North Carolina Department of Environment and Natural Resources 

Division of Air Quality 

Michael F. Easley, Governor William G. Ross, Jr., Secretary 

B. Keith Overcash, P.E., Director 

January 3 1,2008 

Mr. J. I. Palmer, Jr. 

Regional Administrator 

U.S. Environmental Protection Agency, Region 4 

Atlanta Federal Center 

61 Forsyth Street, SW 

Atlanta, Georgia 30303-8909 

Subject: State Implementation Plan Revisions -i 

Dear Mr. Palmer: 

On July 1 1,2007, the Environmental Management Commission (EMC) amended 15A NCAC 02D 

.0902, .OW, .1402, .1403, and 15A NCAC 024.0207, which were the subject of public hearing held on 

March 14,2007. 

Enclosed is the hearing record for this hearing. Please proceed to approve the aforementioned rules 

and amendments as part of the federally-approved State Implementation Plan. These rules are enclosed. 

The enclosure includes a hard copy of the rules and amendments that are identical to the pdf files 

recorded on the cd. 

If you need any other information or documentation, or have any questions, please let us know as soon 

as possible. You may contact Mr. Michael Abraczinskas at 919-715-3743. 

Sincerely, 

B. ~efi Overcash, P.E. 

enclosure 

cc: Richard A. Schutt 

Hearing Record File 

1641 Mail Senrice Center, Raleigh, North Carolina 27699-1641 

p7'3 Capital Blvd., Raleigh, North Carolina 27604 

s: 919-715-7670 1 FAX 9147157476 1 Internet: www.wir.org 

3pportunrtylAffinnative Action Employer - 50% Recycled/lO% Post Consumer Paper 

STATE OF NORTH CAROLINA 

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 

DIVISION OF AIR QUALITY 

REPORT OF PROCEEDINGS OF PUBLIC HEARING 

ON PROPOSED AMENDMENTS TO RULES 

15A NCAC 02D .0902, .0909, ,1402, .l4O3, 

AND 15A NCAC 02Q .0207 

CHARLOTTE, NORTH CAROLINA 

March 14, 2007 

ENVIRONMENTAL MANAGEMENT COMMISSION 
This page is intentionally blank 
CHAPTER I 

Summaries and Recommendation for Amendments to 

Rules 15A NCAC 02D .0902, .0909, .1402, .1403 and 02Q .0207. 

BACKGROUND AND SUMMARY 

The US Environmental Protection Agency (EPA) has declared that the counties in the 

Charlotte area are in nonattainment for ozone national ambient air quality standards. These 

counties are Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union, plus the townships 

of Davidson and Coddle Creek in Iredell County. EPA requires a pre-adopted contingency 

plan to be part of the State Implementation Plan (SIP) before it will approve an ozone 

nonattainment area plan. Sections 1 10 (a)(l ) and 175A of the Clean Air Act require 

maintenance plans with contingency measures. 

The purpose of the contingency plan is to apply additional controls quickly and without 

rulemaking on sources if the nonattainment area plan fails to achieve compliance with the 

ambient are quality standard. Amendments are proposed for to Rules 15A NCAC 02D .0902, 

.0909, .1402, and .I403 and 15A NCAC 02Q .0207. These rule changes are being proposed 

to meet EPA requirements for a complete State Implementation Plan (SIP) submittal for the 

Charlotte ozone nonattainment SIP. 

The applicability rules for volatile organic compounds (VOC) reasonably available control 

technology (RACT) (15A NCAC 02D .0902) and for nitrogen oxides (NOx) RACT ( 15A 

NCAC 02D .1402) are proposed to be amended to require facilities with the potential to emit 

are between 50 and 100 tons per year of VOCs or NOx to apply VOC or NOx RACT as 

appropriate. Facilities whose emissions of VOCs or NOx are greater than 100 tons per year 

are already required to apply RACT in addition to the applicability rule for NOx, this requires 

amending the compliance schedule rule, 15A NCAC 02D ,1403. For VOC, it requires 

amending the compliance schedule rule, .0909. 15A NCAC 02Q .0207 is proposed to be 

amended to include the requirement that facilities in the Charlotte ozone nonattainment area 

with actual emissions of 25 tons per year or more of NOx or VOC shall report them. 

Ozone is not a pollutant emitted directly into the atmosphere. Ozone is the product of a 

complex series of chemical reactions initiated when VOCs and NOx emissions are exposed to 

sunlight. "VOC" is a general term for a wide range of hydrocarbons, which come from 

combustion processes, gasoline vapors, solvents, etc. Nitrogen oxides form when fuel is burned 

at high temperatures, as in a boiler or engine. The primary manmade sources of NOx are 

motor vehicles, electric utilities, and other industrial, commercial, and residential sources that 

burn fuels. RACT is the technology required for existing major sources in nonattainment 

areas. RACT typically reflects controls that EPA has identified in Control Technique 

Guidelines (CTG) or other guidance. 

The potential to emit is defined as the maximum capacity of a source to emit any air pollutant 

under its physical and operational design. Potential to emit refers to the greatest amount of a 

pollutant that equipment could release into the air (even if it has never actually emitted the 
highest amount). Potential to emit considers the design of the equipment and any physical or 

operational limitation on the capacity of a source to emit an air pollutant, including air 

pollution control equipment, restrictions on the hours of operations, or on the type or amount 

of material combusted, stored, or processed. 

15A NCAC 02D .0902, Applicability, describes sources required to install and operate 

RACT for VOC. It is proposed to be amended to cover facilities with the potential to emit 

between 50 and 100 tons volatile organic compounds (VOC) per year in the following areas: 

Cabarrus County, Gaston County, Lincoln County, Mecklenburg County, Rowan County, 

Union County, and Davidson Township and Coddle Creek Township in Iredell County. 

Amendments to this rule describe additional VOC sources covered and actions to be taken if 

EPA redesignates the Charlotte ozone nonattainment area as serious. 

15A NCAC 02D .0909, Compliance Schedules For Sources In New Nonattainment 

Areas, adds VOC RACT compliance schedules if EPA redesignates the Charlotte ozone 

nonattainment area as serious. 

15A NCAC 02D .1402, Applicability, describes sources required to install and operate 

RACT for NOx. It is proposed to be amended to cover facilities with the potential to emit 

,[ between 50 and 100 tons of NOx per year. The amendments describe actions to be taken if 

EPA notifies the State that the Charlotte ozone nonattainment area has failed to attain 

compliance with the ozone standard. 

15A NCAC 020 ,1403, Compliance Schedules, adds NOx RACT compliance schedules for 

the Charlotte ozone nonattainment area if the ozone nonattainment plan fails to attain 

compliance. 

15A NCAC 02Q ,0207, Annual Emissions Reporting, is proposed to be amended to 

include the requirement that facilities in the Charlotte ozone nonattainment area with actual 

emissions of 25 tons per year or more of NOx or VOC shall report those emissions of NOx 

and VOC during the previous calendar year. 

PUBLIC COMMENTS AND RESPONSES THERETO 

Comment: 

Response: 

Comment: 

Chuck Greco, Mecklenburg County Land Use and Environmental Services 

Agency, recommends replacing the term "source" with "facility" in Paragraphs 

15A NCAC 02D .0902(f) and (i) and in .1402(d) and (g) to avoid confusion. 

The recommended changes are made in the four paragraphs. Under the State's 

terminology, "facility" covers the entire plant site and is generally equivalent to 

EPA's use of "source." The intent is for the RACT rules to apply if the plantwide emissions exceed the threshold. 

Staff recommends changing the date in Subparagraph 15A NCAC 02D 

.1403(e)(2) from 2008 to 2007 to correct a typographical error. 
Response: Date corrected. 

SUMMARY OF COMMENTS AND RESPONSES 

Comments Response 

Replace the term "source" with "facility" Changes made to appropriate paragraphs 

Change the date in Subparagraph 15A Typographic error corrected 

NCAC 02D . l403(e)(2) from 2008 to 2007 

CONCLUSION 

One person comments on rule clarity. Staff found a date typographic error. The term "source" 

was appropriately replaced with "facility." The typographic error was corrected. 

HEARING OFFICER'S RECOMMENDATION 

The Hearing Officer recommends that the proposed amendments, as presented in Chapter I1 

of this hearing report, be adopted by the Environmental Management Commission. 
This page is intentionally blank. 
CHAPTER I1 

Regulations Proposed for Amendment 

15A NCAC 02D ,0902 is proposed for amendment as follows: 

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)(l) 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. ,,ami! pGya...;*=r, 2 * .... :+ : LL,?", (f) The Rules in this Section apply to ~,&aclhes 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 lredell 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. 

li) 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 1?;,:'$1 facilifiles in 

Cabarrus, Gaston, Lincoln, Mecklenburq, Rowan, and Union Counties and Davidson and Coddle Creek 

townships in lredell County with the potential to emit at least 50 tons but less than 100 tons of volatile 

organic compounds per year. Within 60 davs of the reclassification, the Director shall notice the -. --.I . applicabilitv of these rules to these -.. 1 fadl%ies in the North Carolina Reqister and shall send written 

notification to all permitted facilities within the counties in which the rules are beinq implemented that are 

or may be subiect to the requirements of this Section informinq them that they are or may be subiect to 

the requirements of this Section. (For Mecklenburq County, "Director" means for the purpose of notifyinq 

permitted facilities in Mecklenburq County, the Director of the Mecklenburq County local air pollution 

control program.) Compliance shall be accordinq to Rule ,0909 of this Section. 

0 (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, .I 110, or 

.I 11 1 of this Subchapter. 

History Note: Authority G. S. 143-21 5.3(a)(I); 143-21 5.1 O7(a) (5); 

Eff. July 1, 1979; 

Amended Eff. ; March I, 2007; August I, 2004; July 1, 2000; April 1, 1997; July 

1, 1996; July 1, 1995; May 1, 1995; July 1, 1994. 
15A NCAC 02D .0909 is proposed for amendment as follows: 

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 (9, (g), e~+$ (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 a~eas: area and Charlotte ozone nonattainment area continqencv plan. The owner or 

operator of any source subject to this Rule because of the application of Paragraph (&G-@) LC!)? (h), or 

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: 

0) 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: 

0) 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: 

(0 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 I, 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 a~eas: 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) Nonattainrnent 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& area and Charlotte ozone nonattainment area continqency 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 fq), (h), or (il (gjw-@j 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 
(2) 

History Note: 

upon start-up of the source. 

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. 

Authority G. S. 743-21 5.3(a)(l); 143-21 5.1 O7(a)(5); 

EK July 1, 1979; 

Amended EK ; March 1, 2007; July 1, 2000; April 1, 1997; July I, 1995; July 1, 

1994; July 1, 1988; January 1, 1985. 

15A NCAC 02D .A402 is proposed for amendment as follows: 

15A NCAC 02D .I402 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) Rules .1409(b) and.1416 through ,1423 of this Section apply statewide. 

(d) The Rules .I407 through .I409 and ,1413 of this Section apply to facilitis 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 lredell 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. 

[q) If EPA notifies the State that its nonattainment plan for ozone has failed to attain the ambient air 

qualitv standard for ozone in the Charlotte-Gastonia-Rock Hill ozone nonattainment area, the rules in this 

Section shall apply to sources in Cabarrus, Gaston, Lincoln, Mecklenburq, Rowan, and Union Counties 

and Davidson and Coddle Creek townships in lredell County with the potential to emit at least 50 tons but 

less than 100 tons of nitroqen oxides per vear. Within 60 days of receipt of the notification from EPA, the - .._. . ..- 

Director shall notice the applicability of these rules to these I '1:facilities in the North Carolina Reqister 

and shall send written notification to all permitted facilities within the counties in which the rules are being 

implemented that are or may be subiect to the requirements of this Section informinq them that thev are or 

mav be subiect to the requirements of this Section. (For Mecklenburq Countv, "Director" means for the 

purpose of notifyins permitted facilities in Mecklenburq Countv, the Director of the Mecklenburq Countv 

local air pollution control program.) Compliance shall be accordinq to Rule .I403 of this Section. 

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 Rules ,1416, .1417, or .1418, 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 = 833,3331 ES 

(B) for natural gas-fired engines: 

t = 700,280 / ES 

where t equals time in hours and ES equals engine size in horsepower. 

This exemption shall not apply to any of the sources listed in Rules .1417(a)(l) or (2) or .1417(b) 

of this Section except that it shall apply to: 

(7) stationary combustion turbine constructed before January 1, 1979, that has 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) (l)(ii) and (iii). 

History Note: Authority G. S. 143-21 5.3(a) (1); 143-21 5.1 O7(a)(5), (7), (1 0); 

Eff. April 1, 1995; 

Amended Eff. April 1, 1997; July I, 1995; April 1, 1995; 

Temporary Amendment Eff. November 1, 2000; 

Amended ER April 1, 2001; 

Temporary Amendment Eff. August 1, 2001; 

Amended Eff. ; March 1, 2007; July 18, 2002. 

15A NCAC 02D ,1403 is proposed for amendment as follows: 

15A NCAC 02D .I403 COMPLIANCE SCHEDULES 

(a) Applicability. This Rule applies to sources covered by Paragraph (d), (e), QF-0 if), or (4) of Rule .I402 
.I402 of this Section. 

(b) Maintenance area and Charlotte ozone nonattainment area continqencv plan. The owner or 

operator of a source subject to this Rule because of the applicability of Parasraph fe) 

fKfq le), (f), or (9) of Rule .I402 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 .I415 

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: 

0) 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)(l) 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 .I410 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 ,141 1 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 ,141 1 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 .I402 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 I, 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)(l) 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 .I41 1 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 .I41 1 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 aea& area and Charlotte ozone nonattainment area continqencv 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. 
11 - 13 

(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. 

Maintenance xea& area and Charlotte ozone nonattainment area continqencv 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 Paagmp& Paraqraph (e), 

(f), or (4) o-eF@ 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. 

Nonattainment areas. The owner or operator of any new source of nitrogen oxides not 

permitted before March 1, @@&&= 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. 

Authority G.S. 143-215.3(a)(l); 143-215.65; 143-215.107(a)(5), (7), (10); 

Eff. April 1, 1995; 

Amended Ef April 1, 1997; 

Temporary Amendment Eff. November 1, 2000; 

Amended Ef April 1, 2001; 

Temporary Amendment Eff. August 1, 2001; 

Amended Eff. March 1, 2007; July 18, 2002. 

15A NCAC 02Q is proposed for amendment as follows: 

15A NCAC 02Q .0207 ANNUAL EMISSIONS REPORTING 

(a) The owner or operator of a Title V facility shall report by June 30th of each year the actual emissions 

during the previous calendar year of: 

(1) volatile organic compounds, 

(2) nitrogen oxides, 

(3) total suspended particulates, 

(4) sulfur dioxide, 

(5) fluorine, 

(6) hydrogen chloride, 

(7) hydrogen fluoride, 

(8) hydrogen sulfide, 

(9) methyl chloroform, 
(1 0) methylene chloride, 

(1 1) ozone, 

(1 2) chlorine, 

(1 3) hydrazine, 

(14) phosphine, 

(1 5) particulate matter (PMIO), 

(16) carbon monoxide, 

(17) lead, and 

(1 8) perchloroethylene. 

(b) The owner or operator of a facility not included in Paragraph (a) of this Rule, other than a 

transportation facility, that has actual emissions of 25 tons per year or more of nitrogen oxides or volatile 

organic compounds 0 

4 EJc . . 

shall report by June 30th of each year the actual emissions of nitrogen oxides and volatile organic 

compounds during the previous calendar year- year, if the facilitv is in: 

Cabarrus County, 

Davidson County, 

Durham County, 

Forsyth County, 

Gaston County 

Guilford County, 

Lincoln County 

Mecklenburg County 

Rowan County 

Union County 

Wake County, 

Davidson Township and Coddle Creek Township in lredell County 

Dutchville Township in Granville County, or 

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) The report shall be in or on such form as may be established by the Director. The Director may require 

reporting for sources within a facility, for other facilities, or for other pollutants, parameters, or information, 

by permit condition or pursuant to 15A NCAC 02D ,0202 (Registration of Air Pollution Sources). T4.s 

{ . . . . The accuracy of the report 

required by Paraqraph (a) of this Rule shall be certified by a responsible official of the facility as defined 

under 40 CFR 70.2. 
bv Paragraph (a) of this Rule shall be certified by a responsible official of the facility as defined under 40 

CFR 70.2. 

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

permanent rule is effective, whichever is sooner; 

Authority G. S. 143-21 5.3(a)(l), (1 a), (lb), (1 d); 143-21 5.65; 143-21 5.107; 1438-282; 

1508-21.6; 

Eff. July I, 1994; 

Amended Eff. ; July 1, 1998; July 1, 1996. 
This page is intentionally blank. 
CHAPTER I11 

REPORT OF PROCEEDINGS 

Introduction 

The Department of Environmental and Natural Resources, Division of Air Quality held a 

public hearing on March 14, 2007, at 7:00 P.M. in Chamber Room CH-14 at the CharlotteMecldenburg Government Center at 600 East 4th Street, Charlotte, North Carolina. The 

hearing considered amendments to rules 15A NCAC 2D .0902, . 0909, .1402, .I403 and 15A 

NCAC 2Q .0207. 

A public notice announcing this hearing was mailed to each person on the official mailing list 

for rule-making hearings. The public notice was also published in the North Carolina Repster at 

least 20 days before the public hearing and in the Charlotte Observer, the Wilmington Star News, 

the Asheville Citizen Times, the Winston Salem Journal, and the Raleigh News and Obsewer at least 

30 days prior to the public hearing. 
s -a 

ENVIRONMENTAL MANAGEMENT COMMISSION David H. tvloreau 

Chairman 

Charles Petersor 

NORTH CAROLINA Vice Chairman 

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 

Michael F. Easley, Governor 

William G. Ross Jr., Secretary Donnie Brewer Kevin Martin 

John S. Curry Dickson Phillips Ill 

Marion Deerhake Frank Shaw 

Tom Ellis Stephen Smith 

John R. Gessaman Kenny Waldroup 

E. Leo Green, Jr. Steven D. Weber 

Freddie Harrill Forrest R. Westall, Sr. 

February 6, 2007 

MEMORANDUM 

TO: Mr. Steven D. Weber 

From: Dr. David Morea &d." 

Subject: Hearing Officer Appointment 

One public hearing has been scheduled for March 14, 2007 in Charlotte, North Carolina. It will 

begin at 7:00 p.m. The attached public notice describes the purpose of these hearings. 

I am hereby appointing you to serve as hearing officer for this hearing. Please receive all relevant 

public comment and report your findings and recommendations to the Environmental Management 

Commission. Mr. Thomas Allen will provide staff support for you, 

If you have any questions, please feel fiee to contact Thomas Allen at (919) 733-1489 or me. 

Attachment: 

cc: Keith Overcash 

Lois Thomas 

Hearing Record File 

An Equal Opportunity Affirmative Action Employer 
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 

PUBLIC NOTICE 

Notice is hereby given for public hearings to be heard by the North Carolina Department 

of Environment and Natural Resources, Division of Air Quality concerning the proposed 

Amendments to Various Air Quality Ruies. 

PURPOSE: To receive comments on proposed amendments to 

the control of NO2 and NOx rules, new source 

performance standard rule, incorporate contingency 

provisions for RACT for VOC and NOx for the 

Charlotte nonattainment area for ozone, fugitive dust 

rule, certification of leak tightness tester rule, open 

burning rules, banking applicability rule, permitting 

rules; proposed adoption of the other solid waste 

incinerator rule and a new open burning rule; and 

proposed repeal of automobile tailpipe emission 

standards rule and initial Title V permit application 

submittal rule. 

NOTE: The proposed adoptions considered in this 

hearing, if adopted, will be effective statewide; if they 

are later adopted by a local air pollution control 

agency, then that agency will enforce them in its area 

of jurisdiction. 

DATES AND LOCATION: March 14,2007,7:00 P.M. 

C hartotte-Wlecklenburg Government Center 

Room CH-14 

600 East 4th Street 

Charlotte, NC 28202 

COMMENT PROCEDURES: All persons interested in these matters are invited to 

attend the public hearing. Anv person desirin~ to 

comment is requested to submit a written 

statement for inclusion in the record of 

proceedings at the public hear in^. The hearing 

officer may limit oral presentation lengths if many 

people want to speak. The hearing record will remain 

open until April 16, 2007, to receive additional written 

statements. To be included, the statement must be 

received by the Division by April 16, 2007. 

INFORMATION: Copies of the proposed rule changes may be 

downloaded at http://daq.state.nc.us/Rules/Hearing/ 
Copies of the proposals may also be reviewed at the 

regional offices of the North Carolina Department of 

Environment and Natural Resources, Division of Air 

Quality, located at the following cities: 

Asheville 8281296-4500 

Fayetteville 91 01486-1541 

Mooresville 7041663-1 699 

Raleigh 919ff91-4200 

Washington 2521946-648 1 

Wiimington 91 Off96-7215 

Winston-Salem 336ff71-4600 

Comments should be sent to and additional 

information concerning the hearings or the proposals 

may be obtained by contacting: 

Mr. Thomas C. Allen 

Division of Air Quality 

1641 Mail Service Center 

Raleigh, North Carolina 27699-1 641 

(91 9) 733-7 489 Phone 

(9 1 9) 7 1 5-7476 Fax 

thorn .alien@ncmail. net 
111 - 5 

Transcript 

A transcript of the March 14, 2007 hearing has not been prepared; however, a tape recording 

of the proceedings will be kept on file with the Division of Air Quality for one year from the 

date of the final actions by the Environmental Management Commission. 

A list of those attending the hearing follows. 

Hearing Officer: 

Mr. Steven D. Weber, member of the Environmental Management Commission 

Staff Members: 

Thomas Allen, DAQ, DENR 

Paul Grable, DAQ, DENR 

Glenn Sappie, DAQ, DENR 

Members of the General Public: 

Brian North, Manager of Engineering Services with Martin Marietta 

Jasper G. Stem, JR., P.E., North Carolina Aggregates Association 

Andy Zoutello, Chairman, Mecklenburg County Environmental Policy Coordinating 

Council 

Randy Poole, Mecklenburg County Air Quality Supervisor 

Chuck Greco, Mecklenburg County Air Quality Specialist 
This page is intentionally blank. 
-*1 

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 

PUBLIC NOTICE 

Notice is hereby given for public hearings to be heard by the North Carolina Department 

of Environment and Natural Resources, Division of Air Quality concerning the proposed 

Amendments to Various Air Quality Rules. 

PURPOSE: To receive comments on proposed amendments to 

the control of NOz and NOx rules, new source 

performance standard rule, incorporate contingency 

provisions for RACT for VOC and NOx for the 

Charlotte nonattainment area for ozone, fugitive dust 

rule, certification of leak tightness tester rule, open 

burning rules, banking applicability rule, permitting 

rules; proposed adoption of the other solid waste 

incinerator rule and a new open burning rule; and 

proposed repeal of automobile tailpipe emission 

standards rule and initial Title V permit application 

submittal rule. 

NOTE: The proposed adoptions considered in this 

hearing, if adopted, will be effective statewide; if they 

are later adopted by a local air pollution control 

agency, then that agency will enforce them in its area 

of jurisdiction. 

DATES AND LOCATION: March 14, 2007,7:00 P.M. 

Charlotte-Mecklenburg Government Center 

Room CH-14 

600 East 4th Street 

Charlotte, NC 28202 

COMMENT PROCEDURES: All persons interested in these matters are invited to 

attend the public hearing. Any person desiring to 

comment is requested to submit a written 

statement for inclusion in the record of 

proceedings at the public hearing. The hearing 

officer may limit oral presentation lengths if many 

people want to speak. The hearing record will remain 

open until April 16, 2007, to receive additional written 

statements. To be included, the statement must be 

received by the Division by April 16, 2007. 

INFORMATION: Copies of the proposed rule changes may be 

downloaded at http:lldaq .state.nc.us/Rules/Hearing/ 
Copies of the proposals may also be reviewed at the 

regional offices of the North Carolina Department of 

Environment and Natural Resources, Division of Air 

Quality, located at the following cities: 

Asheville 8281296-4500 

Fayetteville 91 01486-1 541 

Mooresville 7041663-1 699 

Raleigh 919ff91-4200 

Washington 2521946-648 1 

Wilmington 9 1 01796-72 1 5 

Winston-Salem 336177 1 -4600 

Comments should be sent to and additional 

information concerning the hearings or the proposals 

may be obtained by contacting: 

Mr. Thomas C. Allen 

Division of Air Quality 

1641 Mail Service Center 

Raleigh, North Carolina 27699-1641 

(91 9) 733-1489 Phone 

(9 1 9) 7 1 5-7476 Fax 

thom.allen@ncmail.net I? 

DATE: 

Note: If you wish to receive a copy of the rules resulting from the hearing, legibly print 

your name and mailing address on the back of the enclosed card and return to 

the addressee. 

Copies of the proposed rule changes can be obtained at no cost by contacting 

Mr. Thomas Allen at the telephone number above. Copies of the proposed rule 

changes may also be downloaded at http:/ldaq.state.nc.us/Rules/Hearingl 
Exhibit 2 

Proposed Regulation and Amendments as Presented at the Hearing 

TITLE 15A - DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-21.2 that the Environmental 

Management Commission intends to adopt the rules cited as 15A NCAC 020 .I21 1, .1907, 

amend the rules cited as 15A NCAC 020 .0516, .0519, .0521, .0524, .0540, '0902, .0909, 

.0960, .I201 - .1202, .lZO8, .I402 - .l4O3, .I901 - .l9O4, .2303; 02Q .0102, .0207, and 

repeal the rules cited as 15A NCAC 020 .1004; 02Q ,0506. 

Proposed Effective Date: July 1, 2007 

Public Hearing: 

Date: March 14, 2007 

Time: 7.00 p.m. 

Location: Charlotte-Mecklenburg Government Center, 600 East 14'~ Street, Charlotte, NC 

28202 

Reason for Proposed Action: 

15A NCAC 020.0902, .0909, ,1402, and .I403 to implement reasonable available control 

technology rules for volatile organic compounds and nitrogen oxides in the Charlotte ozone 

nonattainment area ij' the state implementation plan fails to bring that area into compliance 

with the ozone standard. 

Procedure by which a person can object to the agency on a proposed rule: Anyperson 

desiring to comment is requested to submit a written statement for inclusion in the record of 

proceedings at the public hearing. The hearing officer may limit oral presentation lengths if 

many people want to speak. The hearing record will remain open until April 16, 2007, to 

receive additional written statements. To be included, the statement must be received by the 

Division by April 16, 2007. 

Comments may be submitted to: Thomas Allen, 1641 Mail Service Center, Raleigh, NC 

27699-1 641, phone (91 9) 733-1 489, fax (91 9) 71 5- 7476, email thom.allen@ncmail.net 

Comment period ends: April 16, 2007 

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not 

resolved prior to the adoption of the rule, a person may also submit written objections to the 

Rules Review Commission. If the Rules Review Commission receives written and signed 

objections in accordance with G.S. 15OB-21.3(b2) from 10 or more persons clearly 

requesting review by the legislature and the Rules Review Commission approves the rule, the 

rule will become effective as provided in G.S. 150B-21.3(bl). The Commission will receive 

written objections until 5:00 p.m. on the day following the day the Commission approves the 

rule. The Commission will receive those objections by mail, delivery service, hand delivery, 
or facsimile transmission. If you have any further questions concerning the submission of 

objections to the Commission, please call a Commission staff attorney at 919-733-2721. 

Fiscal Impact: A copy of the fiscal note can be obtained from the agency. 

State 

Local 

Substantive (~$~,ooo,ooo) 

None 15A NCAC 020 .0902, .0909, .I402 - .l4O3, 

CHAPTER 02 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 02D - AIR POLLUTION CONTROL REQUIREMENTS 

SECTION .0900 - VOLATILE ORGANIC COMPOUNDS 

NOTE: The italicized language has been adopted by the agency and is awaiting approval by 

the RRC. 

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 I5 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 notfor-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. 
IV- 5 

(d) Rule .0953, Vapor Return Piping for Stage I1 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 

these Rules before July 5, 1995: 

(1) .0917 through .0937 ofthis Section, or 

(2) .0943 through .0945 of this Section, 

shall continue to comply with those Rules. 

@ The Rules in this Section apply to sources 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 nonattainrnent area as serious 

for ozone under Section 182 of the federal Clean Air Act, the rules in this Section shall apply 

to sources in Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and 

Davidson and Coddle Creek townships in lredell 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 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 subiect to the 

requirements of this Section informing them that they are or may be subiect to the 

reauirements of this Section. (For Mecklenburg County, "Directorflmeans for the pumose of 

notifving permitted facilities in Mecklenburg Counw, the Director of the Mecklenburg 

County local air pollution control program.) Compliance shall be according to Rule .0909 of 

this Section. 

@a 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 .l111 of this Subchapter. 

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

NOTE: The italicized language has been adopted by the agency and is awaiting approval by 

the RRC. 

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 Paragraphs (f), (g),-e++(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 m. area and Charlotte ozone nonattainment area contingency plan. The 

owner or operator of any source subject to this Rule because of the application of Paragraphs 

(&-m++ Iff), (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 ofthe 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 itr resolves a violation of the 

ambient air quality standardfor ozone. 

(3) The owner or operator shall certlfi to the Director within fie days afier each increment deadline of 

progress in this Paragraph, whether the required increment ofprogress has been met. 

(d) Nonattainment areas. The owner or operator of any source subject to this Rule because 

of the application of Paragraphs fl of Rule .0902 of this Section shall adhere to the 

following increments ofprogress and schedules: 

(I) if compliance is to be achieved by installing emission control equipment, replacing process 

equipment, or modzfiing 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 ofprogress: 

(i) a date by which contracts for the emission control system andprocess 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 installafion of the emission control and 

process equipment shall be completed; 

(C) Final compliance shall be achieved no later than April 1, 2009. 

(2) ifcompliance is to be achieved by using low solvent confent 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 ifthe Director determines that low solvent content coating technology 

has not been suficiently researched and developed; 

(ii) a date by which evaluation ofproduct quality and commercial acceptance shall be 

completed; 
IV- 8 

(iil) a date by which purchase orders shall be issued for low solvent content coatings 

and process modtfications; 

(iv) a date by which process modifications shall be initiated; and 

(v) a date by which process rnodfications 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 certzjj to the Director within frve days aper the deadline, for each 

increment ofprogress in this Paragraph, whether the required increment ofprogress 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. 

fl 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 

implementation of rules in the North Carolina Register that resolves a violation of the ambient air 

quality standard for ozone. 

(2) Nonattainment areas. Paragraphs (4 ofthis Rule shall not apply to sources in an area named in 

Paragraph Ifl ofRule .a902 of this Section that are in compliance with applicable rules ofthisSection 

on March I, 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 k), (h), or (i) &e+of Rule .0902 of this Section the implementation of rules in the 

North Carolina Register that resolves a violation of the ambient air quality standardfor ozone, shall 

comply with all applicable rules in this Section upon start-up of the source. 

(2) Nonattainmenf 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 0 ofRule 

0902 shall compb with all applicable rules in this Section upon start-up of the source. 

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

SECTION .I400 - NITROGEN OXIDES 

NOTE: The italicized language has been adopted by the agency and is awaiting approval by 

the RRC. 

15A NCAC 02D .I402 APPLICABILITY 

(a) The rules in this Section do not apply except as specijkally set out in this Rule. 

(3) The requirements of this Section shall apply to all sources May 1 through September 30 

of each year. 

(c) Rules . l409(b) and. 141 6 through .I423 of this Section apply statewide. 

(i T%e Rules .I407 through .I409 and. 1413 of this Section apply to sources 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 ths 

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 .I403 of this Section. 

(j7 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 .I403 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 nonattainrnent area, the rules in this Section shall 

apply to sources in Cabarms, Gaston, Lincoln, Mecklenburn, 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 
IV- 10 

subiect to the requirements of this Section informing them that they are or may be subiect to the requirements 

of this Section. (For Mecklenburg County, "Director" means for the purpose of notifving permitted facilities in 

Mecklenburg County. the Director of the Mecklenburg County local air pollution control program.) 

Compliance shall be according- to Rule .I403 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 024 .0102 or is an insignificant activity 

as defined at 15A NCAC 024 .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 Rules .I4 16, .I4 17, or .14 18, 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 = 833,3331 ES 

(B) for natural gas-fired engines: 

t = 700,280 / ES 

where t equals time in hours and ES equals engine size in horsepower. 

This exemption shall not apply to any of the sources listed in Rules .14 17(a)(l) or (2) or. 141 7(b) ofthis Section 

except that it shall apply to: 

(7) stationary combustion turbine constructed before January 1, 1979, that has 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) (l)(ii) and (iii). 

Authority G.S. 143-215.3(a)(l); 143-215.107(~)(5), (7), (10). 

NOTE: The italicized language has been adopted by the agency and is awaiting approval by 

the RRC. 

15A NCAC 02D .I403 COMPLIANCE SCHEDULES 

(a) Applicability. This Rule applies to sources covered by Paragraph (d), (e), (0, or CFZJ of 

Rule .I402 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 #a 

(0, or (E) of Rule .I402 of this Section, shall adhere to the following increments ofprogress 

and schedules: 

(I) 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 .I415 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 .I404 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: 

6) 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 .14 12 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 .I41 0 of this Section: 

(A) The owner or operator shall abide by the applicable requirements of Subparagraphs (b)(l) 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 .I41 0 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 .I41 1 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 

.I411 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 modijkation: 

(A) The owner or operator shall notzfi 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 .I404 of this Section, by January 1, 2008. 

(2) Ifcompliance with this Section is to be achieved through the installation of combustion modzfication 

technology or other source modrfication: 

(A) The owner or operator shall submit a permit application and a compliance schedule by 

August 1, 2007. 
IV- 12 

(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 modtjication shall begin; 

(iii) a date by which installation of the modijication shall be completed; and 

(iv) ifthe source is subject to a limitation, a date by which compliance testing shall be 

completed. 

(C) Final compliance shall be achieved no later than April 1, 2009. 

If compliance with this Section is to be achieved through the implementation of an emissions 

averagingplan as provided for in Rule . I41 0 of this Section: 

(A) The owner or operator shall abide by the applicable requirements ofSubparagraph (c)(l) or 

(c)(2) ofthis Rule for certification or modgfication 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 .I410 of this Section by August 1, 2007. 

(C) Final compliance shall be achieved within one year no later than January I, 2008. 

If compliance with this Section is to be achieved through the implementation of a seasonal fuel 

switching program as provided for in Rule .I41 I of this Section: 

(A) The owner or operator shall make all necessary modfiations 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 I, 2009. 

Increments ofprogress cert1jication. The owner or operator shall certtfy to the Director, within fwe 

days ajter the deadline for each increment of progress in this Paragraph, whether the required 

increment of progress has been met. 

(d) Sources already in compliance. 

(I) 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 Secfion when the 

Director notices the implementation of rules in the North Carolina Register that resolvesa 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 ofrules in 

the North Carolina Register that resolves a violation of the ambient air quality standardfor 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. 

(I) 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 le), (0, or (& of Rule .I402 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 .I41 8 ofthis Section shall comply with all 

applicable rules in this Section upon start-up of the source. 

(2) Nonattainrnent areas. The owner or operator of any new source of nitrogen oxides not permitted 

before March 1, 2008 in an area identified in Paragraph (4 of Rule ,1402 of this Section, shall 

cornpi) with all applicable rules in this Section upon start-up of the source. 

Authority G.S. 143-215.3(a)(l); 143-215.65; 143-215.107(a)(5), (7), (10). 

15A NCAC 02Q .0207 ANNUAL EMISSIONS REPORTING 

(a) The owner or operator of a Title V facility shall report by June 30th of each year the 

actual emissions during the previous calendar year of: 

(I) volatile organic compounds, 

(2) nitrogen oxides, 
IV- 13 

(3) total suspended particulates, 

(4) sulfur dioxide, 

(5) fluorine, 

(6) hydrogen chloride, 

(7) hydrogen fluoride, 

(8) hydrogen sulfide, 

(9) methyl chloroform, 

(1 0) methylene chloride, 

(1 1) ozone, 

(12) chlorine, 

(1 3) hydrazine, 

(14) phosphine, 

(1 5) particulate matter (PMI 0), 

(16) carbon monoxide, 

(17) lead, and 

(1 8) perchloroethylene. 

/b) The accuracy of the report required by Paragraph (a) of this Rule shall be certified by a 

responsible official of the facility as defined under 40 CFR 70.2. 

3@J The owner or operator of a facility not included in Paragraph (a) of this Rule, other than 

a transportation facility, that has actual emissions of 25 tons per year or more of nitrogen 

oxides or volatile organic compounds shall report by June 30th of each year the actual 

emissions of nitrogen oxides and volatile organic compounds during the previous calendar 

year, if the facility is in: 

(1) Cabarrus County, 

(2) Davidson County, 

(3) Durham County, 

(4) Forsyth County, 

(5) Gaston County, 

(6) Guilford County, 

(7) Lincoln County, 

(8) Mecklenburg County, 

(9) Rowan County, 

(1 0) Union County, 

J 1 1 ) Wake County, 

(12) Davidson Township and Coddle Creek Township in Iredell Countv, 

(13) Dutchville Township in Granville County, or 

(14) that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 

801, Fulton Creek and back to the Yadkin River. 

/d) The annual reporting requirement under Paragraph (c) of this Rule shall begin with 

calendar year 2007 emissions for facilities in Cabarrus, Lincoln, Rowan, and Union counties 

and Davidson Township and Coddle Creek Township in Iredell County. 

(eJ The report shall be in or on such form as may be established by the Director. The 

Director may require reporting for sources within a facility, for other facilities, or for other 

pollutants, parameters, or information, by permit condition or pursuant to 15A NCAC 2D 

.0202 (Registration of Air Pollution Sources).- 

Authority G.S. 143-215.3(a)(l), (la),(Ib),(Id); 143-215.65; 143-215.107; 1438-282; 150B-21.6. 
Exhibit 3 

Hearing Officer's Suggested Hearing Comments 

INTRODUCTION 

[hearing officer] 

Good evening ladies and gentlemen. My name is Steve Weber. I am a member of 

the Environmental Management Commission. My role as hearing officer is to listen 

to all relevant comment on these proceedings and report them to the full commission. 

Sitting with me is Mr. Thomas Allen. He is with the North Carolina Division of Air 

Quality, Planning Section. 

Some of the staff of the Division of Air Quality are here to assist. Mr. Allen, please 

introduce the staff present. 

Mr. Allen. (Introduce staff) 

[hearing officer] : 

This evening we are conducting two hearings. The first hearing will take 

comments concerning the Charlotte ozone nonattainment area. The second hearing 

concerns rule modifications to a variety of rules. These hearings will be held 

according to the North Carolina Administrative Procedures Act. The public notice 

for these hearings has been advertised in the North Carolina Regster and five 

newspapers in the state. Copies of the notice have been sent to those on the official 

mailing list. I will enter the public notice and the proposed amendments and 

adoptions into the hearing record without reading them at this time. 
Any person desiring to comment is requested to submit a written statement for 

inclusion into the hearing record. Once called to speak, please come to the podium 

and state your name clearly, identify the rule or rules you are commenting on, and 

whom you represent. 

[first hearing] : 

I will now open the first hearing and take relevant comments on rules concerning 

the Charlotte nonattainment area for ozone. Being considered are rule modifications 

to implement reasonable available control technology for volatile organic compounds 

and nitrogen oxides if the State Implementation Plan fails to bring that area into 

compliance with the ozone standard. These modifications would affect facilities 

whose potential to emit volatile organic compounds or nitrogen oxides are between 

50 and 100 tons per year. Also, a rule change is being considered to require sources in 

the Charlotte ozone nonattainment area with actual emissions of more than 25 tons 

per year of volatile organic compounds or nitrogen oxides to report those emissions 

annually. 

[hearing officer] : Optional Time Limit 

Many people have requested to speak at this hearing. Due to time constraints, 

speakers' presentations will be limited to - minutes. Speakers are requested to 

submit a written statement by the close of the comment period for inclusion into the 

hearing record. 

[hearing officer] : 

I will now take any comments that you may have. 
lV- 16 

[SPEAKERS] 

[hearing officer] : 

Is there anyone else who would like to comment? If there are no more 

comments, then the first hearing is closed. The first hearing record will remain open 

until ApriI 16, 2007, for additional written comments. 
NAME 

Chuck Greco 

COMMENTS RECEIVED AT THE PUBLIC HEARING 

AND DURING THE COMMENT PERIOD 

INDEX OF COMMENTERS 

REPRESENTING 

Mecklenburg County Air Quality 

PAGE 

v-2 
v-a 

MECKLENBURG COUNTY 

Land Use and Environmental Services Agency 

-AIR QUALZTYApril 4,2007 

Mr. Paul Grable, Environmental Engineer 11 

NCDENR - DAQ 

164 1 Mail Service Center 

Raleigh, NC 27699 

Dear Mr. Grable: 

After reviewing the rules proposed at the public hearing in Charlotte on March 14,2007, 

Mecklenburg County wishes to make the following recommendation: 

- In the following paragraphs the term "source" be replaced by "facility" to avoid any confusion 

in determining applicability: 

15A NCAC 2D .0902 (f) and (i) 

15A NCAC 2D .I402 (d) and (g) 

If you have any questions or concerns please contact me at (704) 336-5587. 

Respectfully, 

Chuck Greco 

Air Quality Specialist 

cc: Thorn Allan, NCDENR-DAQ 

Don Willard, MCAQ 

Joan Liu, MCAQ 

Randy Poole, MCAQ 

PEOPLE PRIDE PROGRESS PARTNERSHIP 

700 N. Tryon Street Suite 205 Charlotte, NC 28202-2236 (704) 336-5500 FAX (704) 336-4391 

http://air~ualitv.charmeck.org 
CHAPTER VI 

ECONOMIC ANALYSIS: Controlling VOC And NOx Air Emissions From Sources In 

Serious Nonattainment Areas For Ozone 

I. Basic Information 

Contact Information 

1. Division of Air Quality File Number 

2. Analyst: 

3. Office 

4. Phone 

5. Comments to Agency Contact 

6. Title of the Pro~osed Rule 

7. Rule Citations 

8. Brief Description of the Proposed Rules 

9. Rule Caterrow 

Paul Grable 

Paul.Grable@ncmail,net 

DENR, Air Quality Planning, Rule Branch 

Thomas Allen, 9 l9/733- 1489 

Thom.Allen@ncrnail.net 

Sources In New Nonattainment Areas 

15A NCAC 02D .0902 Applicability 

15A NCAC 02D .0909 Compliance 

Schedules For Sources In New 

Nonattainment Areas 

15A NCAC 02D .I402 Applicability 

15A NCAC 02D .I403 Compliance 

Schedules 

Rules set applicability and compliance 

schedules for facilities in ozone maintenance 

and nonattainment areas for controlling 

VOCs and NOx air emissions. 

Division 1 - Regulatory Behavior 

11. Screening Analysis 

Yes 

or 

No 

No 

Rule Actions 

19. Repeal of Regulatory Deadwood - Is the Rule Obsolete? 

General Statute 

NCGS 150B-2(1 b) 

NCGS 150B- 
~ule Actions 

10. Federal Law Certification Required - Does the proposed 

rule purport to implement a federal law requiring a 

certification statement by the rule-makinp: coordinator? 

11. Temporary Rules - Does this rule meet the criteria listed 

relating to temporary rules? 

12. Emergency Rules - Does this rule meet the criteria 

relating to emergency rules? 

13. Establishes or Increases Fees - Is the agency required to 

complied with the requirements of G.S. 12-3. l? 

14. State Funds - Does the proposed rule require the 

expenditure or distribution of funds subject to the Executive 

Budget Act, Article 1 of Chapter 143? 

15. NC DOT Analysis - Does the proposed rule affect NC 

DOT environmental permitting that will result in an 

increased cost? 

16. Local Government Unit Funds - Does the proposed rule 

affect the expenditures or revenues of a unit of local 

government? 

1 7. Substantial Economic Impact Analysis - Federal Rule 

Exemption - Does this rule meet the criterion of Federal 

Exemution? 

18. Technical Change - Are & technical changes being 

incorporated such that public notice and rule-making 

hearings are not required? 

General Statute Yes 

or 

No 

21.5(b) 

NCGS 150B- NO 

NCGS 150B-2 1.1 NO 

NCGS 150B- NO 

21.l(a) 

NCGS 150B-12- NO 

3.1 

NCGS 150B21.3(cl) 

NCGS 150B- NO 

NCGS 150B- NO 

21.4(al) 

NCGS 150B- NO 

2 1.4(b) 

NCGS 150B- NO 

2 1.4(bl) 

111. Executive Summary 

The counties in the Charlotte area are classified as nonattainment for the ozone national 

ambient air quality standards. The Charlotte nonattainment area includes Union, 

Mecklenburg, Gaston, Lincoln, Cabarrus, and Rowan counties and Davidson Township and 

Coddle Creek Township of Iredell. The Charlotte ozone nonattainment area is classified as 

moderate for ozone. Ozone is not a pollutant emitted directly into the atmosphere. Ozone is 

the product of a complex series of chemical reactions initiated when volatile organic 

compounds (VOC) and nitrogen oxides (NOx) emissions are exposed to sunlight. 

The proposed rule amendments provide contingency measures in the form of reasonable 

control technology (RACT) requirements for minor sources. These contingency measures are a 

required part of the contingency plan in the state implementation plan (SIP) submittal for the 
Charlotte ozone nonattainment area. 

These rule amendments extend the applicability of RACT for VOC and NOx to facilities with 

the potential to emit at least 50 but less than 100 tons per year of VOC or NOx. Only if EPA 

redesignated the Charlotte nonattainment area as serious would these contingency measures 

be acted on by notice by the DAQ Director in the North Carolina Register. 

This economic assessment is to define costs associated with meeting only the new contingency 

measures for NOx and VOC RACT requirements in the Charlotte nonattainment area for 

ozone. To meet RACT for NOx emissions, it is estimated that five affected facilities in the 

Charlotte nonattainment area should reduce emissions by 130 tons per year from eight 

sources at an annualized cost of $337,000 and overall average cost effectiveness of $2,600 per 

ton NOx. There are no affected facilities with the potential to emit at least 50 but less than 

100 tons per year of VOC in the Charlotte nonattainment area. Therefore, there are no 

sources that would be required to meet RACT for VOC emissions. 

If EPA redesignated the Charlotte nonattainment area as serious, the costs to install new 

RACT controls for NOx emissions in the Charlotte nonattainment area the will be borne only 

by the private sector. The rule changes will not generate any additional costs to the State 

government or local governments. The Division of Air Quality (DAQ) already inspects the 

affected sources, so no additional costs to the Division are anticipated. 

IV. Background and Purpose 

The purpose of this document is to conduct an evaluation of the costs and benefits of actions 

required and associated with the modification of four rules. The amendments add contingency 

requirements for minor sources of NOx and VOC with the potential to emit (PTE) 50 to 100 

tons per year to apply RACT if the EPA reclassifies the Charlotte-Gastonia-Rock Hill ozone 

nonattainment area as serious. They implement contingency measures to further reduce VOC 

and NOx emissions. Amendments to 15A NCAC 02D .0902 and .l4O2 designate applicable 

sources for VOC and NOx RACT. Amendments to 15A NCAC 02D .0909 and .I403 

establish contingency measure compliance schedules to meet VOC and NOx RACT 

requirements. 

The potential to emit is defined as the maximum capacity of a source to emit any air pollutant 

under its physical and operational design. Potential to emit refers to the greatest amount of a 

pollutant that equipment could release into the air (even if it has never actually emitted the 

highest amount). Potential to emit considers the design of the equipment and any physical or 

operational limitation on the capacity of a source to emit an air pollutant, including air 

pollution control equipment, restrictions on the hours of operations, or on the type or amount 

of material combusted, stored, or processed. 

RACT is the technology required for existing major source in nonattainment areas. RACT 

typically reflects controls that EPA has identified in Control Technique Guidelines or other 

guidance. 
"VOC" is a general term for a wide range of hydrocarbons, which come from combustion 

processes, gasoline vapors, solvents, etc. The contingency measures in these proposed rule 

amendments will require RACT for minor sources (non-major sources) with a PTE of at least 

50 but less than 100 tons NOx or VOCs per year. The affected facilities will be required to 

control NOx emissions from May 1 through September 30 of each year. 

Nitrogen oxides form when fuel is burned at high temperatures, as in a combustion process. 

The primary manmade sources of NOx are motor vehicles, electric utilities, and other 

industrial, commercial, and residential sources that burn fuels. 

The major economic impact of this proposal to the affected sources is the cost associated with 

process or equipment modification, or the addition of air pollution control devices to meet 

RACT requirements for the applicable facilities. 

V. Description of Rule Amendments 

15A NCAC 02D .0902, Applicability: The amendment describes additional VOC sources 

covered and actions to be taken if EPA redesignates the Charlotte nonattainment area as 

serious in the following areas: Cabarrus County, Gaston County, Lincoln County, 

Mecklenburg County, Rowan County, Union County, and Davidson Township and Coddle 

Creek Township in Iredell County. 

15A NCAC 02D .0909, Compliance Schedules For Sources In New Nonattainment Areas: 

The amendment adds the "Charlotte ozone nonattainment area contingency plan," new VOC 

sources that are conditional as identified in 15A NCAC 02D ,0902 to the compliance 

schedule for nonattainment areas. 

15A NCAC 02D ,1402, Applicability, describes new NOx sources covered and actions to be 

taken if EPA redesignates the Charlotte nonattainment area as serious in the same.counties 

that are identified in 15A NCAC 02D .0902, Applicability. 

15A NCAC 02D .l4O3, Compliance Schedules, The amendment adds "Charlotte ozone 

nonattainment area contingency plan," new NOx sources that are conditional as identified in 

15A NCAC 02D .I402 to the compliance schedule for nonattainment areas. 

VI. Motivation for Rule Modifications 

These rule amendments (the contingency plan) are the required by the EPA as part of the SIP 

for the Charlotte nonattainment area. If EPA redesignates the Charlotte nonattainment area 

as serious, the rule amendments will be in place and can be activated. 

VII. Affected Sources (General Source Description) 

The affected sources are minor facilities with the potential to emit at least 50 but less than 

100 tons per year of VOC or NOx in the moderate nonattainment area consisting of Union, 

Mecklenburg, Gaston, Lincoln, Cabarrus, Rowan counties, and Davidson Township and 
Coddle Creek Township of Iredell County. 

VIII. Establishment of the Baseline 

The baseline for this economic assessment is the minor sources with the potential to emit at 

least 50 but less than 100 tons of VOC or NOx emissions with existing pollution control 

equipment and processes necessary to meet current regulations in the seven counties. 

If existing pollution controls are operating, the economic feasibility includes a review of 

enhanced control costs to the marginal increase in the amount of the pollutant captured. 

Additionally, 15A NCAC 02D .0952, Petition for Alternative Controls For RACT, allows for a 

facility to demonstrate to the Director that compliance with the rules in Section .0900 would 

be technologically or economically infeasible and to petition the Director to allow the use of 

alternative operational or equipment controls for the reduction of VOCs. A similar rule, 15A 

NCAC 02D .14 12, Petition For Alternative Limitations, mirrors 02D ,0952 with regard to 

NOx RACT. 

IX. Changes From the Baseline 

The following are examples of changes from the baseline for controlling VOC and NOx 

emissions. In each case, the control or process is changed from the existing baseline. 

For the control of VOC emissions, RACT compliance can be demonstrated by installing 

emission control equipment, replacing process equipment, modifying existing process 

equipment, or through the use of low solvent content coating technology. 

NOx RACT compliance can be achieved through a demonstration to certify compliance 

without source modification, the installation of combustion modification technology or other 

source modification, the implementation of an emission-averaging plan (15A NCAC 

02D .14 lo), or through the implementation of fuel switching program ( 15A NCAC 

02D ,1411). 

X. Estimating Cost to Existing Affected Sources 

Representative annualized control costs for identifying sources and estimated RACT costs to 

control NOx and VOC emissions are from EPA's Air Control Net Program, Version 4.1, 

September 2005. 

To meet RACT for NOx emissions, it is estimated that five affected facilities in the Charlotte 

nonattainment area should reduce emissions by 130 tons per year from eight sources at an 

annualized cost of $337,000 and overall average cost effectiveness of $2,600 per ton NOx. 

It is estimated that there are no affected facilities in the Charlotte nonattainment area 

required to meet RACT for VOC emissions. 
XI. Summary of Costs Incurred by Affected Parties 

State Funds 

The proposed amendments and adoptions are intended to lower the NOx and VOC emission 

rates at sources that are already regulated by the Division of Air Quality (DAQ, which is the 

primary implementing agency for the proposal. No additional costs are anticipated for the 

Division. No State government sources are included in the affected community. These rules 

do not affect environmental permitting of NC Department of Transportation projects; 

therefore no increased costs are incurred. 

Units of Local Government Funds 

No local government sources are included in the affected community. Therefore, these rule 

amendments will not generate any costs to any unit of local government. 

Private Sector Costs 

Only if the EPA redesignates the Charlotte nonattainment area as serious will the private 

sector have to assume $337,000 of additional annualized total air pollution control cost. This 

dollar value is estimated and should only be used to define a rough magnitude of costs that 

may have to be adsorbed by the affected facilities. 

XII. Public Benefit 

EPA has established standards (termed National Ambient Air Quality Standards or NAAQS), 

under the authority of the Federal Clean Air Act, that identify safe levels for ozone in the 

atmosphere to prevent and minimize adverse impacts to human health and to crops, forests, 

and materials. Ozone levels measured in the atmosphere at levels equal to or lower than the 

standards are viewed as safe, whereas levels above the standards represent a reasonable danger 

to public health and welfare (non-health related damages), and thus require action to reduce 

emissions of ozone precursors. EPA ozone standard is an 8-hour average of 0.085 parts per 

million by volume [ppm (v)]. 

Areas in the United States where ozone levels measured in the ambient air exceed the 8-hour 

standard of 0.085 ppm(v) are said to be in nonattainment of this standard. The 8-hour ozone 

NAAQS is based on the number of days per year with a 8-hour average concentration of 

0.085 ppm(v) or greater. An area is in compliance with the ozone NAAQS when measured 8- 

hour average ozone levels at any given monitoring station do not exceed 0.085 ppm(v) more 

than one day per year over any consecutive three-year period. Thus an area with measured 8- 

hour average ozone levels greater than 0.085 ppm(v) on four or more days over a three-year 

period has not attained the standard, even if all of the days occurred in only one of the three 

years. The severity or magnitude of a given area's ozone nonattainment problem is given by 

the ozone design value, which is based on the 3-year average of the fourth-highest daily 

maximum 8-hour average ozone concentrations measured at a given monitoring station. The 

Charlotte nonattainment area is defined as "moderate" for nonattainment. Its design ozone 
designation is reported to be 0.094 ppm(v). 

XIII. Conclusion 

The private sector will have to assume $337,000 of additional annualized total air pollution 

control cost if the EPA redesignates the Charlotte nonattainment area from moderate to 

serious. This estimated cost is not substantial, as defined in North Carolina's Administrative 

Procedures Act in NC § 150B-2 1.4. 

Fiscal notes on rules. The term "substantial economic impact" means an aggregate financial 

impact on all persons affected of at least three million dollars ($3,000,000) in a 12-month 

period. 
ECONOMIC ANALYSIS: Extension of Emission Inventory Requirements to 

New Non-attainment Areas 

I. Basic Information 

- 

2. Analyst: 

Contact Information 

Michael Brandon, P.E. 

mailto:mike.brandon@ncmail.net 

1. Division of Air Quality File 

Number 

I DENR, Air Quality Planning, Rule Branch 

442 

I I organic compounds (VOC) located in six new non- 

-- -- - 

5. Comments to Agency Contact 

6. Title of the Proposed Rule 

7. Rule Citation 

8. Brief Description of the 

Proposed Rule Amendment 

Thomas Allen, 9 19/733- 1489 

Thom.Alen@ncmail.net 

Emissions Inventoly 

15A NCAC 2Q .0207 

The proposed amendment is to extend the 

requirements for stationary source reporting of 

emissions of nitrogen oxides (NOx) and volatile 

11. Screening Analysis 

Rule Actions I General Statute IY~ ( 

9. Rule Category 

attainment areas. 

Division 1 - Regulatory Behavior 

I proposed rule purport to implement a federal law requiring 1 21 (f)(l) 1 1 

19. Repeal of Regulatory Deadwood - Is the Rule 

Obsolete? 

10. Federal Law Certification Required - Does the 

NCGS 143-2 15.3(a) 

NCGS 150B-2(lb) 

NCGS 150B-2 1.5(b) 

NCGS 150Ba certification statement by the rule-making coordinator? 

11. Temporary Rules - Does this rule meet the criteria 

No 

No 

listed relating to temporary rules? 

12. Emergency Rules - Does this rule meet the criteria 

14. State Funds - Does the ~ro~osed rule reauire the 1 NCGS 150B-2 1.4(a) 1 No 

NCGS 150B-2 1.1 

relating to emergency rules? 

13. Establishes or Increases Fees - Is the agency required 

to complied with the requirements of NCGS 12-3. l? 

No 

NCGS 150B-2 1.1 (a) No 

NCGS 12-3.1 

NCGS 150B21.3(cl) 

No 
Rule Actions 

expenditure or distribution of funds subject to the 

Executive Budget Act, Article 1 of Chapter 143? 

15. NC DOT Analysis - Does the proposed rule affect NC 

DOT environmental permitting that will result in an 

increased cost? 

16. Local Government Unit Funds - Does the proposed 

rule affect the expenditures or revenues of a unit of local 

government? 

17. Substantial Economic Impact Analysis - Federal Rule 

Exemption - Does this rule meet the criterion of Federal 

Exemption? 

18. Technical Change - Are only technical changes being 

incorporated such that public notice and rule-making 

hearings are not required? 

s General Statute 

NCGS 150B21.4(al) 

NCGS 150B- Y 21.4(b)(l) 

I 

U NCGS 150B-2 1.5 

NCGS 150B-2 1.4(b) 

111. Executive Summary 

Yes 

The proposed amendment to the Emissions Inventory Rule (15A NCAC 2Q .0207) is to 

extend the requirements for stationary source reporting of emissions of nitrogen oxides (NOx) 

and volatile organic compounds (VOC) located in six new non-attainment areas. These areas 

are: 

1. Cabarrus County, 

2. Lincoln County, 

3. Rowan County, 

4. Union County. 

5. Davidson Township in Iredell County, and 

6. Coddle Creek Township in Iredell County. 

The requirement applies to all stationary emission sources with actual emissions greater than 

25 tons per year of NOx or VOC. Newly affected sources are those with actual emissions 

between 25 and 100 tons per year of VOC and NOx. 

An economic assessment was performed to define costs to comply with the inventory 

requirement in the new non-attainment areas. The estimated cost for the additional annual 

inventories is estimated to be about $780 per newly affected source per year ($136,000 total 

for fiscal year 2008). The rule changes will not require any expenditure of funds subject to the 

State Budget Act. Nine of the affected sources are owned by units of local government 

resulting in a total annual cost of about $7,020 for fiscal year 2008. 

IV. Background and Purpose 
EPA has declared the Charlotte area in "moderate" non-attainment for the ozone national 

ambient air quality standards. The Charlotte non-attainment area includes Union County, 

Mecklenburg County, Gaston County, Lincoln County, Cabarrus County, Rowan County, 

and the two Townships of Davidson and Coddle Creek in Iredell County. On November 9, 

2005 the EPA issued a final rule to protect the American public from ground-level ozone 

pollution. This rule (a.k.a. Phase 2 Ozone Rule) requires the state to develop an 

implementation plan for attainment of the standards. Part of the implementation plan is the 

Attainment Demonstration where modeling is used to demonstrate that the area will attain 

the 8-hour ozone standard as expeditiously as practicable and within the Clean Air Act 

deadlines. The inclusion of minor source emissions (i.e., stationary source with actual 

emissions greater than 25 tons and less than 100 tons per year of NOx, or VOC) in the 

modeling assessments for the Attainment Demonstration assures that reasonable further 

progress will be attained with the implementation of Reasonable Available Control 

Technology (RACT) for major sources. 

V. Affected Parties 

Affected sources include all stationary sources (permits of record) with actual emissions 

between 25 and 100 tons per year of NOx or VOC located in the newly designated areas. It 

should be noted that stationary sources with emission greater than 100 tons per year are not 

affected because they are presently required to submit annual inventory data for all criteria 

and toxic air pollutants. In addition, the newly affected small and synthetic minor sources are 

presently required to submit an actual emissions inventory every five years for permit renewal. 

Affected sources were identified using the IBEAM database to identify permitted small and 

synthetic minor sources in each newly affected area. This accounting may include some 

sources with emissions less than 25 tons per year and is, therefore, a conservative accounting 

for cost estimation. Sources in the Townships of Iredell were considered to be those identified 

as being located in the City of Mooresville. Specific sources not identified in the City of 

Mooresville were determined not to significantly impact the private sector cost basis. The 

following is a break down of the IBEAM data base inquiries. 

Non-attainment Areas 

Synthetic Small Minor All 

Sources Sources Sources 

Union County ( 35 1 13 ( 48 I 1 I 

Mooresville (Townships in Iredell) I I I ( 1 ( 12 I 

These 175 newly affected sources are in addition to the estimated 980 sources with actual 
emissions between 25 and 100 tons per year of VOC or NOx that this rule presently affects 

(about an 18 percent increase in the baseline sources). Nine of these newly affected sources 

are owned or operated by a city or county. 

VI. Estimated Cost 

These facilities are presently required to report emissions every five years as part of permit 

renewal; therefore, there is no initial cost to set up a system for recordkeeping and reporting. 

Average annual cost of $780 is based on two factors: 

1. Cost to gather data monthly and generate one report per year for existing facilities, 

and 

2. cost for a five percent increase in new facilities. 

Twenty-six man-hours per year at a cost of $30 per hour were estimated for time spent 

monthly (2 man-hours) and at the end of the year (2 man-hours) to generate the required 

report. There is no initial inventory cost associated with the set up of inventory accounting 

mechanisms for new facility growth because emission accounting procedures must be done as 

part the permitting process. Local government facility growth was estimated to be one new 

facility in fiscal year 20 10 and one new facility in fiscal year 20 12 as a whole number value 

based on five percent growth. 

The table below presents the calculations explained above. Facility growth was rounded to the 

nearest whole number. 

Fiscal Year No, of Facilities Total Annual 

Facility Cost 

The cost to units of local government is about $780 per facility, per year 

VII. Benefits 

The benefit of this rule change lies in the validation of the air quality attainment and 

maintenance strategies that are developed to bring areas into attainment of the ozone 

National Ambient Air quality Standards. Underestimation of impact by not accounting for 

minor source contribution could result in an inadequate attainment plan development. 

VIII. Summary and Conclusion 
The rule change will not require any expenditure of funds subject to the State Budget Act. The 

cost to the units of local government is minimal and will not result in any undue hardship or 

initial capital outlay. The additional inventories will ensure that RACT developed for the 

attainment plan implementation is adequate in achieving reasonable furthcr progress in the 

reduction of ozone concentrations. 

These estimated costs are not substantial, as defined in North Carolina's Administrative 

Procedures Act in NC § 150B-2 1.4. 

Fiscal notes on rules: The term "substantial economic impact" means an aggregate financial 

impact on all persons affected of at least three million dollars ($3,000,000) in a 12-month 

period. 
CHAPTER VII 

The following documentation of filing and notification is incorporated as part of this hearing 

record and is maintained on file: 

EHNR 10 1 Internal Approval Form. 

Submission for Notice Form and material submitted to the Office of 

Administrative Hearings. 

The public notice as it appears in The North Carolina Regrster Volume 2 1, Issue 

16, pages 1489-1526. 

Letters to newspapers requesting that the public notice be published. 

Affidavits of Publication from newspaper. 

Memorandum transmitting hearing notice and proposal to regional offices for 

public inspection. 

Memorandum transmitting hearing notice and proposal to local programs. 

Letter notifying EPA of hearing. 

Submission of Filing Forms and material filed with Office of Administrative 

Hearings. 

Letter transmitting hearing record to EPA. 
This page is intentionally blank. 
ASHEVILLE 

CITIZEN - TIMES c- VOICE OF THE MOUNTAINS CITIZEN-TIMES corn 

14 0. Henry Avenue P.O. Box 2090 Asheville, NC 28802 828-252-561 1 

NORTH CAROWNA ENVIRONMENTAL 

MNAGEMENT COMMISSION 

PUBLIC NOTICE I 

hi& is hereby iven far public hearings to 

heard by the NA Carolina Department of Envi 

ronmsnt and Natural Resources, Divlslm of Ai 

Pmlltv concerning the proposed Amendments t 

Various Air Qwlltv Rules. 1 

PURPOSE'To receive comments on Pro 1- n&ments to the control of NO2 ad 

ILlk: nroi a&~t/on of the other solld wast4 

pildion submittal ale. 

MOTE: The pro osed adoptions considere h this hearlng, Pf adapted, wlll be beaffective 

(Itatewide; If they are later adopted bv a local ai 

Clltrtian cMltral ma, 'ihm that agencv Wll 

pforce them in its area oi i~rlsdiction. 4 

I 16,-280?; to-recelve Wltional written Jo be IncluUed, the statement must 

bvihe Divislon bv April 16, M07. 

I ~NFORMAT~ON:C~~~~~ of the 

~hd~ees may be downloaded 

dde.nt.W?ules/Hearine/ Copies mrn may also W .reviewed at the GI .tha North Caroilm Department of Envlro Iknl and Natural Resources, Division of Airf 

IPvrti~<&ed at the following cities: I 

Comments should be sent to and 

mation concerning the hearlngs I my be obtained by contacting: 

AFFIDAVIT OF PUBLICATION 

BUNCOMBE COUNTY 

SS. 

NORTH CAROLINA 

Before the undersigned, a Notary Public of said 

County and State, duly commissioned, qualified and 

authorized bylaw to administer oaths. personally 

appeared Jesica Gaskin, who, being first duly 

sworn, deposes and says: that she is the Legal 

Billing Clerk of The Asheville Citizen-Times, 

engaged in publication of a newspaper known as 

The Asheville Citizen-Times, published, issued, 

and entered as second class mail in the City of 

Asheville, in said County and State; that she is 

authorized to make this affidavit and sworn 

statement; that the notice or other legal 

advertisement, a true copy of which is attached 

hereto, was published in The Asheville CitizenTimes on the following dates: February 7th, 2007. 

And that the said newspaper in which said notice, 

paper, document or legal ad-vcrtisement was 

pubIished was, at the time of each and every 

publication, a newspaper meeting all of the 

requirements and qualifications of Section 1-597 of 

the General Statues of North Carolina and was a 

qualified newspaper within the meaning of Section 

1-59'? of the Genera? S:aP~es G~No~%% Ca-ohm. 

Signedqis 7th, day of Febqary, 2007 

Sworn to and subscribed before me the 

8qt 

Februarv. 2- A 

STATE OF NORTH CAROLINA 

COUNTY OF NEW HANOVER 

NORTH CAROLINA 1 

ENVIRONMENTAL 

MANAGEMENT j COMMISSION 

Notice is hereby given for ublic hearin s to be 

Ieard by txe North 

Carolina Department of 

Environment and Natural 

Resources, Division of Air 

Quality concerning the 

proposed Amendments to / 

Various Air Quality Rules. I I 

PURPOSE: To recewe ! 

comments on proposed 

amendments to the 

control of NO2 and NOx 

rules, new source oerformance standard 

kule, ' Incorporate 

contingency 

for RACT for V%%2 

NOx for the Charlotte 

nonattamment area ' for 

ozone, fugitive dust rule. 

certification of leak 

'tightness tester rule, 

open burn~ng rules, 

banking applicabtlity rule, 

permitt~ng rules; 

proposed adopt~on of the 

other solid waste 

incinerator rule and a new open burning rule, and proposed repeal of 

automobile ta~lp~pe 

emission standards rule 

and intt~al Title V permit 

appl~cation submittak 

rule 

NOTE The proposed 

adopt~ons constdered In 

thls hearmg, if adopted. 

w~li be effect~ve 

statewide, if they are later ado ted by a local 

air polpution control 

agency, then that agency wdl enforce them In ~ts area of jurtsdict~on 

DATES AND LOCATION: ' 

March 14, 2007. 7:00 P.M. 

Charlotte-Mecklenburg 

Government Center 

Room CH-14 

600 East 4th Street 

Charlotte, NC 28202 

COMMENT PROCEDURES: 

All persons interested in 

these matters are invited 

Before the undersigned, a Notary Public of Said County and State, 

T. Weil-Tallmadge 

Who, being duly sworn or affirmed, according to the law, says that helshe is 

CLASSIFIED ADVERTISING MANAGER 

of THE STAR-NEWS, a corporation organized and doing business under the Laws of the State of 

North Carolina, and publishing a newspaper known as STAR-NEWS in the City of Wilmington 

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION PUBLIC 

NOTICE Notice is hereby given for public hearings to be heard by the North Carolina 

Oepartmerzt of Eizvironrneizt and Natural Resources, Divisiolz of Air Quality concerning the 

proposed Amendments to V 

was inserted in the aforesaid newspaper in space. and on dates as follows: 

And at the time of such publication Star-News was a newspaper meeting all the requirements and 

qualifications prescribed by Sec. No. 1-597 G.S. of N.C. 

i 

Title: CLASSIFIE# ADVER. MGR 

Sworn or affirmed to, and subscribed before me this 

I~C b , , A.D., 2 00 7 

In Testimony Whereof, I have hereunto set my hand and affix 

My commission expires i Y" day of 4 u G . .20d 

Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said 

publication was duly and properly made and that the summons has been duly and legally served on the defendant(s). 

This day of *- 

MAlL TO: 

Clerk of Superior Court 

NORTH CAROLINA 

FORSYTH COUNTY 

* ( -_ PLhiu;, - -. ,,+ "..* --,* 

AFFIDAVIT OF PUBLICATION - ... _ 8 31 

Before the undersigned, a Notary Public of said County and State, duly 

commissioned, qualified, and authorized by law to administer oaths, personally 

appeared D.H. Stanfield, who being duly sworn, deposes and says: that he is 

Controller of the Winston-Salem Journal, engaged in the publishing of a newspaper 

known as Winston-Salem Journal, published, issued and entered as second class mail 

in the City of Winston-Salem, in said County and State: that he is authorized to 

make this affidavit and sworn statement: that the notice or other legal advertisement, 

a true copy of which is attached hereto, was published in Winston-Salem Journal on 

the following dates: 

February 9,2007 

and that the said newspaper in which such notice, paper document, or legal 

advertisement was published was, at the time of each and every such publication, a 

newspaper meeting all the requirements and qualifications of Section 1-597 of the 

General Statutes of North Carolina and was a qualified newspaper within the 

meaning of Section 1-597 of the General Statutes of North Carolina. 

This 9th day of February, 2007 

Sworn to and subscribed before me, this 9th day of February, 2007 

- 

WBUC NOTICE 

NORTH CI\RWNA ENVlRONMENTM 

MANAGEMENT WMMISSDN 

Notice is hereb given for public hearin s to be heard 

by the North holina De.p?Cment of~nvironment 

and Natural Resources Dtvwon of Air 9/ual.ity coq. cerning the proposed )Amendments to arlous Aw 

Quality Rules. 

PURPOSE To receive comments on ro osed amendments to the control of NO2 ant~gx rules. new 

My Commission expires: September 28,2010 NOTE: The ro osed adoptions c~nsidered in this 

hearing if a80 red. will beeffective statewide. Ifthey are later adopred by a local air pollution contrd a en cy then that agency wlll enforce them In Its areaoqju: r~idiction. 

DATES AND LOCAW 

March 14 2007 7:W P.M 

~harlotte~ecklenbur bovemrneh center 

Rwm &I-14 

600 East 4th Street 

Charlotte, NC 28202 

ple want, to speak The hearing record. will femain 

open untd A~rll 16.2007. to recetve addltronal wrrtten 

statements 'To be included the statement must be 

received by the Division by April 16,2007. 

Asheville 8 

Fayetteville 

Mooresvilie 

Raleigh 91 

Washington 

Wilmin on winston-?ale1 

~V-qCfnulrJ puarqrg- 

FEB 2 7 2007 

NORTH CAROLINA. 

, Wake County. 1 SS. 

NORTH CAROLINA ENVIRONMENTAL 

-EM WSSION 

WBLlC NOTICE 

Notice is herebv given for public hearings to be heard bv 

the North -Coroiino Deportment of Environment ond 

Natural Resources, Division of Air Qualitv concerning the 

pmwsed Amendments to Various Air Quolity Rules.' 

PURPOSE: To receive comments on proposed amend. 

ments to the control of NO2 and NOx ruies,,new source wrformance standard rule, incorporate contmgency prw visions for RACT for VOC. ond NOx for the Chorlotte 

mnottoinment orea for ozone. fugitivedust rule,~certifico. tion of iwk tightness tester ruie, open burnmg rules 

banking applicobilltv rule, permitting rules. proposd adoption.of the other solid waste incinerotor'rule and a new own bumhe ruie; ondprowsed rewoi of outomobiie 

toib!~eernlsslonstandords Nleond Initial Title V wrrnlt 

o~PlicatIon submittal :ritle. 

I I WTESAND UXATION: March 14,2W7,7!00 P.M. 

Charlotte-Mecklenbure Government Center 

Room CH-14 

600 Eost 4th Street 

Charlotte, NC 28202 

I I COMMENT PROCEDURES: Ail persons interested In 

m 

these motlers are lnvitea to attend tne ptlbllc nwrlng. LVly daslrirm to axTment is reamski to sutwnti a 

statement must be received bv the Divis~on by Abril 18, 11 m7. 

INFORMATION: Cop~es of the proposed rule changes mov be downloaded at Mt~~/&uiuW.ncrrJRuf~ * Coples of the Prowsols may also be rewewed at the 

regional Offlces of the North Carollno Department of 

Environment ond Natural Resources Dlvls~on of Air 

Qwl~tv, located at the followlnp title;: 

Ashev~lle 62529b4HW 

Fwetteville 91W486-1541 

Mooresvllle 7W663-1699 

Roie~gh 919i791-4200 

Woshlngton 252/P46-M81 

Wiirnlngton 910,796-7215 W~nston-Salem 336071-4MX) 

Comments should be sent to and addlflonol mformotion 

concemtng the heartngsor the ProPoxlls rnw be obtalned I by contocting. 

Mr. Thornos C. Alien . Division of Air Quality . 1641 Mail Service Center 

Roleleh, North Carolina 27699.1641 

(919) 733-1489 Phone 

(919) 7157476 Fax 

thorn.ailen@ncmail.net 

DATE: 5 February 2007 Id 8. Keith Overcash, P.E. 

Director 

N&O: February 7. 2007 

Before the undersigned, a Notary Public of Chatham 

County North Carolina, duly commissioned and authorized to 

administer oaths, affmations, etc., personally appeared Debra 

Peebles, who, being duly sworn or affirmed, according to law, 

doth depose and say that she is Billing Manager-Legal 

Advertising of The News and Observer a corporation 

organized and doing business under the Laws of the State of 

North Carolina, and publishing a newspaper known as The 

News and Observer, in the City of Raleigh , Wake 

County and State aforesaid, the said newspaper in which such 

notice, paper, document, or legal advertisement was published 

was, at the time of each and every such publication, a 

newspaper meeting all of the requirements and qualifications 

of Section 1-597 of the General Statutes of North Carolina and 

was a qualified newspaper within the meaning of Section 1- 

597 of the General Statutes of North Carolina, and that as such 

she makes this affidavit; that she is familiar with the books, 

files and business of said corporation and by reference to the 

files of said publication the attached advertisement for 

NCDENR was inserted in the aforesaid 

newspaper on dates as follows: 02/07/07 

Account Number. 7 1562320 

the books and files of the aforesaid Corporation and publication. 

Debra Peebles. Billing Manager-Legal Advertising 

Wake County, North Carolina 

Sworn or affirmed to, and subscribed before me, this 

08 day of FEBRUARY , 2007 AD ,by Debra Peebles. 

In Testimony Whereof, I have hereunto set my hand 

and affixeAmy o%cial seal, tlje day and year aforesaid. 

L/ My commission expires 14' of March 2009. 

Mecklenburg County} 

The Charlotte Observer Publishing @8 2 3 lULjj 

Charlotte, NC 

Affidavit of publication i\Qc &,& 

PLANNING S~cal~n; 

THE CHARLOTTE OBSERVER 

NCDENR 

PATRICIA ROBERT 

1641 MAIL SERVICE CNT 

RALEIGH NC 27699-1641 

REFERENCE: 30054193 

5900993 Public Notice 

Before the undersigned, a Notary Public of said 

County and State, duly authorized to administer 

oaths affirmations, etc., personally appeared, 

being duly sworn or affirmed according to law, 

doth depose and say that he/she is a 

representative of The Charlotte Observer 

Publishing Company, a corporation organized and 

doing business under the laws of the State of 

Delaware, and publishing a newspaper known as The 

Charlotte Observer in the city of Charlotte, 

County of Mecklenburg, and State of North Carolina 

and that as such he/she is familiar with the 

books, records, files, and business of said 

Corporation and by reference to the files of said 

publication, the attached advertisement was 

inserted. The following is correctly copied from 

the books and files of the aforesaid Corporation 

and Publication. 

PUBLISHED ON: 02/13 

AD SPACE[ 144 LINE 

:* WORTH CAR&INA EN~RONMENTAL % - . MANAGEMENT COMMISSION A IPUBUC NOTICE 

INFOFMATION: 

Copies of the proposed rule chan ss may be downloaded at http //daq state nc usiRulssjHesringi bpies of me roposals may also he revtewed iil the regtofial olftces of the Rorih Carolma Demrtment of Env~mnment and Natural Reswrcss, D~lruon of A!r !3ualW located at W followng crtlffi 

Ashwille 8281296/4500 Fayettejille 91014861541 Mooresvtlle 7041863-1699 

Raletgh 919,79142CO 

Washington 25Y9466481 Wlm~ngton 810,7967215 

Wtqm Salem 336I771-4MH) 

Comments should be sent to and addrtlonal lnformebon mncernlng me heanngs or the proposals may be obtatned by contacbng 

Mr Thomas C Allen Dtvlston of Alr Quality 7641 Mall Sem Center Raleigh Notth Carollna 27699 1641 (919) 733-1489 Phone (919) 71 5-7A76fStI mom albn@ncml net 

day and year EafaJresaid. My Commission Expires May 17, 2011 

My Commission Expires: --/--/--