

(1)	40 CFR 96.106(b) and (e) and in 40 CFR Part 96, Subpart HH for each
CAIR NOx unit;

(2)	40 CFR 96.206(b) and (e) and in 40 CFR Part 96, Subpart HHH for each
CAIR SO2 unit; and

(3)	40 CFR 96.306(b) and (e) and in 40 CFR Part 96, Subpart HHHH for
each CAIR Ozone Season NOx unit.

(b)  To approve or disapprove monitors used to show compliance with
Rules .2403, .2404, or .2405 of this Section, the Division shall follow
the procedures in:

(1)	40 CFR 96.171 and 40 CFR 96.172 for nitrogen oxides,

(2)	40 CFR 96.271 and 40 CFR 96.272 for sulfur dioxides, and

(3)	40 CFR 96.371 and 40 CFR 96.372 for ozone season nitrogen oxides.

History Note:	Authority G.S. 143-215.3(a); 143-215.65; 143-215.66;
143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2408	TRADING PROGRAM AND BANKING

(a)  EPA to administer. The United States Environmental Protection
Agency (EPA) shall administer the allowance tracking system according to
the procedures in:

(1)	40 CFR Part 96, Subpart FF and Subpart GG for nitrogen oxides;

(2)	40 CFR Part 96, Subpart FFF and Subpart GGG for sulfur dioxide; and

(3)	40 CFR Part 96, Subpart FFFF and Subpart GGGG for ozone season
nitrogen oxides.

(b)  Compliance account. The owners and operators of each source covered
under this Section shall have a compliance account in the EPA
administered tracking system that satisfies the requirements of:

(1)	40 CFR 96.151 for nitrogen oxides,

(2)	40 CFR 96.251 for sulfur dioxides, and 

(3)	40 CFR 96.351 for ozone season nitrogen oxides.

(c)  General account. Any person may apply to open a general account to
hold and transfer allowances by using the procedures and meeting the
requirements in:

(1)	40 CFR 96.151(b) for nitrogen oxides and may close that account
using the procedures in 40 CFR 96.157,

(2)	40 CFR 96.251(b) for sulfur dioxides and may close that account
using the procedures in 40 CFR 96.257, and

(3)	40 CFR 96.351(b) for ozone season nitrogen oxides and may close that
account using the procedures in 40 CFR 96.357.

(d)  Allowance transfers. 

(1)	Any person who has a compliance or general account established under
40 CFR 96.151 may transfer allowances using the procedures in 40 CFR
96.160. 

(2)	Any person who has a compliance or general account established under
40 CFR 96.251 may transfer allowances using the procedures in 40 CFR
96.260. 

(3)	Any person who has a compliance or general account established under
40 CFR 96.351 may transfer allowances using the procedures in 40 CFR
96.360. 

(e)  Submittal of information. Persons with accounts shall submit
information to EPA following the requirements of:

(1)	40 CFR 96.152 for nitrogen oxides,

(2)	40 CFR 96.252 for sulfur dioxides, and

(3)	40 CFR 96.352 for ozone season nitrogen oxides.

(f)  Banking. Any person who has a compliance account or a general
account may bank allowances for future use or transfer under:

(1)	40 CFR 96.155 for nitrogen oxides,

(2)	40 CFR 96.255 for sulfur dioxides, and

(3)	40 CFR 96.355 for ozone season nitrogen oxides.

(g)  Appeal Procedures. The appeal procedures for decisions of the
Administrator are set forth in

(1)	40 CFR 96.108 for nitrogen oxides,

(2)	40 CFR 96.208 for sulfur dioxides, and

(3)	40 CFR 96.308 for ozone season nitrogen oxides.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006.

15A NCAC 02D .2409	DESIGNATED REPRESENTATIVE

(a)  Designated representative. The owners and operators of any source
covered under this Section shall select a designated representative
according to 40 CFR 96.110 for each CAIR NOx source, 96.210 for each
CAIR SO2 source, and 96.310 for each CAIR NOx Ozone Season source. The
designated representative shall have the responsibilities and duties set
out in 40 CFR 96.110 for a CAIR NOx source, 96.210 for a CAIR SO2
source, and 96.310 for a CAIR NOx Ozone Season source.

(b)  Alternate designated representative. The owners and operators of
any source covered under this Section shall select an alternate
designated representative according to 40 CFR 96.111 for each CAIR NOx
source, 96.211 for each CAIR SO2 source, and 96.311 for each CAIR NOx
Ozone Season source. The alternate designated representative shall have
the responsibilities and duties set out in 40 CFR 96.111 for a CAIR NOx
source, 96.211 for CAIR SO2 source, and 96.311 for a CAIR NOx Ozone
Season source.

(c)  Changing designated representative and alternate designated
representative. The owner or operator of any source covered under this
Section may change the designated representative or the alternate
designated representative using:

(1)	40 CFR 96.112 for a CAIR NOx source;

(2)	40 CFR 96.212 for a CAIR SO2 source; and

(3)	40 CFR 96.312 for a CAIR NOx Ozone Season source.

(d)  A CAIR designated representative or alternative CAIR designated
representative may delegate his or her authority to make an electronic
submission to the Administrator using: 

(1)	40 CFR 96.115 for a CAIR NOx source;

(2)	40 CFR 96.215 for a CAIR SO2 source; and

(3)	40 CFR 96.315 for a CAIR NOx Ozone Season source.

(e)  Changes in owners and operators. Whenever the owner or operator of
a source or unit covered under this Section changes, the following
provisions shall be followed:

(1)	40 CFR 96.112(c) for a CAIR NOx source;

(2)	40 CFR 96.212(c) for a CAIR SO2 source; and 

(3)	40 CFR 96.312(c) for a CAIR NOx Ozone Season source.

(f)  Certificate of representation. A complete certificate of
representation for a CAIR designated representative or an alternate CAIR
designated representative shall meet the requirements of 40 CFR 96.113
for nitrogen oxides, 40 CFR 96.213 for sulfur dioxide, and 40 CFR 96.313
for ozone season nitrogen oxides.

(g)  Objections concerning CAIR designated representative. Objections
concerning CAIR designated representative shall be handled according to
the procedures in 40 CFR 96.114 for nitrogen oxides, 40 CFR 96.214 for
sulfur dioxide, and 40 CFR 96.314 for ozone season nitrogen oxides.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2410	COMPUTATION OF TIME

Time periods shall be determined as described in:

(1)	40 CFR 96.107 for nitrogen oxides;

(2)	40 CFR 96.207 for sulfur dioxide, and

(3)	40 CFR 96.307 for ozone season nitrogen oxides.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006.

15A NCAC 02D .2411	OPT-IN PROVISIONS

(a)  Opting in. The owners and operators of a unit may opt into:

(1)	the nitrogen oxide trading program by following the procedures in
and meeting the requirements of 40 CFR Part 96 Subpart II,

(2)	the sulfur dioxide trading program by following the procedures in
and meeting the requirements of 40 CFR Part 96 Subpart III, and

(3)	the ozone season nitrogen oxide trading program by following the
procedures in and meeting the requirements of 40 CFR Part 96 Subpart
IIII.

(b)  Permitting. The Director shall permit opt-in units under Paragraph
(a) of this Rule according to 15A NCAC 02Q .0500; and

(1)	40 CFR 96.184 and 96.185 for nitrogen oxides and shall allocate
allowances according to 40 CFR 96.188,

(2)	40 CFR 96.284 and 96.285 for sulfur dioxides and shall allocate
allowances according to 40 CFR 96.288, and

(3)	40 CFR 96.384 and 96.385 for ozone season nitrogen oxides and shall
allocate allowances according to 40 CFR 96.388.

(c)  Withdrawing. The owners and operators of an opt-in unit under
Paragraph (a) of this Rule may withdraw from the trading program
according to:

(1)	40 CFR 96.186 for nitrogen oxides,

(2)	40 CFR 96.286 for sulfur dioxides, and

(3)	40 CFR 96.386 for ozone season nitrogen oxides.

(d)  Change in regulatory status. If an opt-in unit becomes:

(1)	a CAIR NOx unit under 40 CFR 96.104, then 40 CFR 96.187 shall apply,

(2)	a CAIR SO2 unit under 40 CFR 96.204, then 40 CFR 96.287 shall apply,
or 

(3)	a CAIR ozone season NOx unit under 40 CFR 96.304, then 40 CFR 96.387
shall apply.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);
143-215.108;

Eff. July 1, 2006.

15A NCAC 02D .2412	NEW UNIT GROWTH

(a)  For nitrogen oxide emissions, the total nitrogen oxide allowances
available for allocation in the new unit set-aside for each control
period in 2009 through 2014 shall be 2638 tons and the total nitrogen
oxide allowances available for allocation in each control period in 2015
and thereafter shall be 1154 tons. Except for the reference to 40 CFR
96.142(b), the procedures in 40 CFR 96.142(c)(2) through (4) shall be
used to create allocations for units covered under this Section that
commenced operations on or after January 1, 2001 and that are not
covered in the table in Rule .2403 of this Section.

(b)  For ozone season nitrogen oxides emissions, the total ozone season
nitrogen oxide allowances available for allocation in the new unit
set-aside for each control period in 2009 through 2014 shall be 1234
tons and the total ozone season nitrogen oxide allowances available for
allocation in each control period in 2015 and thereafter shall be 555
tons. Except for the reference to 40 CFR 96.142(b) the procedures in 40
CFR 96.342(c)(2) through (4) shall be used to create allocations for
units covered under this Section that commenced operations on or after
January 1, 2001 and that are not listed in the table in Rule .2405 of
this Section.

(c)  New unit allowances in Paragraph (a) of this Rule that are not
allocated in a given year shall be redistributed to units under
.2401(b)(1) and (2) according to the provisions of 40 CFR 96.142(d) and
96.342(d) except that the divisor used in calculating individual unit
allocations:

(1)	for nitrogen oxide allowances shall be 2638 tons for each control
period in 2009 through 2014 and 1154 tons in each control period in 2015
and thereafter, and

(2)	for ozone season nitrogen oxide allowances shall be 1234 tons for
each control period in 2009 through 2014 and 555 tons for each control
period in 2015 and thereafter.

(d)  The Director shall report the allocations to new units to EPA in
accordance with 40 CFR 51.123(o)(2) and (aa)(2).

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2413	PERIODIC REVIEW AND REALLOCATIONS

In 2010 and every five years thereafter, the Environmental Management
Commission shall review the emission allocations of units covered under
Rules .2403 and .2405 of this Section and decide if any revisions are
needed. In making this decision the Environmental Management Commission
shall consider the following:

(1)	the size of the allocation pool for new unit growth under Rule .2412
of this Section;

(2)	the amount of emissions allocations requested by units under Rule
.2412 of this Section;

(3)	the amount of emissions allocations available through the respective
trading programs under Rule .2408 of this Section;

(4)	the impact of reallocation on existing units;

(5)	the impact of reallocations on units covered under Rule .2412 of
this Section;

(6)	impact on future growth; and

(7)	other relevant information on the impacts of reallocation.

Any revisions of allocations shall be consistent with the requirements
in 40 CFR 51.123(o)(2)(ii) and (aa)(2)(iii) or 96.141 and 96.341.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006.

section .2500 – mercury rules for electric generators

15A NCAC 02D .2501	PURPOSE AND APPLICABILITY

(a)  Purpose.  The purpose of this Section is to control mercury
emissions from coal-fired electric steam generating Hg units and to
comply with the mercury emission caps of 1.133 tons (36,256 ounces) per
year between 2010 and 2017 inclusive and 0.447 tons (14,304 ounces) per
year for 2018 and thereafter as set out in 40 CFR 60.24.

(b)  Applicability. This Section applies to:

(1)	any stationary coal-fired boiler or any stationary coal-fired
combustion turbine serving at any time, since the start-up of a unit’s
combustion chamber, a generator with nameplate capacity of more than 25
MWe producing electricity for sale; or

(2)	any unit that qualifies as a cogeneration unit during the 12-month
period starting on the date that the unit first produces electricity and
continues to qualify as a cogeneration unit, or any cogeneration unit
serving at any time a generator with nameplate capacity of more than 25
MWe and supplying in any calendar year more than one-third of the
unit’s potential electric output capacity or 219,000 MWh, whichever is
greater, to any utility power distribution system for sale. If a unit
that qualifies as a cogeneration unit during the 12-month period
starting on the date the unit first produces electricity but
subsequently no longer qualifies as a cogeneration unit, the unit shall
be subject to Subparagraph (1) of this Paragraph starting on the day on
which the unit first no longer qualifies as a cogeneration unit; or

(3)	the Hg budget unit identified in the table in Rule .2503  of this
Section.

(c)  Retired Hg unit exemption. Any Hg unit that is permanently retired
shall be exempted from the annual trading program if it complies with
the provisions of 40 CFR 60.4105. 

(d)  Effect on other authorities. No provision of this Section, any
application submitted or any permit issued pursuant to Rule .2504 of
this Section, or any exemption under 40 CFR 60.4105, shall be construed
as exempting any Hg unit or source covered under this Section or the
owner or operator or designated representative of any Hg unit or source
covered under this Section from complying with any other requirements of
this Subchapter or Subchapter 15A NCAC 02Q. 

(e)  Additional controls. The Commission shall require additional
reductions in mercury emissions when needed to reduce mercury
concentrations to levels that do not cause or contribute to
mercury-related health problems.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. January 1, 2007. 

 

15A NCAC 02D .2502	DEFINITIONS

(a)  For the purpose of this Section, the definitions in 40 CFR 60.4102,
shall apply.

(b)  For the purpose of this Section, the abbreviations and acronyms
listed in 40 CFR 60.4103 shall apply.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2503	MERCURY EMISSION 

(a)  Allocations.  The table in this Paragraph contains allocations in
ounces of total mercury.

Hg BUDGET SOURCE	Hg BUDGET UNIT	ALLOCATION 

FOR

2010 – 2017

(ounces)

	ALLOCATION FOR

2018 AND LATER (ounces)

Duke Energy, Belews Creek

	1	3440	1386

	2	3212	1294

Duke Energy, Buck

	5	53	21

	6	54	22

	7	59	24

	8	297	120

	9	330	133

Duke Energy, Cliffside

	1	61	25

	2	62	25

	3	100	40

	4	86	35

	5	1499	604

Duke Energy, Dan River

	1	102	41

	2	113	45

	3	252	102

Duke Energy, G G Allen

	1	349	141

	2	324	131

	3	601	242

	4	655	264

	5	615	248





	

Duke Energy, Marshall

	1	1037	418

	2	1085	437

	3	1799	725

	4	1835	739

Duke Energy, Riverbend

	7	186	75

	8	180	72

	9	325	131

	10	323	130

Progress Energy, Asheville

	1	621	250

	2	575	232

Progress Energy, Cape Fear

	5	347	140

	6	407	164

Progress Energy, L V Sutton

	1	195	78

	2	198	80

	3	905	365

Progress Energy, Lee

	1	191	77

	2	189	76

	3	607	245

Progress Energy, Mayo

	1A	1188	479

	1B	1153	465

Progress Energy, Roxboro

	1	1041	419

	2	1930	777

	3A	990	399

	3B	1008	406

	4A	987	397

	4B	917	369

Progress Energy, 

W H Weatherspoon

	1	112	45

	2	111	45

	3	177	71

Dwayne Collier Battle Cogeneration Facility

	1A	114	46

	1B	105	42

	2A	106	43

	2B	108	44

Elizabethtown Power	1	28	11

	2	26	10

Lumberton Power	1	31	12

	2	52	21

Primary Energy, Roxboro	1	95	38

Primary Energy, Southport

	1	117	47

	2	118	47

Westmoreland-LG&E

Partners Roanoke Valley 	1	490	197

	2	171	69

(b)  Compliance. The emissions of mercury of a Hg budget source shall
not exceed the number of allowances that it has in its compliance
account according to Rule .2510 of this Section.

(c)  Emission measurement requirements. The emissions measurements
recorded and reported according to 40 CFR 60.4170 through 60.4176 shall
be used to determine compliance by each source identified in this rule
with its emissions limitation according to 40 CFR 60.4106(c).

(d)  Excess emission requirements. The provisions of 40 CFR 60.4106(d)
shall be used for excess emissions. 

(e)  Liability. The owner or operator of any source covered under this
Section shall be subject to the provisions of 40 CFR 60.4106(f). 

(f)  Modification and reconstruction, replacement, retirement, or change
of ownership. The modification or reconstruction of a source covered
under this Rule shall not make that source a "new" source for the
purposes of this Section; it may be considered a new source under Rule
15A NCAC 02D .0524, New Source Performance Standards, or 40 CFR Part 60.
A source that is modified or reconstructed shall retain its emission
allocation under Paragraph (a) of this Rule. If one or more sources
covered under this Rule is replaced, the new source shall receive the
allocation of the source, or sources, that it replaces instead of an
allocation under Rule .2508 of this Section. If the owner of a source
changes, the emission allocations under this Rule and revised emission
allocations made under Rule .2509 of this Section shall remain with the
source. If a source is retired, the owner or operator of the source
shall follow the procedures in 40 CFR 60.4105. The allocations of a
retired source shall remain with the owner or operator of the retired
source until a reallocation occurs under Rule .2509 of this Section when
the allocation shall be removed and given to other sources if the
retired source is still retired.

(g)  The Director shall comply with the timing requirements for mercury
allocations under 40 CFR 60.4141.

History Note:	Authority G.S. 143-215.3(a); 143-215.65; 143-215.66;
143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2504	PERMITTING

(a)  The owner or operator of any Hg budget unit covered under this
Section shall submit permit applications to comply with the requirements
of this Section following the procedures and requirements in 40 CFR
60.4106(a), 60.4121, and 60.4122 and in Subchapter 15A NCAC 02Q.

(b)  The Director shall review applications submitted under Paragraph
(a) of this Rule and issue permits for compliance with this Section
following the procedures and requirements in 40 CFR 60.4106(a), 60.4120,
60.4123, and 60.4124 and in Subchapter 15A NCAC 02Q. 

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);
143-215.108;

Eff. January 1, 2007.

15A NCAC 02D .2505	MONITORING, REPORTING, AND RECORDKEEPING 

(a)  The owner or operator of a Hg budget unit covered under this
Section shall comply with the monitoring, recordkeeping, and reporting
requirements in 40 CFR 60.4106(b) and (e) and in 40 CFR 60.4170 through
60.4176.

(b)  To approve or disapprove monitors used to show compliance with Rule
.2503 of this Section, the Division shall follow the procedures in 40
CFR 60.4171. 

History Note:	Authority G.S. 143-215.3(a); 143-215.65; 143-215.66;
143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2506	DESIGNATED REPRESENTATIVE

(a)  Designated representative. The owner or operator of any Hg budget
source covered under this Section shall select a designated
representative according to 40 CFR 60.4110. The designated
representative shall have the responsibilities and duties set out in 40
CFR 60.4110.

(b)  Alternate designated representative. The owner or operator of any
Hg budget source covered under this Section shall select an alternate
designated representative according to 40 CFR 60.4111. The alternate
designated representative shall have the responsibilities and duties set
out in 40 CFR 60.4111.

(c)  Changing designated representative and alternate designated
representative. The owner or operator of any Hg budget source covered
under this Section may change the designated representative or the
alternate designated representative using 40 CFR 60.4112.

(d)  Changes in owners and operators. Whenever the owner or operator of
a Hg budget source covered under this Section changes, the provisions in
40 CFR 60.4112(c) shall be followed. 

(e)  Certificate of representation. A complete certificate of
representation for a CAMR designated representative or an alternate CAMR
designated representative shall meet the requirements of 40 CFR 60.4113.

(f)  Objections concerning CAMR designated representative. Objections
concerning CAMR designated representative shall be handled according to
the procedures in 40 CFR 60.4114.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2507	COMPUTATION OF TIME

Time periods shall be determined as described in 40 CFR 60.4107.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2508	NEW SOURCE GROWTH

(a)  The total mercury allowances available for allocation in the new Hg
unit set-aside for each control period in 2010 through 2017 shall be
1,813 ounces; the total mercury allowance available for allocations in
each control period in 2018 and thereafter shall be 429 ounces. Except
for the reference to 40 CFR 60.4142(b), the procedures in 40 CFR
4142(c)(2) through (4) shall be used to create allocations for Hg units
covered under this Section that commence operations on or after January
1, 2001 and that are not covered in the table in Rule .2503 of this
Section.

(b)  The number of allowances allocated to a Hg unit under this Rule
shall not exceed the Hg unit' actual emissions of mercury.

(c)  New Hg unit allowances in Paragraph (a) of this Rule that are not
allocated in a given year shall be distributed to Hg units covered in
the table in Rule .2503 of this Section according to the provisions of
40 CFR 4142(d), except that the divisor used in calculating individual
Hg unit allocations shall be:

(1)	1,813 ounces for each control period in 2010 through 2017, and

(2)	429 ounces for each control period in 2018 and thereafter.  

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2509	PERIODIC REVIEW AND REALLOCATIONS

(a)  In 2010 and every five years thereafter, the Environmental
Management Commission shall review the emission allocations of Hg units
covered under Rules .2503 of this Section and new Hg units covered under
this Section that have been permitted but are not named in Rule .2503 of
this Section and decide if any revisions are needed. In making this
decision the Environmental Management Commission shall consider the
following:

(1)	the size of the allocation pool for new Hg unit growth under Rule
.2508 of this Section;

(2)	the amount of emissions from Hg units receiving allocations under
Rule .2508 of this Section;

(3)	the amount of emissions allocations available through the trading
program under Rule .2510 of this Section; 

(4)	the impact of reallocation on existing Hg units;

(5)	the impact of reallocations on Hg units receiving allocations under
Rule .2508 of this Section;

(6)	impact of future growth; and

(7)	other relevant information on the impacts of reallocation.

(b)  The Division of Air Quality shall report to the Commission in July
2008 and July 2012. Each report shall provide the Commission and public
updated information on the regulation of mercury emissions. The 2008
report shall include the information under Subparagraphs (1) through
(12) of this Paragraph, where available. The 2012 report shall include
all the following information: 

(1)	actual emissions from units covered under this Section since 2010
and all other principal sources of mercury;

(2)	estimates of the amounts of the different species of mercury being
emitted;

(3)	a mercury balance for North Carolina, including imported, exported,
and in-state mercury emissions and the fate and transport of mercury in
the air and waters of the State;

(4)	projected mercury emissions for 2015, 2018, 2023, and 2025;

(5)	the amount of new source growth and projected new units growth
through 2025;

(6)	the state of mercury control technology, including technological and
economic feasibility; 

(7)	an assessment of cost and performance of mercury control technology
as it may be applied to uncontrolled sources of mercury in North
Carolina, including both coal-fired electric steam generating units and
other sources that emit mercury and including an assessment of
technology used to satisfy requirements of the Clean Smokestacks Act
(G.S. 143-215.107D) and other requirements for controlling nitrogen
oxide and sulfur dioxide emissions.

(8)	a recommendation of mercury control technology, including the cost
and expected reductions in mercury;

(9)	results of studies and monitoring on mercury and its species in fish
in North Carolina, including an evaluation of the impact of reduced
mercury emissions from coal-fired power plants on the levels of mercury
observed in fish tissue; 

(10)	a summary of mercury-related health problems in North Carolina,
including accumulation of mercury in humans, toxicity, and mercury
exposures from non-air emitting sources; and

(11)	results of studies on mercury deposition, applying monitoring
techniques, back trajectory analysis, source attribution methodology,
and any other relevant  methodologies to assess the role of coal-fired
units in North Carolina deposition.

(12)	recommendations, if any, on rule revisions.

(c)  Based on the 2012 report, the Commission shall review mercury
control requirements and decide if any rule changes are needed. 

(d)  Any changes made as a result of the review under Paragraph (a) or
report under Paragraph (b) of this Section shall be made through
rulemaking. 

(e)  The Director shall report to the Commission in 2018 and 2023 on the
state of mercury control technology, including the mercury removal
efficiency of available technology, the cost of installation and
operation, and changes in fish tissue concentrations.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2510	TRADING PROGRAM AND BANKING

(a)  EPA to administer. The United States Environmental Protection
Agency (EPA) shall administer the allowance tracking system according to
the procedures in 40 CFR 60.4151 through 60.4162.

(b)  Compliance account. The owners or operators of each Hg budget
source covered under this Section shall have a compliance account in the
EPA administered tracking system that satisfies the requirements of 40
CFR 60.4151(a).

(c)  General account. Any person may apply to open a general account to
hold and transfer allowances by using the procedures and meeting the
requirements in 40 CFR 60.4151(b) and may close that account using the
procedures in 40 CFR 60.4157.

(d)  Allowance transfers. Any person who has a compliance or general
account established under 40 CFR 60.4151 may transfer allowances using
the procedures in 40 CFR 60.4160. 

(e)  Submittal of information. Persons with accounts shall submit
information to EPA following the requirement of 40 CFR 60.4152.

(f)  Banking. Any person who has a compliance account or a general
account may bank allowances for future use or transfer under 40 CFR
60.4155. 

(g)  Appeal Procedures. The appeal procedures for decisions of the
Administrator are set forth in 40 CFR 60.4108 

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2511	MERCURY EMISSION LIMITS

(a)  Initial reductions. Initial reductions in mercury emissions shall
be achieved as a co-benefit of installing controls for nitrogen oxide
(NOx) and sulfur dioxide (SO2) emissions pursuant to G.S. 143-215.107D. 
No later than December 31, 2013, Duke Energy and Progress Energy shall
install controls for nitrogen oxide (NOx) and sulfur dioxide (SO2)
emissions under their respective plans for compliance with G.S.
143-215.107D. Duke Energy and Progress Energy shall each monitor mercury
emissions at no fewer than four boilers identified for control pursuant
to G.S. 143-215.107D consistent with the requirements of  Paragraphs (d)
and (e) of this Rule to document the reductions in mercury emissions
realized as a result of installing controls for nitrogen oxide and
sulfur dioxide emissions. 

(b)  Mercury control plans. Duke Energy and Progress Energy shall each
submit a mercury control plan to the Director by January 1, 2013. The
plan shall identify the technology proposed for use at each unit owned
or operated by the utility; the schedule for installation and operation
of mercury controls at each unit; and shall identify any units that will
be shut down. For purposes of this Rule, controls for nitrogen oxide and
sulfur dioxide installed in compliance with G.S. 143-215.107D are
considered to be mercury controls. The plan shall provide for
installation and operation of mercury controls on all units at the
earliest date that is technically and economically feasible. Any unit
that has not installed controls as specified in an approved mercury
control plan by December 31, 2017 shall shut down unless the Commission
has approved additional mercury reductions at a facility that has
achieved initial mercury reductions under G.S. 143-215.107D in lieu of
installing controls at the unit under the criteria set out in Paragraph
(c) of this Rule.

(c)  Review and approval of plans. The Director shall review the mercury
control plans submitted pursuant to Paragraph (b) of this Rule and shall
recommend that the Commission approve the plans, disapprove the plans or
conditionally approve the plans. The Commission shall only approve a
mercury control plan if it finds that the plan achieves the maximum
level of reductions in mercury emissions at each unit that is
technically and economically feasible without reliance on mercury
allowances obtained through the allowance trading system under Rule
.2510.  Reductions in mercury are technically feasible if control
technology exists that can reduce mercury emissions beyond the level
achieved by an electrostatic precipitator for that particular unit.
Economic feasibility is determined by considering environmental and
health impacts; capital cost of compliance; annual incremental
compliance cost; and impacts on local, regional and state economy. The
Commission may approve additional mercury reductions at a unit that has
achieved initial mercury reductions under G.S. 143-215.107D in lieu of
installing mercury controls at a unit that has no mercury controls if
the Commission finds that: 

(1)	installation of controls at the unit is not economically and
technically feasible; and

(2)	continued operation of the unit without mercury controls will not
cause or contribute to mercury-related health problems.

(d)  Source testing. Duke Energy and Progress Energy shall each test
several of its boilers in North Carolina, but no less than four boilers
in North Carolina each, for mercury emissions that represent boiler
types and control device configurations in North Carolina. The tests
shall be conducted before installation of sulfur dioxide control devices
and after the installation of sulfur dioxide control devices, or if the
unit has a sulfur dioxide control device already installed, the test
shall be conducted before the sulfur dioxide control device and after
the sulfur dioxide control device. All testing shall occur between the
effective date of this Rule and January 1, 2009.  Either continuous
emission monitors that comply with Rule .2505 of this Section or Method
101 or 102 of 40 CFR Part 61 Appendix B shall be used to measure mercury
emissions. Each company shall submit a testing plan within nine months
from the effective date of this Rule to the Director for his approval.
The plan shall include:

(1)	the identity of the boilers to be tested and an explanation of why
they were selected,

(2)	a schedule for testing the boilers, and

(3)	a testing protocol including testing procedures.

(e)  Approval of testing. The Director shall approve the testing plan
submitted under Paragraph  (d) of this Rule if he finds that:

(1)	the elements required under Paragraph (d) of this Rule have been
submitted,

(2)	the boilers selected represent the boiler types and control device
configurations that the company has in North Carolina, and

(3)	the testing protocol and procedures are appropriate for the testing
to be done.

(f)  New sources.  Any coal-fired electric steam generating unit to
which this Rule applies and which begins construction after the
effective date of this Rule shall install and operate best available
control technology for mercury. For purposes of this Rule, "best
available control technology" means an emissions limitation based on the
maximum degree of reduction of mercury from coal-fired electric steam
generating units that is achievable for such units taking into account
energy, environmental, and economic impacts and other costs. The
Director shall identify best available mercury control technology on a
case by case basis. In no event shall application of best available
control technology result in emissions of any pollutant which would
exceed the emissions allowed by any applicable standard under 40 CFR
parts 60, 61, or 63.

(g)  If implementation of the mercury control plan approved by the
Commission under this Rule does not result in a level of reductions
sufficient to meet the allocations under Rule .2503 of this Section, the
utilities may acquire allowances for any excess emissions.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5);
143-215.107D;

Eff. January 1, 2007.

SECTION .2600 - SOURCE TESTING

15A NCAC 02D .2601	PURPOSE AND SCOPE

(a)  The purpose of this Section is to assure consistent application of
testing methods and methodologies to demonstrate compliance with
emission standards.  

(b)  This Section shall apply to all air pollution sources.

(c)  Emission compliance testing shall be by the procedures of this
Section, except as may be otherwise required in Rules .0524, .0912,
.1110, .1111, or .1415 of this Subchapter.

(d)  The Director may approve using test methods other than those
specified in this Section under Paragraph (i) of Rule .2602 of this
Section. 

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008. 

15A NCAC 02D .2602	GENERAL PROVISIONS ON TEST METHODS AND PROCEDURES

(a)  The owner or operator of a source shall perform any required test
at his own expense. 

(b)  The final test report shall describe the training and air testing
experience of the person directing the air test. 

(c)  The owner or operator of the source shall arrange for air emission
testing protocols to be provided to the Director prior to air pollution
testing.  Testing protocols are not required to be pre-approved by the
Director prior to air pollution testing. The Director shall review air
emission testing protocols for pre-approval prior to testing if
requested by the owner or operator at least 45 days before conducting
the test. 

(d)  Any person proposing to conduct an emissions test to demonstrate
compliance with an applicable standard shall notify the Director at
least 15 days before beginning the test so that the Director may at his
option observe the test. 

(e)  For compliance determination, the owner and operator of the source
shall provide:

(1)	sampling ports, pipes, lines, or appurtenances for the collection of
samples and data required by the test procedure;

(2)	scaffolding and safe access to the sample and data collection
locations; and

(3)	light, electricity, and other utilities required for sample and data
collection.

(f)  Unless otherwise specified in the applicable permit or during the
course of the protocol review, the results of the tests shall be
expressed in the same units as the emission limits given in the rule for
which compliance is being determined. 

(g)  The owner or operator of the source shall arrange for controlling
and measuring the production rates during the period of air testing. The
owner or operator of the source shall ensure that the equipment or
process being tested is operated at the production rate that best
fulfills the purpose of the test. The individual conducting the emission
test shall describe the procedures used to obtain accurate process data
and include in the test report the average production rates determined
during each testing period.

(h)  The final air emission test report shall be submitted to the
Director not later than 30 days after sample collection. The owner or
operator may request an extension to submit the final test report.  The
Director shall approve an extension request if he finds that the
extension request is a result of actions beyond the control of the owner
or operator.

(i)  The Director shall make the final determination regarding any
testing procedure deviation and the validity of the compliance test. 
The Director may:

(1)	Allow deviations from a method specified under a rule in this
Section if the owner or operator of the source being tested demonstrates
to the satisfaction of the Director that the specified method is
inappropriate for the source being tested.

(2)	Prescribe alternate test procedures on an individual basis when he
finds that the alternative method is necessary to secure more reliable
test data.

(3)	Prescribe or approve methods on an individual basis for sources or
pollutants for which no test method is specified in this Section if the
methods can be demonstrated to determine compliance of permitted
emission sources or pollutants.

(j)  The Director may authorize the Division of Air Quality to conduct
independent tests of any source subject to a rule in this Subchapter to
determine the compliance status of that source or to verify any test
data submitted relating to that source. Any test conducted by the
Division of Air Quality using the appropriate testing procedures
described in this Section has precedence over all other tests.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. July 1, 2008.

15A NCAC 02D .2603	TESTING PROTOCOL

(a)  Testing protocols shall include:  

(1)	an introduction explaining the purpose of the proposed test,
including identification of the regulations and permit requirements for
which compliance is being demonstrated and the allowable emission
limits;

(2)	a description of the facility and the source to be tested; 

(3)	a description of the test procedures (sampling equipment, analytical
procedures, sampling locations, reporting and data reduction
requirements, and internal quality assurance and quality control
activities); 

(4)	any modifications made to the test methods referenced in the
protocol; and

(5)	a description of how production or process data will be documented
during testing.

(b)  The tester shall not deviate from the protocol unless the tester
documents the deviation.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. July 1, 2008. 

15A NCAC 02D .2604	NUMBER OF TEST POINTS

(a)  Method 1 of Appendix A of 40 CFR Part 60 shall be used to select a
suitable site and the appropriate number of test points for the
following situations:

(1)	particulate testing,

(2)	volatile organic compounds,

(3)	velocity and volume flow rate measurements,

(4)	testing for acid mist or other pollutants that occur in liquid
droplet form,

(5)	any sampling for which velocity and volume flow rate measurements
are necessary for computing final test results, or

(6)	any sampling that specifies isokinetic sampling. 

(b)  Method 1 of Appendix A of 40 CFR Part 60 shall be used as written
with the following clarifications:

(1)	Testing installations with multiple breechings may be accomplished
by testing the discharge stack(s) to which the multiple breechings
exhaust.  If the multiple breechings are individually tested, then
Method 1 shall be applied to each breeching individually. 

(2)	If test ports in a duct are less than two diameters downstream from
any disturbance (fan, elbow, change in diameter, or any other physical
feature that may disturb the gas flow) or less than one-half diameter
upstream from any disturbance, the acceptability of the test location
shall be determined by the Director before the test and after his review
of technical and economic factors. 

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2605	VELOCITY AND VOLUME FLOW RATE 

Method 2 of Appendix A of 40 CFR Part 60 shall be applied as written and
used concurrently with any test method in which velocity and volume flow
rate measurements are required.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2606	MOLECULAR WEIGHT

(a)  With the exceptions allowed under Paragraph (b), Method 3 of
Appendix A of 40 CFR Part 60 shall be applied as written and used
concurrently with any test method when necessary to determine the
molecular weight of the gas being sampled by determining the fraction of
carbon dioxide, oxygen, carbon monoxide, and nitrogen. 

(b)  The grab sample technique may be substituted using instruments such
as Bacharach Fyrite™ with the following restrictions:

(1)	Instruments such as the Bacharach Fyrite™ may only be used for the
measurement of carbon dioxide.  

(2)	Repeated samples shall be taken during the emission test run to
account for variations in the carbon dioxide concentration. At least
four samples shall be taken during a one-hour test run, but as many as
necessary shall be taken to produce a reliable average.

(3)	The total concentration of gases other than carbon dioxide, oxygen,
and nitrogen shall be less than one percent. 

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008. 

15A NCAC 02D .2607	determination of moisture content

Method 4 of Appendix A of 40 CFR Part 60 shall be applied as written and
used concurrently with any test method requiring determination of gas
moisture content.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008. 

15A NCAC 02D .2608	NUMBER OF RUNS AND COMPLIANCE DETERMINATION

Each test (excluding fuel samples) shall consist of three repetitions or
runs of the applicable test method. For determining compliance with an
applicable emission standard, the average of results of all repetitions
applies.  On a case-by-case basis, compliance may be determined using
the arithmetic average of two run results if the Director determines
that an unavoidable and unforeseeable event happened beyond the owner's
or operator's or tester's control and that a third run could be not be
completed. 

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008. 

15A NCAC 02D .2609	PARTICULATE TESTING METHODS

(a)  With the exception allowed under Paragraph (b) of this Rule, Method
5 of Appendix A of 40 CFR Part 60 and Method 202 of Appendix M of 40 CFR
Part 51 shall be used to demonstrate compliance with particulate
emission standards. The owner or operator may request an exemption from
using Method 202 and the Director shall approve the exemption if the
Director determines that the demonstration compliance with an applicable
emission standard is unlikely to change with or without the Method 202
results included. 

(b)  Method 17 of Appendix A of 40 CFR Part 60 may be used instead of
Method 5 if:

(1)	The stack gas temperature does not exceed 320º F, 

(2)	Particulate matter concentrations are known to be independent of
temperature over the normal range of temperatures characteristic of
emissions from a specified source category, and

(3)	The stack does not contain liquid droplets or is not saturated with
water vapor.

(c)  Particulate testing on steam generators that use soot blowing as a
routine means for cleaning heat transfer surfaces shall be conducted so
that the contribution of the soot blowing is represented as follows:

(1)	If the soot blowing periods are expected to represent less than 50
percent of the total particulate emissions, only one of the test runs
shall include a soot blowing cycle.

(2)	If the soot blowing periods are expected to represent more than 50
percent of the total particulate emissions then two of the test runs
shall each include a soot blowing cycle.  Under no circumstances shall
all three test runs include soot blowing. The average emission rate of
particulate matter is calculated by the equation:

EAVG = S(ES){(A+B)/AR} + EN{((R-S)/R) - (BS/AR)}

where: 

(A)	EAVG equals the average emission rate in pounds per million Btu for
daily operating time.  

(B)	ES equals the average emission rate in pounds per million Btu of
sample(s) containing soot blowing.

(C)	EN equals the average emission rate in pounds per million Btu of
sample(s) with no soot blowing.

(D)	A equals hours of soot blowing during sample(s).

(E)	B equals hours without soot blowing during sample(s) containing soot
blowing.

(F)	R equals average hours of operation per 24 hours.

(G)	S equals average hours of soot blowing per 24 hours.

The Director may approve an alternate method of prorating the emission
rate during soot blowing if the owner or operator of the source
demonstrates that changes in boiler load or stack flow occur during soot
blowing that are not representative of normal soot blowing operations.  

(d)  Unless otherwise specified by an applicable rule or federal
subpart, the minimum time per test point for particulate testing shall
be two minutes, and the minimum time per test run shall be one hour.

(e)  Unless otherwise specified by an applicable rule or federal
subpart, the sample gas drawn during each test run shall be at least 30
cubic feet.  

(f)  Method 201 or Method 201A in combination with Method 202 of
Appendix M of 40 CFR Part 51 shall be used to determine compliance with
PM10 emission standards. If the exhaust gas contains entrained moisture
droplets, Method 5 of Appendix A of 40 CFR Part 60 in combination with
Method 202 of Appendix M of 40 CFR Part 51 shall be used to determine
PM10 emission compliance. 

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008. 

15A NCAC 02D .2610	OPACITY

(a)  Method 9 of Appendix A of 40 CFR 60 shall be used to show
compliance with opacity standards when opacity is determined by visual
observation.

(b)  Method 22 Appendix A of 40 CFR 60 shall be used to determine
compliance with opacity standards when such standards are based upon the
frequency of fugitive emissions from stationary sources as specified in
the applicable rule or by permit condition. 

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008. 

15A NCAC 02D .2611	SULFUR DIOXIDE TESTING METHODS

(a)  If compliance is to be demonstrated for a combustion source through
stack sampling the procedures described in Method 6 or Method 6C of
Appendix A of 40 CFR Part 60 shall be used. When Method 6 of Appendix A
of 40 CFR Part 60 is used to determine compliance, compliance shall be
determined by averaging six 20-minute samples taken over such a period
of time that no more than 20 minutes elapses between any two consecutive
samples.  The 20-minute run requirement only applies to Method 6 not to
Method 6C.  Method 6C is an instrumental method and the sampling is done
continuously.

(b)  Fuel burning sources not required to use continuous emissions
monitoring to demonstrate compliance with sulfur dioxide emission
standards, may determine compliance with sulfur dioxide emission
standards by stack sampling or by analyzing sulfur content of the fuel. 

(c)  For stationary gas turbines, Method 20 of 40 CFR Part 60 shall be
used to demonstrate compliance with applicable sulfur dioxide emissions
standards.

(d)  When compliance is to be demonstrated for a combustion source by
analysis of sulfur in fuel, sampling, preparation, and analysis of fuels
shall be according to the following American Society of Testing and
Materials (ASTM) methods. The Director may approve ASTM methods
different from those described in this Paragraph if they will provide
equivalent or more reliable results.  The Director may prescribe
alternate ASTM methods on an individual basis if that action is
necessary to secure reliable test data.

(1)	Coal Sampling:

(A)	Sampling Location. Coal shall be collected from a location in the
handling or processing system that provides a sample representative of
the fuel bunkered or burned during a boiler operating day.  For the
purpose of this method, a fuel lot size is defined as the weight of coal
bunkered or consumed during each boiler-operating day.  For reporting
and calculation purposes, the gross sample shall be identified with the
calendar day on which sampling began.  The Director may approve
alternate definitions of fuel lot sizes if the alternative will provide
a more representative sample.

(B)	Sample Increment Collection. A coal sampling procedure shall be used
that meets the requirements of ASTM D 2234 Type I, condition A, B, and
C, and systematic spacing for collection of sample increments.  All
requirements and restrictions regarding increment distribution and
sampling device constraints shall be observed.

(C)	Gross Samples. ASTM D 2234, 7.1.2, Table 2 shall be used except as
provided in 7.1.5.2 to determine the number and weight of increments
(composite or gross samples).

(D)	Preparation. ASTM D 2013 shall be used for sample preparation from a
composite or gross sample.

(E)	Gross Caloric Value (GCV). ASTM D 2015 or D 3286 shall be used to
determine GCV on a dry basis from a composite or gross sample.

(F)	Moisture Content. ASTM D 3173 shall be used to determine moisture
from a composite or gross sample.

(G)	Sulfur Content. ASTM D 3177 or D 4239 shall be used to determine the
percent sulfur on a dry basis from a composite or gross sample.

(2)	Oil Sampling

(A)	Sample Collection. A sample shall be collected at the pipeline inlet
to the fuel-burning unit after sufficient fuel has been drained from the
line to remove all fuel that may have been standing in the line.

(B)	Heat Of Combustion. ASTM Method D 240 or D 2015 shall be used to
determine the heat of combustion.

(C)	Sulfur Content. ASTM Method D 129 or D 1552 shall be used to
determine the sulfur content.

The sulfur content and BTU content of the fuel shall be reported on a
dry basis. When the test methods described in Subparagraph (d)(1) or
(d)(2) of this Rule are used to demonstrate that the ambient air quality
standards for sulfur dioxide are being protected, the sulfur content
shall be determined at least once per year from a composite of at least
three or 24 samples taken at equal time intervals from the fuel being
burned over a three-hour or 24-hour period, respectively, whichever is
the time period for which the ambient standard is most likely to be
exceeded; this requirement shall not apply to sources that are only
using fuel analysis in place of continuous monitoring to meet the
requirements of Section .0600 of this Subchapter.

(e)  When compliance is shown for sulfuric acid manufacturing plants or
spodumene ore roasting plants with Rules .0517 and .0527, respectively,
of this Section through stack sampling, the procedures described in
Method 8 of Appendix A of 40 CFR Part 60 shall be used.  When Method 8
of Appendix A of 40 CFR Part 60 is used to determine compliance,
compliance shall be determined by averaging emissions measured by three
one-hour test runs unless otherwise specified in the applicable rule or
federal subpart.

(f)  When compliance is shown for a combustion source emitting sulfur
dioxide not covered under Paragraph (a) through (e) of this Rule through
stack sampling, the procedures described in Method 6 or Method 6C of
Appendix A of 40 CFR Part 60 shall be used.  When using Method 6
procedures to show compliance, compliance shall be determined by
averaging six 20-minute samples taken over such a period of time that no
more than 20 minutes elapses between any two consecutive samples.  The
20-minute run requirement only applies to Method 6 not to Method 6C. 
Method 6C is an instrumental method and the sampling is done
continuously.

 

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008. 

15A NCAC 02D .2612	NITROGEN OXIDE TESTING METHODS

(a)  Combustion sources not required to use continuous emissions
monitoring to demonstrate compliance with nitrogen oxide emission
standards shall demonstrate compliance with nitrogen oxide emission
standards using Method 7 or Method 7E of Appendix A of 40 CFR Part 60. 

(b)  Method 20 of Appendix A of 40 CFR Part 60 shall be used to
demonstrate compliance with nitrogen oxide emissions standards for
stationary gas turbines.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2613	VOLATILE ORGANIC COMPOUND TESTING METHODS

(a)  For surface coating material, such as paint, varnish, stain, and
lacquer, the volatile matter content, water content, density, volume of
solids, and weight of solids shall be determined by Method 24 of
Appendix A of 40 CFR Part 60.

(b)  For printing inks and related coatings, the volatile matter and
density shall be determined by Method 24A of Appendix A of 40 CFR Part
60.

(c)  For solvent metal cleaning equipment, the following procedure shall
be followed to perform a material balance test:

(1)	clean the degreaser sump before testing;

(2)	record the amount of solvent added to the tank with a flow meter;

(3)	record the weight and type of workload degreased each day;

(4)	at the end of the test run, pump out the used solvent and measure
the amount with a flow meter; also, estimate the volume of metal chips
and other material remaining in the emptied sump;

(5)	bottle a sample of the used solvent and analyze it to find the
percent that is oil  and other contaminants; the oil and solvent
proportions may be estimated by weighing samples of used solvent before
and after boiling off the solvent; and 

(6)	compute the volume of oils in the used solvent.  The volume of
solvent displaced by this oil along with the volume of makeup solvent
added during operations is equal to the solvent emissions.

(d)  For bulk gasoline terminals, emissions of volatile organic
compounds shall be determined by the procedures set forth in 40 CFR
60.503.

(e)  For organic process equipment, leaks of volatile organic compounds
shall be determined by Method 21 of Appendix A of 40 CFR Part 60. 
Organic process equipment includes valves, flanges and other
connections, pumps and compressors, pressure relief devices, process
drains, open-ended valves, pump and compressor seal system degassing
vents, accumulator vessel vents, access door seals, and agitator seals. 

(f)  For determination of solvent in filter waste (muck and distillation
waste) in accordance with Rule .0912 of this Section, the tester shall
derive the quantity of volatile organic compounds per quantity of
discarded filter muck.  The procedure to be used in making this
determination is the test method described by the American National
Standards Institute's "Standard Method of Test for Dilution of
Gasoline-Engine Crankcase Oils" (ASTM 322-67 or IP 23/68) except that
filter muck is to be used instead of crankcase oil. 

(g)  For sources of volatile organic compounds not covered under the
methods specified in Paragraphs (b) through (e) of this Rule, one of the
applicable test methods in Appendix M in 40 CFR Part 51 or Appendix A in
40 CFR Part 60 shall be used to determine compliance with volatile
organic compound emission standards.

(h)  Compounds excluded from the definition of volatile organic compound
under Rule .0901 of this Subchapter shall be treated as water.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2614	DETERMINATION OF VOC EMISSION CONTROL SYSTEM
EFFICIENCY

(a)  The provisions of this Rule are applicable to any test method
employed to determine the collection or control efficiency of any device
or system designed, installed, and operated for the purpose of reducing
volatile organic compound emissions. 

(b)  The following procedures shall be used to determine efficiency:

(1)	The volatile organic compound containing material shall be sampled
and analyzed using the procedures contained in this Section.

(2)	Samples of the gas stream containing volatile organic compounds
shall be taken simultaneously at the inlet and outlet of the emissions
control device.

(3)	The efficiency of the control device shall be expressed as the
fraction of total combustible carbon content reduction achieved.

(4)	The volatile organic compound mass emission rate shall be the sum of
emissions from the control device and emissions not collected by the
capture system.

(c)  Capture efficiency performance of volatile organic compound
emission control systems shall be determined using the EPA recommended
capture efficiency protocols and test methods as described in the EPA
document, EMTIC GD-035, "Guidelines for Determining Capture Efficiency."

(d)  The EPA document, EMTIC GD-035, "Guidelines for Determining Capture
Efficiency" cited in this Rule is hereby incorporated by reference
including any subsequent amendments or editions.  A copy of the
referenced materials may be obtained free of charge via the Internet
from the EPA TTN website at http://www.epa.gov/ttn/emc/guidlnd.html 
HYPERLINK "http://www.epa.gov/ttn/emc/guidlnd.html"   .

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.68;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2615	DETERMINATION OF LEAK TIGHTNESS AND VAPOR LEAKS

(a)  Leak Testing. One of the following test methods from the EPA
document "Control of Volatile Organic Compound Leaks from Gasoline Tank
Trucks and Vapor Collection System," EPA-450/2-78-051, published by the
U.S. Environmental  Protection Agency, December 1978, shall be used to
determine compliance with Rule .0932 Gasoline Truck Tanks And Vapor
Collector Systems of this Section:

(1)	The gasoline vapor leak detection procedure by combustible gas
detector described in Appendix B of EPA-450/2-78-051 shall be used to
determine leakage from gasoline truck tanks and vapor control systems.

(2)	The leak detection procedure for bottom-loaded truck tanks by bag
capture method described in Appendix C of EPA-450/2-78-051 shall be used
to determine the leak tightness of truck tanks during bottom loading. 

(b) Annual Certification. The pressure-vacuum test procedures for leak
tightness of truck tanks described in Method 27 of Appendix A of 40 CFR
Part 60 shall be used to determine the leak tightness of gasoline truck
tanks in use and equipped with vapor collection equipment. Method 27 of
Appendix A of 40 CFR Part 60 is changed to read:

(1)	8.2.1.2 "Connect static electrical ground connections to tank."

(2)	8.2.1.3 "Attach test coupling to vapor return line."

(3)	16.0 No alternative procedure is applicable. 

(c)  Copies of Appendix B and C of the EPA document, "Control of
Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor
Collection System," EPA-450/2-78-051, cited in this Rule, are hereby
incorporated with subsequent amendments and editions by reference and
are available on the Division's Website
http://daq.state.nc.us/enf/sourcetest. 

History Note:	Authority G.S. 143-215.3(a)(1), 143-215.107(a)(5);

Eff. June 1, 2008. 

15A NCAC 02D .2616	FLUORIDES

The procedures for determining compliance with fluoride emissions
standards shall be by using: 

(1)	Method 13A or 13B of Appendix A of 40 CFR Part 60 for sampling
emissions from stacks; or

(2)	Method 14 of Appendix A of 40 CFR Part 60 for sampling emissions
from roof monitors not employing stacks or pollutant collection systems.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008. 

15A NCAC 02D .2617	TOTAL REDUCED SULFUR

(a)  Method 16 of Appendix A of 40 CFR Part 60 or Method 16A of Appendix
A of 40 CFR Part 60 shall be used to show compliance with total reduced
sulfur emission standards.

(b)  Method 15 of Appendix A of 40 CFR Part 60 may be used as an
alternative method to determine total reduced sulfur emissions from tail
gas control units of sulfur recovery plants, hydrogen sulfide in fuel
gas for fuel gas combustion devices, and where specified in other
applicable federal subparts.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2618	MERCURY

Method 101 or 102 of Appendix b of 40 CFR Part 61 shall be used to show
compliance with mercury emission standards. 

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008. 

15A NCAC 02D .2619	ARSENIC, BERYLLIUM, CADMIUM, HEXAVALENT CHROMIUM

(a)  Method 29 of 40 CFR Part 60 of Appendix A shall be used to show
compliance for arsenic, beryllium, cadmium, and hexavalent chromium
metals emission standards. 

(b)  SW 846 Method 3060 shall be used for the analysis to differentiate
hexavalent from total chromium. The EPA publication SW-846, "Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods," cited in
this Rule is hereby incorporated by reference including any subsequent
amendments or editions. A copy of the EPA publication SW-846, "Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods," may be
obtained free of charge via the Internet from the EPA website at
http://www.epa.gov/epaoswer/hazwaste/test/sw846.htm.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008. 

15A NCAC 02D .2620	DIOXINS AND FURANS

Method 23 of Appendix A of 40 CFR Part 60 shall be used to show
compliance with polychlorinated dibenzo-p-dioxins and polychlorinated
dibenzofurans emission standards. 

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

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ere shall be a separate bag sample for each sampling train.  The bag
sample shall be analyzed with an Orsat analyzer by Method 3 of Appendix
A of 40 CFR Part 60.  (The number of analyses and the tolerance between
analyses are specified in Method 3.)  The specifications stated in
Method 3 for the construction and operation of the bag sampling
apparatus shall be followed.

(b)  A continuous oxygen (O2) and carbon dioxide (CO2) monitor under
Method 3E of Appendix A of 40 CFR Part 60 may be used if the average of
all values during the run are used to compute the average
concentrations.

(c)  The Director may approve the use of alternative methods according
to Rule .2602 of this Section if they meet the requirements of Method 3
of Appendix A of 40 CFR Part 60.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008. 

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