### NorthCarolina Departmentof Environment and Natural Resources Divisionof Air Quality Michael F. Easley, Governor William G. Ross,Jr., 

### Secretary B. KeithOvercash, P.E., Director

January 31,2008
Mr. 

### J. I. Palmer, Jr. Regional Administrator U.S. EnvironmentalProtection Agency, Region4 Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303-8909 Subject: State Implementation Plan Revisions -i


### Dear Mr. Palmer:
On July 11,2007,the Environmental Management Commission (EMC) amended 15ANCAC 02D .0902, .OW, .1402, .1403, and 15ANCAC 024.0207, which were the subjectofpublic hearing held on March 14,2007.
Enclosed is the hearing record forthis hearing. Pleaseproceed to approvethe aforementionedrules and amendments aspart of the federally-approved StateImplementation Plan. These rules are enclosed.
The enclosure includes a hard copy of the rules and amendmentsthat are identical to the pdf files recorded on the cd.
If you need any other information or documentation, orhave any questions,please let us know as soon aspossible. You may contact

### Mr. Michael Abraczinskas at 919-715-3743. Sincerely,



### B. ~efi Overcash,P.E.

enclosure

cc: Richard A. Schutt HearingRecord File

1641 Mail SenriceCenter, Raleigh, North Carolina 27699-1641 p7'3 Capital Blvd., Raleigh, North Carolina 27604 s: 919-715-76701FAX 9147157476 1Internet: www.wir.org 3pportunrtylAffinnative Action Employer

## -50% Recycled/lO%PostConsumer Paper

## STATE OF NORTH CAROLINA DEPARTMENT OF 

## ENVIRONMENT AND NATURAL RESOURCES DIVISION OF 

## AIR QUALITY

REPORT OF PROCEEDINGS OF 

## PUBLIC HEARING ON PROPOSED AMENDMENTS TORULES
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 Recommendationfor

### 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 110 (a)(l ) 

### and 175Aof 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 15ANCAC 02D .0902, .0909, .1402,and .I403and 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) (15ANCAC 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 50and 100tons per year of VOCs orNOx to apply VOC or NOx RACT as appropriate. Facilities whose emissions of VOCs or NOx are greater than 100tons per year are already required to apply RACT in addition tothe applicability rule for NOx, this requires amending the compliance schedule rule, 15ANCAC 02D ,1403.For VOC, it requires amending the compliance schedule rule, .0909. 15ANCAC 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 100tons 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.


### 15ANCAC 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 15ANCAC 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'SRECOMMENDATION

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 proposedfor 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 applicabilityof 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 physicalanalysis 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 determinationor 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 rooftanks 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, DutchvilleTownship in GranvilleCounty, and that part of DavieCounty bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, FultonCreek and back to Yadkin River in accordance with provisions set out in that Rule. (e) All sources located in Mecklenburg Countythat were required to complywith 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) .0943through .0945 of this Section.

,,ami!pGya...;*=r, 2 *
.... :+ :

LL,?", (f) The Rules inthis Section apply to ~,&aclhes with the potential to emit 100tons or morevolatile organic compounds per year in the following areas: (1) Cabarrus County (2) GastonCounty (3) Lincoln County (4) MecklenburgCounty (5) Rowan County (6) Union County (7) DavidsonTownship and Coddle Creek Township in lredell County. (g) If a violation of the ambient air quality standardfor ozone is measured in accordancewith 40 CFR 50.9 in Davidson, Forsyth, or Guilford County or that part of DavieCounty bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway801, Fulton Creek and back to Yadkin River, the Director shall initiate analysis to determine the control measures neededto 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 requiredas part of the control strategy necessary to bring the area into compliance and to maintain compliancewith the ambient air quality standardfor ozone. The Directorshall implement the rules in this Section identifiedas being necessary by the analysis by notice in the North Carolina Register. The noticeshall identify the rulesthat 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 publicationdate of the North Carolina Register containingthe Director's notice implementing rules in this Section, the Director shall send written notificationto all permitted facilitieswithin the county in which the rules are being implemented that are or may be subject to the requirementsof this Section informing them that they are or may be subject to the requirementsof 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 ,0909of 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 implementthe specific stationary source control measures contained in this Section that are required as part of the control strategy necessaryto 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 identifythe 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 ,0909of 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 100tons of volatile organic compounds per year. Within 60 davs of the reclassification, the Director shall notice the

-. --.I . applicabilitvof these rules to these 

## -..1fadl%iesin the North Carolina Reqister and shall send written notificationto all permitted facilities within the counties inwhich the rules are beinq implemented that are
or may be subiect to the requirements of this Section informinqthem 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 ,0909of 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, .I110,or .I111of this Subchapter.

History Note: Authority G.S. 143-21 5.3(a)(I); 143-21 5.1O7(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 proposedfor amendment as follows:

15A NCAC 02D ,0909 COMPLIANCE SCHEDULES FOR SOURCES IN NONATTAINMENTAREAS (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 ,0902of this Section. (b) Exceptions. This Rule does not apply to: (1) sources in Mecklenburg County requiredto comply with the requirements of this Section under Rule .0902(e)of this Section; (2) sources covered under Rule ,0953or ,0954 of this Section; or (3) sources requiredto comply with the requirementsof this Section under Rule .0902(c)of this Section. (c) Maintenancea~eas: area and Charlotte ozone nonattainment area continqencv plan. The owner or operator of any source subject to this Rule becauseof 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 installingemission controlequipment, replacing processequipment, 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 standardfor ozone; (B) The complianceschedule shall contain the following increments of progress: 0) a date by which contracts for the emission control system and process equipment shall be awardedor 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) Finalcomplianceshall 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 schedulewithin six months after the Director notices the implementationof rules in the North Carolina Register that resolves a violation of the ambient air qualitystandard 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 inthis 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 constructionor installation of the emission control and process equipment shall begin; and (iii) a date by which on-site constructionor installation of the emission control and process equipment shall be completed; (C) Final compliance shall beachieved 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) Ifthe 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) Maintenancea~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 Sectionwhen 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 satisfactionof 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) Maintenancearea& area and Charlotte ozone nonattainment area continqency plan. The
owner or operator of any new source ofvolatile organic compounds not in existence or under construction before the date that the Director notices inthe North Carolina Register in accordance with Paragraphfq), (h), or (il(gjw-@jof Rule ,0902of this Sectionthe 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 inthis 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 5.1O7(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 proposedfor 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 1through September 30 of each year. (c) Rules .1409(b) and.1416 through ,1423 of this Section apply statewide. (d) The Rules .I407through .I409and ,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 standardfor 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, DutchmansCreek, North Carolina Highway 801, Fulton Creek and back to Yadkin River, the Director shall initiate analysisto determine the control measures needed to attain and maintain the ambient air quality standardfor ozone. By the following May 1,the Director shall implement the specific stationary source control measures contained in this Sectionthat are required as part of the control strategy necessaryto 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 identifywhether the rules implemented are to apply in Davidson, Forsyth,or Guilford County or that part ofDavie 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 containingthe 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 requirementsof 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 analysisto 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 Sectionthat 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 sendwritten notificationto all permitted facilities within the county inwhich the rules are being implemented that are or may be subject to the requirementsof 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 potentialto 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 notificationto all permitted facilities within the counties inwhich 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 requirementsof 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 accordinqto Rule .I403of this Section. Regardless of any other statement of applicability of this Section, this Section does not apply to any: (1) source not requiredto obtain an air permit under 15A NCAC 02Q ,0102 or is an insignificantactivity as defined at 15A NCAC 02Q .0103(19);(2) incineratoror thermal or catalytic oxidizer used primarilyfor 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 facilitywith a federally enforceable potential to emit nitrogen oxides of: (A) less than 100tons 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 horsepowerthat 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 morethan 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 in40 CFR 96.4 (b) (l)(ii)and (iii).

History Note: Authority G.S. 143-21 5.3(a) (1); 143-21 5.1O7(a)(5), (7), (10); Eff.April 1, 1995; Amended Eff.April 1, 1997; July I, 1995; April 1, 1995; TemporaryAmendment Eff. November 1, 2000; Amended ER April 1, 2001; TemporaryAmendment 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 applicabilityof Parasraph fe) fKfqle), (f),or (9) of Rule .I402of this Section, shall adhere to the following incrementsof 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 compliancewith 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 inthe 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 permitapplication and a compliance schedule within six months after the Director's notice inthe 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 requirementsofSubparagraphs (b)(l)or (b)(2) of this Rulefor certification or modification of each source to be included under the averaging plan; (B) The owner or operator shall submit a planto implement an emissions averaging plan according to Rule .I410of this Section within six months after the Director's notice inthe North Carolina Register. (C) Final compliance shall be achieved within one year after the Director's notice in the North Carolina Register unless implementationof the emissions averaging plan requires the modification of one or more of the averaging sources. If modification of one or more of the averaging sources is required, final compliance shall be achieved within three years. (4) If compliance with this Section is to be achieved through the implementation of a seasonal fuel switching program as provided for in Rule ,1411 of this Section: (A) The owner or operator shall make all necessary modifications according to Subparagraph (b)(2) of this Rule. (B) The owner or operator shall include a planfor complyingwith the requirements of Rule ,1411 of this Section with the permit application required under Part (A) of this Subparagraph. (C) Final compliance shall be achieved within three years after the Director's notice in the North Carolina Register. (5) Increments of progress certification. The owner or operator shall certify to the Director, within five days after each increment deadline of progress in this Paragraph,whether the required increment of progress has been met. (c) Nonattainment areas. The owner or operator of a source subjectto this Rule because of the applicability of Paragraph (d) of Rule .I402of 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 byAugust 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 issuedfor purchase ofcomponent parts. (C) The compliance schedule shall contain a date bywhich 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 compliancewith this Section is to be achieved through the implementation of an emissions averaging plan as provided for in Rule ,1410of this Section: (A) The owner or operator shall abide by the applicable requirements of Subparagraph (c)(l)or (c)(2) of this Rulefor certification or modification of each
sourceto be included under the averaging plan; (B) The owner or operator shall submit a planto implement an emissions averaging plan according to Rule ,1410of this Section by August 1, 2007. (C) Final compliance shall be achieved within one year no later than January 1,2008. (4) If compliancewith 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 requirementsof Rule .I411 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) Maintenanceaea& 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 Sectionwhen the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standardfor 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 standardfor
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 ,1402of 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 sourceof 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 ,1402of 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; TemporaryAmendment Eff. November 

### 1,2000; Amended

### Ef April 1,

### 2001; TemporaryAmendment 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) hydrogenfluoride, (8) hydrogensulfide, (9) methyl chloroform,(1 0) methylene chloride, (11) 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 peryear 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, DavidsonTownship and Coddle Creek Township in lredell County DutchvilleTownship 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 reportingfor 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 TemporaryAdoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whicheveris sooner; Authority G.S. 143-21 5.3(a)(l),(1 a),(lb),(1 d); 143-21 5.65; 143-215.107; 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 

### 15ANCAC 2D .0902,



## . 0909, .1402,.I403and 

### 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 

### WilmingtonStarNews, the

### Asheville Citizen Times,the 

### WinstonSalemJournal, 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 DEPARTMENTOF 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 KennyWaldroup 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 hearinghas 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 ofthese hearings.


### I am hereby appointingyou to 

### serve as hearing officer forthis 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 foryou, 

### Ifyou have any questions,please feelfiee 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 hearingsto be 

### heard by the North Carolina Department of Environment and Natural Resources, Division of Air Quality concerningthe proposed Amendments to Various Air Quality Ruies.
PURPOSE: To receivecomments on proposed amendments to the controlof

## NO2and 

## NOxrules, new source performance standard rule, incorporate contingency provisionsfor 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 ofjurisdiction.
DATESAND LOCATION: March 14,2007,7:00P.M. Chartotte-WlecklenburgGovernment Center Room CH-14 600 

### East4th 

### Street Charlotte, NC 

### 28202


### COMMENT PROCEDURES: All persons interested inthese matters are invitedto attend the public hearing. Anv person desirin~ to comment is 

### requestedto submit a written statementfor 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 untilApril 16, 

### 2007, to receive additionalwritten 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 Departmentof 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 91Off96-7215 Winston-Salem 336ff71-4600
Comments should be sentto 

### 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 (919) 733-7489 Phone (91 

### 9) 715-7476 

### Fax thorn.alien@ncmail.net111 

### - 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:
ThomasAllen, 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 NOzand NOxrules, new source performance standard rule, incorporate contingency provisions for RACT for VOC and NOxfor the Charlotte nonattainment area for ozone, fugitive dust rule, certification of leak tightnesstester 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.
DATESAND 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 inthese matters are invitedto attend the public hearing. Any person desiringto comment is requested to submit a 

### written statement for inclusion inthe record of proceedings atthe public hearing. 

### The hearing officer may limit oral presentation lengths if many people want to speak. The hearing recordwill 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 9101486-1541 Mooresville 7041663-1699 Raleigh 919ff91-4200 Washington 2521946-6481 Wilmington 9 1 01796-721 5 Winston-Salem 3361771 -4600
Comments should be sent to and additional information concerning the hearings or the proposals may be obtained by contacting:
Mr. Thomas C. 

### Allen Divisionof Air Quality 1641 Mail Service Center Raleigh, North Carolina 27699-1641 (919) 733-1489 Phone (9 1 9) 7 1 5-7476 Fax thom.allen@ncmail.net I?



### DATE:

Note: Ifyou 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 NATURALRESOURCES 

### 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:


### 15ANCAC 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 planfails 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 tosubmit a written statement for inclusion in the record of proceedings at thepublic hearing. The hearing officer may limit oral presentation lengths 

## if manypeople 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 byApril 16, 2007.
Commentsmay be submitted to: 

### Thomas Allen, 1641

### Mail Service Center, Raleigh,NC 27699-1641, 

### 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. Ifthe 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 asprovided in G.S. 150B-21.3(bl).The Commission will receive written objections until 5:00 p.m. onthe day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service,hand delivery,

### or facsimile transmission. Ifyou have any further questions concerningthe submission of objectionsto the Commission,please call a Commission staffattorney at 919-733-2721. Fiscal Impact: 

### A copy ofthe 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 CONTROLREQUIREMENTS
SECTION .0900

## - VOLATILE ORGANIC COMPOUNDS 

### NOTE: The italicized language has been adopted by the agency and is awaiting approvalby the RRC.
15A NCAC 02D .0902 APPLICABILITY 

### (a) The rules in this Section donot apply except as specifically set out in this Rule. (b) Regardless of any other statementof applicabilityofthis Section, this Section does not applyto: (1) sourceswhose emissionsofvolatile organic compounds arenot more than I5pounds 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) sourceswhose emissions donot exceed 800pounds ofvolatile organic compounds per calendarmonth and that are: (A) bench-scale, on-site equipment used exclusivelyforchemical or physical analysis for quality control purposes, staff instruction, water or wastewater analyses, or non-production environmental compliance assessments; (B) bench-scale experimentation, chemical orphysical analyses, training or instructionfromnotfor-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 activitiesprovided the activity produces nocommercial product or feedstock material; or (3) emissions ofvolatile 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 ifthe exemption is approved by the Director as meeting the requirements ofthis Subparagraph. 

### (c) The following rules ofthis Section apply statewide: (1) .0925, PetroleumLiquid Storage in Fixed RoofTanks, forfixed roof tanks atgasolinebulk 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 RoofTanks, 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 ofVolatile 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 Countythat were required to comply with any of these 

### Rules before July 

### 5, 1995: (1) .0917through .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 thepotential to emit 100 tons or more volatile organic compoundsper 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 inIredell 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 ofthe 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 Sectionidentified as being necessary by the analysisby notice in the North Carolina Register. The notice shall identify the rules that are to be implemented and shall identify whetherthe rules implemented areto apply in Davidson, Forsyth, or Guilford County or that part ofDavie 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 ofthe 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 ofthe Forsyth County local air pollution control program.) Compliance shall be in accordance with Rule .0909of this Section. (h) If a violation of the ambient air quality standard for ozone is measured in accordance with 40 CFR 50.9in 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 asbeing 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 areto 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 ofthis Section informing them that they are or may be subjectto the requirements ofthis Section. Compliance shall be in accordance with Rule .0909of this Section. {i) If EPA reclassifies the Charlotte-Gastonia-Rock Hill ozone nonattainrnent area as serious for ozone under Section 182ofthe 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 Creektownships in lredell County with the potential to emit at least 50 tons but less than 100 tons ofvolatile organic compounds per year. Within 60 days ofthe 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 ofthis Section. (For Mecklenburg County, "Directorflmeansfor the pumose of notifving permitted facilities inMecklenburg Counw, the Director ofthe Mecklenburg County local air pollution control program.) Compliance shall be according to Rule .0909 of this Section. 

# @a Sources whose emissions ofvolatile organic compounds are not subject to limitation under this Sectionmay stillbe subjectto emission limits on volatile organic compounds in Rules, .0524, .1110, or .l111ofthis 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 approvalby the RRC.
15A NCAC 02D .0909 COMPLIANCE SCHEDULES FOR SOURCES IN NONATTAINMENTAREAS 

### (a) 

### Applicability. With the exceptions in Paragraph (b) of this Rule, this Rule appliesto all
sources covered by Paragraphs 

### (f), (g),-e++(h), or 

### (i) of Rule .0902 ofthis Section. 

### (b) 

### Exceptions. This Rule does not apply to: (1) sources in Mecklenburg Countyrequired tocomply with the requirements ofthis Section under Rule .0902(e) of this Section; (2) sources covered under Rule .0953or .0954 of this Section; or (3) sources requiredto complywith the requirements ofthis Sectionunder 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 ofthe application of Paragraphs (&-m++ 

# Iff), (h), or (i) ofRule .0902 of this Section shall adhere to the following increments ofprogress and schedules: (1) ifcompliance istobe achieved by installingemission control equipment,replacing process equipment,
or modifying existing process equipment: (A) The owner or operatorshall submit a permit application and a compliance schedulewithin 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 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 becompleted; (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 qualitystandardfor ozone; (B) The compliance schedule shall contain the following increments: (i) a date by which research and development of low solvent content coating shallbe completed ifthe 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 dateby which purchase ordersshallbe 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 ofthe ambient air quality standardfor ozone. (3) The owner or operator shall certlfito theDirector within fie days afier each increment deadline of progress in thisParagraph, whether the required increment ofprogress has been met. 

### (d) Nonattainment areas. The owner or operator ofany source subject to thisRule because of the application ofParagraphs 

# fl ofRule .0902 ofthis 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 apermit application and a compliance schedule by August 1, 2007 (B) The complianceschedule 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 ofcomponent 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 installafionof 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 confentcoating technology: (A) The owner or operator shall submit apermit application and a compliance schedule by August 1, 2007. (B) The complianceschedule shall contain the following increments: 

### (i) a date by which research and development of lowsolvent content coating shall be completed iftheDirector determines that low solvent content coating technology has not been suficiently researched and developed; (ii) a date bywhich evaluation ofproductqualityandcommercial acceptance shall be completed;IV-8
(iil) a date by which purchase orders shall be issued for low solvent content coatings andprocess modtfications; (iv) a date by which process modifications shall be initiated; and (v) a date by whichprocess rnodfications shall be completed and use oflow solvent content coatings shall begin; (C) Final compliance shall be achieved no later thanApril 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 hasbeenmet. 

### (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 Charlotteozonenonattainment area contingencyplan. Paragraph (c)of this Rule shall not applyto sourcesthat are in compliance with applicable rules ofthis Section when the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standardfor 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 CarolinaRegister that resolves a violation of the ambient air qualitystandard for ozone. (2) Nonattainment areas. Paragraphs 

### (4 ofthisRule shall not apply to sources in an area named in Paragraph 

### Ifl ofRule.a902 ofthisSection thatare in compliance with applicable rulesofthisSection on March I,2007. 

### (g) New sources. (1) Maintenance -area and Charlotte ozone nonattainment area contingency plan. The owner or operator ofany new source ofvolatile 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 ofrules in the North CarolinaRegister that resolves a violation ofthe ambientair qualitystandardfor ozone,shall comply with all applicable rules in this Section upon start-up of the source. (2) Nonattainmenfareas. Theowner or operator ofanynew source ofvolatile organiccompoundsnot in existence or under construction beforeMarch 1, 2007 in anarea identified inParagraph 

### 0ofRule 0902shall compbwith all applicable rules inthisSection 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 thisSection donot apply except asspecijkally set out in 

### thisRule. (3) 

### The requirements ofthis Section shall apply to all sources May 1through September 30 of each year. 

### (c) Rules



## . l409(b) and.141 

### 6through 

### .I423 ofthis Section apply statewide. (i

### T%e Rules .I407

### through .I409

### and.1413of 

### thisSection apply tosources with the potential to emit 100

### ton or more nitrogen oxidesper 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 inIredell 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 ofDavie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River, the Director shall initiate analysisto 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 analysisby notice in the North Carolina Register. The notice shall identifythe 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 combinationthereof. At least one week before the scheduled publication date ofthe North CarolinaRegister 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 .I403ofthis 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 ofthe 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 asnecessary by the analysis by notice in the North CarolinaRegister. 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 ofthe 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 ofthis Section informing them that they are or may be subject to the requirements ofthis Section. Compliance shall be in according to Rule .I403 of this Section. (g) IfEPA notifies the State that its nonattainment plan for ozone has failed to attain the ambient air quality standard for ozoneinthe Charlotte-Gastonia-Rock Hill ozone nonattainrnent area,therules in this Sectionshall apply to sourcesin 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 100tons of nitrogen oxides per year. Within 

### 60 days of receipt ofthenotification from EPA,theDirector shall notice the applicability ofthese Rules tothese sources in theNorth CarolinaRegister and shall send written notification to all permitted facilities within the counties in which the rules are being implemented that are or may beIV- 10

subiecttotherequirements ofthis Section informing themthat they areormaybesubiecttotherequirements ofthis Section. (ForMecklenburg County, "Director"means forthepurpose ofnotifvingpermitted facilities

### in Mecklenburg County. the Director of the Mecklenburg County local air pollution control program.) Compliance shall be according-toRule 

### .I403ofthis Section. 

### (h) 

### Regardless ofany other statement ofapplicability ofthis Section, thisSection does not apply to any: (1) sourcenot required to obtain an airpermit under 15ANCAC 024.0102or is an insignificant activity as defined at 15A NCAC 024 .0103(19); (2) incinerator or thermal or catalytic oxidizer used primarily for the control ofair pollution; (3) emergency generator; (4) emergency use internal combustion engine; (5) source that is not covered under Rules .I416, .I417,or .1418,and that is at a facility with a federally enforceable potential to emit nitrogen oxides of: (A) less than 100tons per year; and (B) lessthan 560 pounds per calendar day beginning May 1 through September 30 of any year. (6) stationary internal combustionengine lessthan 2400brake horsepower that operatesno 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. Thisexemption shall not applyto any ofthe sources listed in Rules .1417(a)(l)or (2)or.141 7(b)ofthisSection 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 

### ofthis Section. 

### (b)Maintenance area and Charlotte ozone nonattainment area contingency plan. The owner
or operator of a source subjectto this Rule because ofthe applicability of Paragraph 

# #a (0, or (E) 

### of Rule .I402 ofthis 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 toRule .I404ofthis Section,within 12 months after theDirector'snotice in the North Carolina Register to demonstrate compliance with the applicable limitation. (2) If compliancewith this Section istobe achieved through the installation ofcombustion modification technology or other source modification: (A) Theowner or operator shall submit a permit application and acompliance schedule within six months afterthe 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 componentparts; (ii) a date by which installation ofthe modification shall begin; (iii) a date by which installation ofthe 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 shallbe 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 .1412of this Section.If such apetition ismade, 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 asprovided for in Rule .I41 0 ofthis Section: (A) Theowner or operatorshall abidebythe applicable requirements of Subparagraphs(b)(l) or (b)(2) ofthis Rule for certification or modification of each sourceto 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 ofthe averaging sources. Ifmodification ofone or more ofthe 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 asprovided for in Rule .I411 ofthis Section: (A) The owner or operator shall make all necessary modifications according to Subparagraph (b)(2) ofthis 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 shallbe achieved withinthreeyears 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 ofprogress in this Paragraph, whether the required increment of progress has been met. 

### (c) Nonattainment areas. The owner or operator ofa source subject to thisRule because of the applicability ofParagraph (d) 

### ofRule 1402

### ofthis 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 byAugust 1, 2007; (B) The owner or operator shallperform any required testing, according toRule.1415 of this Section, byJanuary 1,2008 and (C) The owner or operator shall implement any required recordkeeping and reporting requirements,according toRule .I404 of this Section, byJanuary 1, 2008. (2) Ifcompliance withthis Section is tobe achieved throughthe installation ofcombustionmodzfication technology or othersource modrfication: (A) The owner or operator shall submit apermit 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 ofthe modification shall be awarded or orders shall be issued for purchase ofcomponentparts; (ii) a date bywhich installation ofthe modtjication shall begin; (iii) a date by which installation of the modijication shall be completed; and (iv) ifthesource is subject toa limitation, a date bywhich compliance testing shall be completed. (C) Final compliance shall be achieved nolater thanApril 1, 2009. 

## If compliance with this Section is to be achieved through the implementation of an emissions averagingplanas providedfor in Rule

.I410 ofthisSection: (A) The owner oroperator shall abide by the applicable requirements ofSubparagraph(c)(l)or (c)(2) ofthisRule for certification or modgficationofeachsource tobe included under the averaging plan; (B) The owner or operator shall submit a plan to implement an emissions averaging plan according toRule .I410 of this Section byAugust 1, 2007. (C) Final compliance shall be achieved within one year nolater thanJanuary I, 2008. If compliance with this Section is to be achieved through the implementation of a seasonalfuel switchingprogram asprovidedfor inRule .I41 I of this Section: (A) The owner or operator shall make allnecessary modfiationsaccordingtoSubparagraph (c)(2) ofthis Rule. (B) The owner or operator shall include aplanfor complying with the requirements ofRule ,1411 of this Section with the permit application required under Part (A) of this Subparagraph. (C) Final compliance shall be achievedno later thanApril I,2009. Increments ofprogress cert1jication. The owner or operatorshall certtfy tothe 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 tosources that are incompliancewith applicable rules ofthisSecfionwhen the Director notices the implementation of rules in the North Carolina Register thatresolvesa violation of the ambientair qualitystandard for ozone and thathavedetermined andcertified compliance tothe satisfaction of the Director within six monthsafter theDirector notices the implementationofrulesin the North CarolinaRegister that resolves a violation ofthe 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) ofRule ,1402 of this Section that are in compliance with applicable rules of this Section onMarch 1, 2007. 

### (e) 

### New sources. (I) Maintenance areaand Charlotte ozone nonattainment areacontingency plan.Theowner or operatorof 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 inthis Section upon start-up of the source.Theowneror operator ofanynew sourcecovered under Rules .1407, .1408, .1409, .1413, or .I418ofthis Section shall complywith all applicablerules in this Section upon start-up ofthe source. (2) Nonattainrnent areas. The owner or operator of any new source ofnitrogen oxides notpermitted before March 1, 2008 in an area identified in Paragraph 

### (4 ofRule ,1402 of this Section, shall cornpi) with allapplicable rules inthis Section uponstart-up ofthe 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 eachyear 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, (10) methylene chloride, (1 1) ozone, (12) chlorine, (1

3) hydrazine, (14) phosphine, (1

5) particulate matter (PMI0), (16) carbon monoxide, (17) lead, and (18) perchloroethylene. 

### /b) The accuracy ofthe 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, ifthe 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, (10) Union County, J1 1 ) Wake County, (12) Davidson Township and Coddle Creek Township in Iredell Countv, (13) Dutchville Township in Granville County, or (14) that part ofDavie County bounded bytheYadkin River, Dutchmans Creek,North CarolinaHighway 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 15ANCAC 2D .0202 (Registration ofAir 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.

Sittingwith 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 tothe 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 forvolatile 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.

[hearingofficer]: 

### 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.

[hearingofficer]:



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

### [SPEAKERS]

[hearingofficer]:



### 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 RECEIVEDAT 

### 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 

### 1641Mail ServiceCenter 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 followingparagraphs the term "source"be replaced by "facility" to avoid any confusion

in determining applicability:
15ANCAC 2D .0902 (f) and (i) 15ANCAC 2D .I402(d) and (g)


### If you have any questions or concernsplease contactme 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: ControllingVOC 

### And NOxAir Emissions From Sources In Serious NonattainmentAreas 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, 9l9/733- 1489 Thom.Allen@ncrnail.net



### Sources In NewNonattainment Areas

15ANCAC 02D .0902 Applicability 15ANCAC 02D .0909 Compliance Schedules For Sources In New Nonattainment Areas 15ANCAC 02D .I402Applicability 15ANCAC 02D .I403Compliance 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 DOTAnalysis 

## - 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-21.1 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 50but less than 100tons 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 $337,000and overall average cost effectiveness of $2,600 per ton NOx. There are no affected facilities with the potential to emit at least 50but less than 100tons 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)50to 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 15ANCAC 02D .0902 and .l4O2 designate applicable sources for VOC and NOx RACT. Amendments to 15ANCAC 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-majorsources) with a PTE of at least 50but less than 100tons 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

15ANCAC 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.
15ANCAC 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 15ANCAC 02D ,0902to the compliance schedule for nonattainment areas.
15ANCAC 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 15ANCAC 02D .0902,Applicability.
15ANCAC 02D .l4O3, Compliance Schedules,The amendment adds "Charlotte ozone nonattainment area contingency plan,"new NOx sources that are conditional as identified in 15ANCAC 02D .I402 to the compliance schedule for nonattainment areas.


### VI. Motivation for Rule Modifications

These rule amendments (thecontingency 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 50but less than 100tons per year of VOC or NOx in the moderate nonattainment area consisting of Union, Mecklenburg, Gaston,Lincoln, Cabarrus,Rowan counties, and Davidson Township andCoddle 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 50but less than 100tons 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, 15ANCAC 02D .0952,Petition for Alternative Controls For RACT, allows for 

### a facility to demonstrate to the Director that compliance with the rules in Section .0900would 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 .1412,Petition For Alternative Limitations, mirrors 02D ,0952with 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 (15ANCAC 02D .14lo),or through the implementation of fuel switching program ( 15ANCAC 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 130tons per year from eight sources at an annualized cost of $337,000 and overall average cost effectiveness of $2,600per 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 $337,000of 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-healthrelated damages), and thus require action to reduce emissions of ozone precursors. EPA ozone standard is an 8-houraverage 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-21.4.
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-attainmentAreas

I. Basic Information

- 

### 2.Analyst: 

### Contact Information

Michael Brandon, P.E. mailto:mike.brandon@ncmail.net 

### 1.Division of Air Quality File Number 

# IDENR,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 

### 15ANCAC 2Q .0207 The proposed amendment is to extend the requirements for stationary source reporting of emissions of nitrogen oxides (NOx) and volatile



### 11. ScreeningAnalysis

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 143-215.3(a) NCGS 150B-2(lb) NCGS 150B-21.5(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-21.4(a)

# 1 No NCGS 150B-21.1

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-21.1 (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 DOTAnalysis 

## - 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 

## onlytechnical changes being incorporated such that public notice and rule-making hearings are not required? General Statute 

# s

NCGS 150B21.4(al)

NCGS 150B- 21.4(b)(l) 

# Y I



### NCGS 150B-21.5 

# U NCGS 150B-21.4(b)

111. 

### Executive Summary Yes

The proposed amendment to the Emissions Inventory Rule (15ANCAC 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 100tons 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 ($136,000total 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 andPurpose

### 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 theAmerican 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 

### 100tons 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 

### 100tons per year of NOx or VOC located in the newly designated areas. It should be noted that stationary sources with emission greater than 

### 100tons 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-attainmentAreas 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 actualemissions between 25 and 100tons per year of VOC or NOx that this rule presently affects (about an 18percent 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 (2man-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 2012 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

Thebenefit 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 tothe 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 "substantialeconomic 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 101 Internal Approval Form.
Submission for Notice Form and material submitted to the Office of Administrative Hearings.
The public notice as it appears in 

### TheNorth 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

VOICE OFTHE MOUNTAINS CITIZEN-TIMES corn 

# c-

14 0.Henry Avenue P.O. Box 2090 Asheville, NC 28802 828-252-5611

NORTH CAROWNA ENVIRONMENTAL MNAGEMENTCOMMISSION 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

pildionsubmittalale. 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 pforcethem in its areaoi i~rlsdiction. 

# 4

I 16,-280?; to-recelve Wltional written Jo be IncluUed, the statement must bvihe DivislonbvApril 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 my be obtained by contacting: 

# I AFFIDAVIT OF 

## PUBLICATION BUNCOMBE COUNTY SS. NORTH CAROLINA



### Before theundersigned, a Notary Public of said County and State, duly commissioned, qualified and authorizedbylaw 

### to administer oaths. personally appeared Jesica Gaskin, 

### who, being first duly sworn, deposes and says: that she is the Legal Billing Clerk 

### ofThe 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 ofwhich is attached hereto, waspublished in The Asheville CitizenTimes 

### onthe 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, anewspaper meeting all ofthe requirements and qualificationsof Section 1-597

### of the General Statues ofNorth 

### 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 ofFebqary, 2007

Sworn to and subscribedbefore me

### the 8qt 

### Februarv. 2- A

### STATE 

### OF NORTH CAROLINA COUNTY OFNEW 

### 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~onsconstdered 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 ofjurtsdict~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 Beforethe 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 herebygivenforpublic hearings to be heard by the North Carolina OepartmerztofEizvironrneiztand Natural Resources,Divisiolz ofAir 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. 1-597G.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 summonshas 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 ofthe Winston-Salem Journal, engaged in thepublishing 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 ofthe General Statutes of North Carolina.
This 9th day ofFebruary, 2007

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

# - WBUC NOTICE NORTH CI\RWNA ENVlRONMENTM MANAGEMENTWMMISSDN Notice ishereb givenfor public hearin sto 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. PURPOSETo receive comments on ro osedamendments 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 adopredbya local air pollutioncontrda en cy thenthatagencywlllenforcethem In Itsareaoqju: r~idiction. DATESAND LOCAW March 14 2007 7:W P.M ~harlotte~ecklenbur bovemrnehcenter Rwm&I-14 600 East 4th Street Charlotte, NC 28202

ple want,to speak The hearing record.will femain open untdA~rll 16.2007. to recetveaddltronalwrrtten statements 'To be included the statement must be received bythe 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. 

# 1SS. NORTH CAROLINA ENVIRONMENTAL -EM WSSION WBLlC NOTICE Notice is herebv given for public hearingsto be heard bv the North -Coroiino Deportment of Environment ond Natural Resources, Division of Air Qualitv concerningthe 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 newownbumheruie; ondprowsedrewoiof outomobiie toib!~eernlsslonstandordsNleond Initial Title V wrrnlt o~PlicatIon submittal :ritle. 

# I

# IWTESAND UXATION: March14,2W7,7!00 P.M.

Charlotte-Mecklenbure Government Center Room CH-14 600 Eost 4th Street Charlotte, NC 28202 

# IICOMMENT PROCEDURES: Ail persons interested In

these motlersare lnviteato attendtne ptlbllc nwrlng.LVly mdaslrirm to axTment is reamski to sutwnti a

statement must be received bv the Divis~on byAbril 18, 

## 11m7.

INFORMATION: Cop~es of the proposed rule changes mov be downloadedat 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 Fwetteville91W486-1541 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 theheartngsorthe ProPoxlls rnwbe 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 ofNorth Carolina and
was a qualified newspaper within the meaning of Section 1- 597 ofthe General Statutes ofNorth 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 ofthe 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 

### :* WORTHCAR&INA EN~RONMENTAL %

### - 

### . MANAGEMENTCOMMISSION

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 atW followng crtlffi

Ashwille 8281296/4500 Fayettejille 91014861541 Mooresvtlle 7041863-1699 Raletgh 919,79142CO Washington 25Y9466481 Wlm~ngton 810,7967215 WtqmSalem 336I771-4MH) Comments should be sent to and addrtlonal lnformebonmncernlng meheanngs or the proposals may be obtatned by contacbng Mr Thomas C Allen Dtvlstonof Alr Quality 7641 Mall Sem Center Raleigh NotthCarollna 27699 1641 (919)733-1489 Phone (919)715-7A76fStI momalbn@ncml net

day and year EafaJresaid. 

### My Commission Expires 

### May 17, 2011 My Commission Expires: 

### --/--/--