Appendix M 

Adopted State Measures 
Adopted State Measures i 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone Appendix M 

North Carolina Attainment Demonstration June 15, 2007 
Adopted State Measures 1 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone Appendix M 

North Carolina Attainment Demonstration June 15, 2007 

INTRODUCTION 

This Appendix contains the North Carolina rules and legislation that has been adopted or are in 

the process of being adopted. Below is listed the rules and legislations, with a short description, 

and the corresponding page numbers where the measure can be found. 

New Source Review Rules (2D.0530-.0532)...................................................................................3 

The purpose of the rule is to implement a program for the prevention of significant 

deterioration of air quality. 2D.0530 pertains to sources located in attainment areas of the 

State, 2D.0531 pertains to sources located within a nonattainment area and 2D.0532 

pertains to sources that contribute to nonattainment areas. 

Reasonable Available Control Technology (RACT).....................................................................23 

 100 tons per year volatile organic compounds (VOCs) and Nitrogen oxides (NOx) RACT 

is required in a moderate ozone nonattainment area. The VOC rules have been recently 

updated and adopted to reflect the nonattainment RACT requirements. For the 

nonattainment VOC RACT, the requirements are found in sections 2D.0902 and .0909 

and the nonattainment NOx RACT requirements are found in sections 2D.1402 and 

14.03. 

VOC Rules (2D.0900) ...................................................................................................................35 

 This section contains the requirements for VOC controls. 

NOx Rules (2D.1400) ..................................................................................................................131 

 This section contains the requirements for the NOx SIP Call regulations, as well as the 

NOx RACT requirements for a moderate nonattainment area. 

Open Burning (2D.1900) .............................................................................................................195 

 This section contains the prohibition of open burning on air quality action days. 

Banking Emission Reduction Credits (2D.2300).........................................................................206 

 This section contains the requirements and process to bank emission reduction credits in 

a nonattainment area. These banked credits provide a pool for which emission offsets 

may be purchased. 

Clean Air Interstate Rule (2D.2400)............................................................................................215 

 This section contains the requirements in order to meet the US Environmental Protection 

Agency’s Clean Air Interstate Rule. 
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Emissions Inventory Statement Requirement (2Q.0207) ............................................................229 

 This section contains the requirement for sources emitting 25 tons per year or more of 

NOx and/or VOC emissions, within the nonattainment area, to report their emissions 

annual. Updates to this rule recently completed the public hearing process and will be 

taken to the Environmental Management Commission (EMC) for adoption in May 2007. 

If adopted by the EMC and no appeal is made for legislative review, this rule will 

become effective on July 1, 2007. 

RACT Contingency ....................................................................................................................231 

 As part of the contingency measures, the North Carolina Division of Air Quality is 

lowering the NOx and VOC RACT requirement to facilities with the potential to emit 50 

tons per year or more of the NOx or VOCs. The contingency measures required revisions 

to the VOC and NOx rules. The updates to these rules recently completed the public 

hearing process and will be taken to the EMC for adoption in May 2007. If adopted by 

the EMC and no appeal is made for legislative review, these rule will become effective 

on July 1, 2007. 

Senate Bill 953 (Clean Air Bill)...................................................................................................247 

 This legislation required the inspection and maintenance program to be expanded from 9 

counties to 48 counties in North Carolina. 

Senate Bill 1078 (North Carolina Clean Smokestacks Act) ........................................................263 

 This legislation requires a annual NOx and sulfur dioxide budget for the two largest 

utility companies in North Carolina, Duke Energy and Progress Energy. 

2007 Compliance Plan for Duke Energy .....................................................................................275 

 This document outlines Duke Energy’s compliance plan to meet the requirements of the 

North Carolina Clean Smokestacks Act. 

2007 Compliance Plan for Progress Energy ................................................................................293 

 This document outlines Duke Energy’s compliance plan to meet the requirements of the 

North Carolina Clean Smokestacks Act. 
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15A NCAC 02D .0530 PREVENTION OF SIGNIFICANT 

DETERIORATION 

(a) The purpose of the Rule is to implement a program for the prevention of 

significant deterioration of air quality as required by 40 CFR 51.166 as amended 

November 7, 2003, except those provisions noticed as stayed in 69 FR 40274. 

(b) For the purposes of this Rule the definitions contained in 40 CFR 51.166(b) 

and 40 CFR 51.301 shall apply except the definitions of “baseline actual 

emissions” and “pollution control projects.” 

(1) “Baseline actual emissions” means the rate of emissions, in tons per 

year, of a regulated new source review (NSR) pollutant, as 

determined in accordance with Parts (A) through (C) of this 

Subparagraph. 

(A) For an existing emissions unit, baseline actual emissions 

means the average rate, in tons per year, at which the 

emissions unit actually emitted the pollutant during any 

consecutive 24-month period selected by the owner or 

operator within the 5-year period immediately preceding the 

date that a complete permit application is received by the 

Division for a permit required under this Rule. The Director 

shall allow a different time period, not to exceed 10 years 

immediately preceding the date that a complete permit 

application is received by the Division, if the owner or 

operator demonstrates that it is more representative of 

normal source operation. 

(i) The average rate shall include fugitive emissions to 

the extent quantifiable, and emissions associated with 

startups, shutdowns, and malfunctions. 

(ii) The average rate shall be adjusted downward to 

exclude any non-compliant emissions that occurred 

while the source was operating above any emission 

limitation that was legally enforceable during the 

consecutive 24-month period. 

(iii) For an existing emission unit (other than an electric 

utility steam generating unit), the average rate shall 

be adjusted downward to exclude any emissions that 

would have exceeded an emission limitation with 

which the major stationary source must currently 

comply. However, if the State has taken credit in an 

attainment demonstration or maintenance plan 

consistent with the requirements of 40 CFR 

51.165(a)(3)(ii)(G) for an emission limitation that is 

part of a maximum achievable control technology 

standard that the Administrator proposed or 

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promulgated under part 63 of the Code of Federal 

Regulations, the baseline actual emissions shall be 

adjusted to account for such emission reductions. 

(iv) For an electric utility steam generating unit, the 

average rate shall be adjusted downward to reflect any 

emissions reductions under G. S. 143-215.107D and 

for which cost recovery is sought pursuant to G. S. 62-

133.6. 

(v) For a regulated NSR pollutant, when a project 

involves multiple emissions units, only one 

consecutive 24-month period shall be used to 

determine the baseline actual emissions for all the 

emissions units being changed. A different 

consecutive 24-month period for each regulated NSR 

pollutant can be used for each regulated NSR 

pollutant. 

(vi) The average rate shall not be based on any 

consecutive 24-month period for which there is 

inadequate information for determining annual 

emissions, in tons per year, and for adjusting this 

amount if required by Subparts (ii) and (iii) of this 

Part. 

(B) For a new emissions unit, the baseline actual emissions for 

purposes of determining the emissions increase that will 

result from the initial construction and operation of such 

unit shall equal zero; and thereafter, for all other purposes, 

shall equal the unit's potential to emit. 

(C) For a plantwide applicability limit (PAL) for a stationary 

source, the baseline actual emissions shall be calculated for 

existing emissions units in accordance with the procedures 

contained in Part (A) of this Subparagraph, and for a new 

emissions unit in accordance with the procedures contained 

in Part (B) of this Subparagraph. 

(2) “Pollution control project” (PCP) means, at an existing emissions 

unit, any activity, set of work practices, or project (including 

pollution prevention as defined under 40 CFR 51.166(b)(38)), the 

purpose of which is to reduce emissions of air pollutants from such 

unit. Such qualifying activities or projects may include the 

replacement or upgrade of an existing emissions control technology 

with a more effective unit. Other changes that may occur at the 

source are not considered part of the PCP if they are not necessary 

to reduce emissions through the PCP. Projects listed in Parts (A) 

through (F) of this Subparagraph carry the rebuttable presumption 

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during the permitting process that they are environmentally 

beneficial pursuant to 40 CFR 51.166(v)(2)(i), and, using the 

criteria in 40 CFR 51.166(v)(2), the Director may rebut such 

presumption and determine that the project is not environmentally 

beneficial and the project does not qualify as a PCP. Projects not 

listed in Parts (A) through (F) of this Subparagraph may qualify for 

a case specific PCP exclusion pursuant to the requirements of 40 

CFR 51.166(v)(2) and (v)(5). The following are the rebuttable 

presumption pollution control projects described above: 

(A) Conventional or advanced flue gas desulfurization or sorbent 

injection for control of SO2.

(B) Electrostatic precipitators, baghouses, high efficiency 

multiclones, or scrubbers for control of particulate matter or 

other pollutants. 

(C) Flue gas recirculation, low-NOX burners or combustors, 

selective non-catalytic reduction, selective catalytic 

reduction, low emission combustion (for internal 

combustion engines), and oxidation-absorption catalyst for 

control of NOX.

(D) Regenerative thermal oxidizers, catalytic oxidizers, 

condensers, thermal incinerators, hydrocarbon combustion 

flares, biofiltration, absorbers and adsorbers, and floating 

roofs for storage vessels for control of volatile organic 

compounds or hazardous air pollutants. For the purpose of 

this Section, “hydrocarbon combustion flare” means either a 

flare used to comply with an applicable NSPS or MACT 

standard (including uses of flares during startup, shutdown, 

or malfunction permitted under such a standard), or a flare 

that serves to control emissions of waste streams comprised 

predominately of hydrocarbons and containing no more than 

230 mg/dscm hydrogen sulfide. 

(E) Activities or projects undertaken to accommodate switching 

(or partially switching) to an inherently less polluting fuel, to 

be limited to the following fuel switches: 

(i) Switching from a heavier grade of fuel oil to a lighter 

fuel oil, or any grade of oil to 0.05 percent sulfur 

diesel (i.e., from a higher sulfur content #2 fuel or 

from #6 fuel, to CA 0.05 percent sulfur diesel); 

(ii) Switching from coal, wood, oil, or any other solid fuel 

to natural gas, propane, gasified coal, or gasified 

wood; 

(iii) Switching from coal to wood, excluding construction 

or demolition waste, chemical or pesticide treated 

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wood, and other forms of “unclean” wood; 

(iv) Switching from coal to #2 fuel oil (0.5 percent 

maximum sulfur content); and 

(v) Switching from high sulfur coal to low sulfur coal 

(maximum 1.2 percent sulfur content). 

(F) Activities or projects undertaken to accommodate switching 

from the use of one ozone depleting substance (ODS) to the 

use of a substance with a lower or zero ozone depletion 

potential (ODP,) including changes to equipment needed to 

accommodate the activity or project, that meet the following 

requirements: 

(i) The productive capacity of the equipment is not 

increased as a result of the activity or project. 

(ii) The projected usage of the new substance is lower, on 

an ODP-weighted basis, than the baseline usage of the 

replaced ODS. To make this determination, the 

following procedure shall be used: 

(I) Determine the ODP of the substances by 

consulting 40 CFR part 82, Subpart A, 

appendices A and B. 

(II) Calculate the replaced ODP-weighted amount 

by multiplying the baseline actual usage (using 

the annualized average of any 24 consecutive 

months of usage within the past 10 years) by 

the ODP of the replaced ODS. 

(III) Calculate the projected ODP-weighted amount 

by multiplying the projected actual usage of the 

new substance by its ODP. 

(IV) If the value calculated in Sub-Subpart (II) of 

this Subpart is more than the value calculated 

in Sub-Subpart (III) of this Subpart, then the 

projected use of the new substance is lower, on 

an ODP-weighted basis, than the baseline 

usage of the replaced ODS. 

(3) In the definition of “net emissions increase,” the reasonable period 

specified in 40 CFR 51.166(b)(3)(ii) shall be seven years. 

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

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

areas are Class I: 

(1) Great Smoky Mountains National Park; 

(2) Joyce Kilmer Slickrock National Wilderness Area; 

(3) Linville Gorge National Wilderness Area; 

(4) Shining Rock National Wilderness Area; 

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(5) Swanquarter National Wilderness Area. 

(d) Redesignations of areas to Class I or II may be submitted as state proposals 

to the Administrator of the Environmental Protection Agency (EPA), if the 

requirements of 40 CFR 51.166(g)(2) are met. Areas may be proposed to be 

redesignated as Class III, if the requirements of 40 CFR 51.166(g)(3) are met. 

Redesignations may not, however, be proposed which would violate the 

restrictions of 40 CFR 51.166(e). Lands within the boundaries of Indian 

Reservations may be redesignated only by the appropriate Indian Governing 

Body. 

(e) In areas designated as Class I, II, or III, increases in pollutant concentration 

over the baseline concentration shall be limited to the values set forth in 40 CFR 

51.166(c). However, concentration of the pollutant shall not exceed standards set 

forth in 40 CFR 51.166(d). 

(f) Concentrations attributable to the conditions described in 40 CFR 51.166(f)(1) 

shall be excluded in determining compliance with a maximum allowable increase. 

However, the exclusions referred to in 40 CFR 51.166(f)(1)(i) or (ii) shall be 

limited to five years as described in 40 CFR 51.166(f)(2). 

(g) Major stationary sources and major modifications shall comply with the 

requirements contained in 40 CFR 51.166(i) and (a)(7) and by extension in 40 

CFR 51.166(j) through . (o), (r), (v), and (w). The transition provisions allowed by 

40 CFR 52.21 (i)(11)(i) and (ii) and (m)(1)(vii) and (viii) are hereby adopted 

under this Rule. The minimum requirements described in the portions of 40 CFR 

51.166 referenced in this Paragraph are hereby adopted as the requirements to be 

used under this Rule, except as otherwise provided in this Rule. Wherever the 

language of the portions of 40 CFR 51.166 referenced in this Paragraph speaks of 

the "plan," the requirements described therein shall apply to the source to which 

they pertain, except as otherwise provided in this Rule. Whenever the portions of 

40 CFR 51.166 referenced in this Paragraph provide that the State plan may 

exempt or not apply certain requirements in certain circumstances, those 

exemptions and provisions of nonapplicability are also hereby adopted under this 

Rule. However, this provision shall not be interpreted so as to limit information 

that may be requested from the owner or operator by the Director as specified in 

40 CFR 51.166(n)(2). 

(h) New natural gas-fired electrical utility generating units shall install best 

available control technology for NOX and SO2. 

(i) 40 CFR 51.166(w)(10)(iv)(a) is changed to read: “If the emissions level 

calculated in accordance with Paragraph (w)(6) of this Section is equal to or 

greater than 80 percent of the PAL [plant wide applicability limit] level, the 

Director shall renew the PAL at the same level.” 40 CFR 51.166(w)(10)(iv)(b) is 

not incorporated by reference. 

(j) The owner or operator of a major stationary source that meets the 

requirements for using the clean unit provisions in 40 CFR 51.166(t) may use the 

provisions in 40 CFR 51.166(t) by following the procedures in 40 CFR 51.166(t). 

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The Director shall modify the source’s permit according to the provisions in 40 

CFR 51.166(t). 

(k) If a source does not qualify as a clean unit under 40 CFR 51.166(t), but does 

qualify to use the provisions in 40 CFR 51.166(u), the owner or operator of the 

source may use the provisions in 40 CFR 51.155(u) by following the procedures in 

40 CFR 51.166(u). The Director shall modify the source’s permit according to the 

provisions in 40 CFR 51.166(u). 

(l) 15A NCAC 2Q .0102 and .0302 are not applicable to any source to which this 

Rule applies. The owner or operator of the sources to which this Rule applies 

shall apply for and receive a permit as required in 15A NCAC 2Q .0300 or .0500. 

(m) When a particular source or modification becomes a major stationary source 

or major modification solely by virtue of a relaxation in any enforceable 

limitation which was established after August 7, 1980, on the capacity of the 

source or modification to emit a pollutant, such as a restriction on hours of 

operation, then the provisions of this Rule shall apply to the source or 

modification as though construction had not yet begun on the source or 

modification. 

(n) Volatile organic compounds exempted from coverage in 40 CFR 51.100(s) 

shall also be exempted when calculating source applicability and control 

requirements under this Rule. 

(o) The degree of emission limitation required for control of any air pollutant 

under this Rule shall not be affected in any manner by: 

(1) that amount of a stack height, not in existence before December 31, 

1970, that exceeds good engineering practice; or 

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

(p) A substitution or modification of a model as provided for in 40 CFR 51.166(l) 

shall be subject to public comment procedures in accordance with the 

requirements of 40 CFR 51.102. 

(q) Permits may be issued on the basis of innovative control technology as set 

forth in 40 CFR 51.166(s)(1) if the requirements of 40 CFR 51.166(s)(2) have been 

met, subject to the condition of 40 CFR 51.166(s)(3), and with the allowance set 

forth in 40 CFR 51.166(s)(4). 

(r) If a source to which this Rule applies impacts an area designated Class I by 

requirements of 40 CFR 51.166(e), notice to EPA will be provided as set forth in 

40 CFR 51.166(p)(1). If the Federal Land Manager presents a demonstration 

described in 40 CFR 51.166(p)(3) during the public comment period or public 

hearing to the Director and if the Director concurs with this demonstration, the 

permit application shall be denied. Permits may be issued on the basis that the 

requirements for variances as set forth in 40 CFR 51.166(p)(4), (p)(5) and (p)(7), 

or (p)(6) and (p)(7) have been satisfied. 

(s) A permit application subject to this Rule shall be processed in accordance 

with the procedures and requirements of 40 CFR 51.166(q). Within 30 days of 

receipt of the application, applicants shall be notified if the application is 

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complete as to initial information submitted. Commencement of construction 

before full prevention of significant deterioration approval is obtained constitutes 

a violation of this Rule. 

(t) Approval of an application with regard to the requirements of this Rule shall 

not relieve the owner or operator of the responsibility to comply fully with 

applicable provisions of other rules of this Subchapter or Subchapter 2Q of this 

Title and any other requirements under local, state, or federal law. 

(u) When a source or modification subject to this Rule may affect the visibility of 

a Class I area named in Paragraph (c) of this Rule, the following procedures shall 

apply: 

(1) The Director shall provide written notification to all affected 

Federal Land Managers within 30 days of receiving the permit 

application or within 30 days of receiving advance notification of an 

application. The notification shall be at least 30 days prior to the 

publication of notice for public comment on the application. The 

notification shall include a copy of all information relevant to the 

permit application including an analysis provided by the source of 

the potential impact of the proposed source on visibility. 

(2) The Director shall consider any analysis concerning visibility 

impairment performed by the Federal Land Manager if the analysis 

is received within 30 days of notification. If the Director finds that 

the analysis of the Federal Land Manager fails to demonstrate to his 

satisfaction that an adverse impact on visibility will result in the 

Class I area, the Director shall provide in the notice of public 

hearing on the application, an explanation of his decision or notice 

as to where the explanation can be obtained. 

(3) The Director may require monitoring of visibility in or around any 

Class I area by the proposed new source or modification when the 

visibility impact analysis indicates possible visibility impairment. 

(v) If the owner or operator of a source is using projected actual emissions to 

avoid applicability of prevention of significant deterioration requirements, the 

owner or operator shall notify the director of the modification. The notification 

shall include: 

(1) a description of the project, 

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

project, 

(3) the calculated projected actual emissions and an explanation of how 

the projected actual emissions were calculated, 

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

baseline emissions were calculated, and 

(5) any netting calculations if applicable. 

If upon reviewing the notification, the Director finds that it will cause a 

prevention of significant deterioration evaluation, then the Director shall notify 

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the owner or operator of his findings. The owner or operator shall not make the 

modification until it has received a permit issued pursuant to this Rule. If a 

permit revision is not required pursuant to this rule, the owner or operator shall 

maintain records of emissions related to the modifications for 10 years if the 

project involves increasing the emissions unit's design capacity or its potential to 

emit the regulated NSR pollutant by a significant amount, as defined at 40 CFR 

51.166(b)(23)(i), when compared to the pre-modification potential to emit; 

otherwise these records shall be maintained for five years.

(w) The reference to the Code of Federal Regulations (CFR) in this Rule are 

incorporated by reference unless a specific reference states otherwise. The 

version of the Code of Federal Regulations incorporated in this Rule is that as of 

November 7, 2003, except those provisions noticed as stayed in 69 FR 40274, 

and does not include any subsequent amendments or editions to the referenced 

material. 

History Note: Filed as a Temporary Amendment Eff. March 8, 1994, for a 

period of 180 days or until the permanent rule is effective, 

whichever is sooner;

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

215.107(a)(5); 143-215.107(a)(7); 143-215.108(b); 150B-21.6; 

Eff. June 1, 1981; 

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

1994; December 1, 1992; August 1, 1991. 

15A NCAC 02D .0531 SOURCES IN NONATTAINMENT AREAS

(a) For the purpose of this Rule the definitions contained in 40 CFR 51.165(a)(1) 

and 40 CFR 51.301 shall apply except the definition of “baseline actual emissions” 

and “pollution control project.” 

(1) “Baseline actual emissions” means the rate of emissions, in tons per 

year, of a regulated new source review (NSR) pollutant, as 

determined in accordance with Parts (A) through (C) of this 

Subparagraph. 

(A) For an existing emissions unit, baseline actual emissions 

means the average rate, in tons per year, at which the 

emissions unit actually emitted the pollutant during any 

consecutive 24-month period selected by the owner or 

operator within the 5-year period immediately preceding the 

date that a complete permit application is received by the 

Division for a permit required under this Rule. The Director 

shall allow a different time period, not to exceed 10 years 

immediately preceding the date that a complete permit 

application is received by the Division, if the owner or 

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operator demonstrates that it is more representative of 

normal source operation. 

(i) The average rate shall include fugitive emissions to 

the extent quantifiable, and emissions associated with 

startups, shutdowns, and malfunctions. 

(ii) The average rate shall be adjusted downward to 

exclude any non-compliant emissions that occurred 

while the source was operating above any emission 

limitation that was legally enforceable during the 

consecutive 24-month period. 

(iii) For an existing emission unit (other than an electric 

utility steam generating unit), the average rate shall 

be adjusted downward to exclude any emissions that 

would have exceeded an emission limitation with 

which the major stationary source must currently 

comply. However, if the State has taken credit in an 

attainment demonstration or maintenance plan 

consistent with the requirements of 40 CFR 

51.165(a)(3)(ii)(G) for an emission limitation that is 

part of a maximum achievable control technology 

standard that the Administrator proposed or 

promulgated under part 63 of the Code of Federal 

Regulations, the baseline actual emissions shall be 

adjusted to account for such emission reductions. 

(iv) For an electric utility steam generating unit, the 

average rate shall be adjusted downward to reflect any 

emissions reductions under G. S. 143-215.107D and 

for which cost recovery is sought pursuant to G. S. 62-

133.6. 

(v) For a regulated NSR pollutant, when a project 

involves multiple emissions units, only one 

consecutive 24-month period shall be used to 

determine the baseline actual emissions for all the 

emissions units being changed. A different 

consecutive 24-month period for each regulated NSR 

pollutant. 

(vi) The average rate shall not be based on any 

consecutive 24-month period for which there is 

inadequate information for determining annual 

emissions, in tons per year, and for adjusting this 

amount if required by Subparts (ii) and (iii) of this 

Part. 

(B) For a new emissions unit, the baseline actual emissions for 

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purposes of determining the emissions increase that will 

result from the initial construction and operation of such 

unit shall equal zero; and thereafter, for all other purposes, 

shall equal the unit's potential to emit. 

(C) For a plantwide applicability limit (PAL) for a stationary 

source, the baseline actual emissions shall be calculated for 

existing emissions units in accordance with the procedures 

contained in Part (A) of this Subparagraph, and for a new 

emissions unit in accordance with the procedures contained 

in Part (B) of this Subparagraph. 

(2) “Pollution control project” (PCP) means, at an existing emissions 

unit, any activity, set of work practices, or project (including 

pollution prevention as defined under 40 CFR 51.165(a)(1)(xxvi)), 

the purpose of which is to reduce emissions of air pollutants from 

such unit. Such qualifying activities or projects may include the 

replacement or upgrade of an existing emissions control technology 

with a more effective unit. Other changes that may occur at the 

source are not considered part of the PCP if they are not necessary 

to reduce emissions through the PCP. Projects listed in Parts (A) 

through (F) of this Subparagraph carry the rebuttable presumption 

during the permitting process that they are environmentally 

beneficial pursuant to 40 CFR 51.165(e)(2)(i), and, using the 

criteria in 40 CFR 51.165(e)(2), the Director may rebut such 

presumption and determine that the project is not environmentally 

beneficial and the project does not qualify as a PCP. Projects not 

listed in Parts (A) through (F) of this Subparagraph may qualify for 

a case specific PCP exclusion pursuant to the requirements of 40 

CFR 51.165(e)(2) and (e)(5). The following are the rebuttable 

presumption pollution control projects described above: 

(A) Conventional or advanced flue gas desulfurization or sorbent 

injection for control of SO2.

(B) Electrostatic precipitators, baghouses, high efficiency 

multiclones, or scrubbers for control of particulate matter or 

other pollutants. 

(C) Flue gas recirculation, low-NOX burners or combustors, 

selective non-catalytic reduction, selective catalytic 

reduction, low emission combustion (for internal 

combustion engines), and oxidation-absorption catalyst for 

control of NOX.

(D) Regenerative thermal oxidizers, catalytic oxidizers, 

condensers, thermal incinerators, hydrocarbon combustion 

flares, biofiltration, absorbers and adsorbers, and floating 

roofs for storage vessels for control of volatile organic 

Adopted State Measures 

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compounds or hazardous air pollutants. For the purpose of 

this Section, “hydrocarbon combustion flare” means either a 

flare used to comply with an applicable NSPS or MACT 

standard (including uses of flares during startup, shutdown, 

or malfunction permitted under such a standard), or a flare 

that serves to control emissions of waste streams comprised 

predominately of hydrocarbons and containing no more than 

230 mg/dscm hydrogen sulfide. 

(E) Activities or projects undertaken to accommodate switching 

(or partially switching) to an inherently less polluting fuel, to 

be limited to the following fuel switches: 

(i) Switching from a heavier grade of fuel oil to a lighter 

fuel oil, or any grade of oil to 0.05 percent sulfur 

diesel (i.e., from a higher sulfur content #2 fuel or 

from #6 fuel, to CA 0.05 percent sulfur diesel); 

(ii) Switching from coal, wood, oil, or any other solid fuel 

to natural gas, propane, gasified coal, or gasified 

wood; 

(iii) Switching from coal to wood, excluding construction 

or demolition waste, chemical or pesticide treated 

wood, and other forms of “unclean” wood; 

(iv) Switching from coal to #2 fuel oil (0.5 percent 

maximum sulfur content); and 

(v) Switching from high sulfur coal to low sulfur coal 

(maximum 1.2 percent sulfur content). 

(F) Activities or projects undertaken to accommodate switching 

from the use of one ozone depleting substance (ODS) to the 

use of a substance with a lower or zero ozone depletion 

potential (ODP,) including changes to equipment needed to 

accommodate the activity or project, that meet the following 

requirements: 

(i) The productive capacity of the equipment is not 

increased as a result of the activity or project. 

(ii) The projected usage of the new substance is lower, on 

an ODP-weighted basis, than the baseline usage of the 

replaced ODS. To make this determination, the 

following procedure shall be used: 

(I) Determine the ODP of the substances by 

consulting 40 CFR Part 82, Subpart A, 

Appendices A and B. 

(II) Calculate the replaced ODP-weighted amount 

by multiplying the baseline actual usage (using 

the annualized average of any 24 consecutive 

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months of usage within the past 10 years) by 

the ODP of the replaced ODS. 

(III) Calculate the projected ODP-weighted amount 

by multiplying the projected actual usage of the 

new substance by its ODP. 

(IV) If the value calculated in Sub-Subpart (II) of 

this Subpart is more than the value calculated 

in Sub-Subpart (III) of this Subpart, then the 

projected use of the new substance is lower, on 

an ODP-weighted basis, than the baseline 

usage of the replaced ODS. 

 (3) In the definition of “net emissions increase,” the reasonable period 

specified in 40 CFR 51.165(a)(1)(vi)(C)(1) shall be seven years. 

(b) Redesignation to Attainment. If any county or part of a county to which this 

Rule applies is later designated in 40 CFR 81.334 as attainment for ozone or 

carbon monoxide, all sources in that county subject to this Rule before the 

redesignation date shall continue to comply with this Rule. 

(c) Applicability. This Rule applies to the following areas: 

(1) Ozone Nonattainment Areas, to major stationary sources and major 

modifications of sources of volatile organic compounds or nitrogen 

oxides for which construction commences after the area in which 

the source is located is designated according to Part (A) or (B) of 

this Subparagraph: 

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

ozone, or 

(B) any of the following areas and in that area only when the 

Director notices in the North Carolina Register that the area 

is in violation of the ambient air quality standard for ozone: 

(i) Charlotte/Gastonia, consisting of Mecklenburg and 

Gaston Counties; with the exception allowed under 

Paragraph (l) of this Rule; 

(ii) Greensboro/Winston-Salem/High Point, consisting of 

Davidson, Forsyth, and Guilford Counties and that 

part of Davie County bounded by the Yadkin River, 

Dutchmans Creek, North Carolina Highway 801, 

Fulton Creek and back to Yadkin River; or 

(iii) Raleigh/Durham, consisting of Durham and Wake 

Counties and Dutchville Township in Granville 

County. 

Violations of the ambient air quality standard for ozone shall 

be determined according to 40 CFR 50.9. 

(2) Carbon Monoxide Nonattainment Areas. This Rule applies to major 

stationary sources and major modifications of sources of carbon 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

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monoxide located in areas designated in 40 CFR 81.334 as 

nonattainment for carbon monoxide and for which construction 

commences after the area in which the source is located is listed in 

40 CFR 81.334 as nonattainment for carbon monoxide. 

(d) This Rule is not applicable to: 

(1) complex sources of air pollution regulated only under Section .0800 

of this Subchapter and not under any other rule in this Subchapter; 

(2) emission of pollutants at the new major stationary source or major 

modification located in the nonattainment area that are pollutants 

other than the pollutant or pollutants for which the area is 

nonattainment. (A major stationary source or major modification 

that is major for volatile organic compounds or nitrogen oxides is 

also major for ozone.); 

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

major; 

(4) a new source or modification that qualifies for exemption under the 

provision of 40 CFR 51.165(a)(4); or 

(5) emission of compounds listed under 40 CFR 51.100(s) as having 

been determined to have negligible photochemical reactivity except 

carbon monoxide. 

(e) 15A NCAC 2Q .0102 and .0302 are not applicable to any source to which this 

Rule applies. The owner or operator of the source shall apply for and receive a 

permit as required in 15A NCAC 2Q .0300 or .0500. 

(f) To issue a permit to a source to which this Rule applies, the Director shall 

determine that the source meets the following requirements: 

(1) The new major stationary source or major modification will emit 

the nonattainment pollutant at a rate no more than the lowest 

achievable emission rate; 

(2) The owner or operator of the proposed new major stationary source 

or major modification has demonstrated that all major stationary 

sources in the State that are owned or operated by this person (or 

any entity controlling, controlled by, or under common control with 

this person) are subject to emission limitations and are in 

compliance, or on a schedule for compliance that is federally 

enforceable or contained in a court decree, with all applicable 

emission limitations and standards of this Subchapter that EPA has 

authority to approve as elements of the North Carolina State 

Implementation Plan for Air Quality; 

(3) The owner or operator of the proposed new major stationary source 

or major modification will obtain sufficient emission reductions of 

the nonattainment pollutant from other sources in the 

nonattainment area so that the emissions from the new major 

source and associated new minor sources will be less than the 

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The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

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emissions reductions by a ratio of at least 1.00 to 1.15 for volatile 

organic compounds and nitrogen oxides and by a ratio of less than 

one to one for carbon monoxide. The baseline for this emission 

offset shall be the actual emissions of the source from which offset 

credit is obtained. Emission reductions shall not include any 

reductions resulting from compliance (or scheduled compliance) 

with applicable rules in effect before the application. The 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

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difference between the emissions from the new major source and 

associated new minor sources of carbon monoxide and the emission 

reductions shall be sufficient to represent reasonable further 

progress toward attaining the Ambient Air Quality Standards. The 

emissions reduction credits shall also conform to the provisions of 

40 CFR 51.165(a)(3)(ii)(A) through (J); and 

(4) The North Carolina State Implementation Plan for Air Quality is 

being carried out for the nonattainment area in which the proposed 

source is located. 

(g) New natural gas-fired electrical utility generating units shall install lowest 

achievable emission rate technology for NOX and SO2. 

(h) 40 CFR 51.165(f)(10)(iv)(A) is changed to read: “If the emissions level 

calculated in accordance with Paragraph (f)(6) of this Section is equal to or 

greater than 80 percent of the PAL level, the Director shall renew the PAL at the 

same level.” 40 CFR 51.165(f)(10)(iv)(B) is not incorporated by reference. 

(i) The owner or operator of a major stationary source that meets the 

requirements for using the clean unit provisions in 40 CFR 51.165(c) may use the 

provisions in 40 CFR 51.165(c) by following the procedures in 40 CFR 51.165(c). 

The Director shall modify the source’s permit according to the provisions in 40 

CFR 51.165(c). 

(j) If a source does not qualify as a clean unit under 40 CFR 51.165(c), but does 

qualify to use the provisions in 40 CFR 51.165(d), the owner or operator of the 

source may use the provisions in 40 CFR 51.155(d) by following the procedures in 

40 CFR 51.165(d). The Director shall modify the source’s permit according to the 

provisions in 40 CFR 51.165(d). 

(k) When a particular source or modification becomes a major stationary source 

or major modification solely by virtue of a relaxation in any enforceable 

limitation established after August 7, 1980, on the capacity of the source or 

modification to emit a pollutant, such as a restriction on hours of operation, then 

the provisions of this Rule shall apply to the source or modification as though 

construction had not yet begun on the source or modification. 

(l) To issue a permit to a source of a nonattainment pollutant, the Director shall 

determine, in addition to the other requirements of this Rule, that an analysis 

(produced by the permit applicant) of alternative sites, sizes, production 

processes, and environmental control techniques for source demonstrates that 

the benefits of the source significantly outweigh the environmental and social 

costs imposed as a result of its location, construction, or modification. 

(m) Approval of an application regarding the requirements of this Rule shall not 

relieve the owner or operator of the responsibility to comply fully with applicable 

provisions of other rules of this Chapter and any other requirements under local, 

state, or federal law. 

(n) When a source or modification subject to this Rule may affect the visibility of 

a Class I area named in Paragraph (c) of Rule .0530 of this Section, the following 

Adopted State Measures 

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procedures shall be followed: 

(1) The owner or operator of the source shall provide an analysis of the 

impairment to visibility that would occur because of the source or 

modification and general commercial, industrial and other growth 

associated with the source or modification; 

(2) The Director shall provide written notification to all affected 

Federal Land Managers within 30 days of receiving the permit 

application or within 30 days of receiving advance notification of an 

application. The notification shall be at least 30 days before the 

publication of the notice for public comment on the application. 

The notification shall include a copy of all information relevant to 

the permit application including an analysis provided by the source 

of the potential impact of the proposed source on visibility; 

(3) The Director shall consider any analysis concerning visibility 

impairment performed by the Federal Land Manager if the analysis 

is received within 30 days of notification. If the Director finds that 

the analysis of the Federal Land Manager fails to demonstrate to his 

satisfaction that an adverse impact on visibility will result in the 

Class I area, the Director shall provide in the notice of public 

hearing on the application, an explanation of his decision or notice 

where the explanation can be obtained; 

(4) The Director shall issue permits only to those sources whose 

emissions will be consistent with making reasonable progress 

toward the national goal of preventing any future, and remedying 

any existing, impairment of visibility in mandatory Class I areas 

when the impairment results from manmade air pollution. In 

making the decision to issue a permit, the Director shall consider 

the cost of compliance, the time necessary for compliance, the 

energy and nonair quality environmental impacts of compliance, 

and the useful life of the source; and 

(5) The Director may require monitoring of visibility in or around any 

Class I area by the proposed new source or modification when the 

visibility impact analysis indicates possible visibility impairment. 

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

nonprofit educational institutions. 

(o) Paragraphs ((f) and (l) of this Rule shall not apply to a new major stationary 

source or a major modification of a source of volatile organic compounds or 

nitrogen oxides for which construction commences after the area in which the 

source is located has been designated according to Part (c)(1)(B) of this Rule and 

before the area is designated in 40 CFR 81.334 as nonattainment for ozone if the 

owner or operator of the source demonstrates, using the Urban Airshed Model 

(UAM), that the new source or modification will not contribute to or cause a 

violation. The model used shall be that maintained by the Division. The Division 

Adopted State Measures 

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shall run the model only after the permit application has been submitted. The 

permit application shall be incomplete until the modeling analysis is completed. 

The owner or operator of the source shall apply such degree of control and obtain 

such offsets necessary to demonstrate the new source or modified source will not 

cause or contribute to a violation. 

(p) If the owner or operator of a source is using projected actual emissions to 

avoid applicability of prevention of significant deterioration requirements, the 

owner or operator shall notify the director of the modification. The notification 

shall include: 

(1) a description of the project, 

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

project, 

(3) the calculated projected actual emissions and an explanation of how 

the projected actual emissions were calculated, 

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

baseline emissions were calculated, and 

(5) any netting calculations if applicable. 

If upon reviewing the notification, the Director finds that it will cause a 

prevention of significant deterioration evaluation, then the Director shall notify 

the owner or operator of his findings. The owner or operator shall not make the 

modification until it has received a permit issued pursuant to this Rule. If a 

permit revision is not required pursuant to this Rule, the owner or operator shall 

maintain records of emissions related to the modifications for 10 years if the 

project involves increasing the emissions unit's design capacity or its potential to 

emit the regulated NSR pollutant by a significant amount, as defined at 40 CFR 

51.165(a)(1)(x), when compared to the pre-modification potential to emit; 

otherwise these records shall be maintained for five years.

(q) The version of the Code of Federal Regulations incorporated in this Rule is 

that as of November 7, 2003, except those provisions noticed as stayed in 69 FR 

40274, and does not include any subsequent amendments or editions to the 

referenced material. 

History Note: Filed as a Temporary Amendment Eff. March 8, 1994 for a 

period of 180 days or until the permanent rule is effective, 

whichever is sooner; 

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

Eff. June 1, 1981; 

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

July 1, 1994; December 1, 1993; December 1, 1992. 

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

VIOLATION

Adopted State Measures 

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(a) This Rule applies to new major stationary sources and major modifications 

which are located in an area which is designated by the U.S. Environmental 

Protection Agency (EPA) to be an attainment or unclassifiable area as of May 1, 

1983, and which would contribute to a violation of a national ambient air quality 

standard but which would not cause a new violation. 

(b) For the purpose of this Rule the definitions contained in Section II.A. of 

Appendix S of 40 CFR Part 51 shall apply. 

(c) The Rule is not applicable to: 

 (1) complex sources of air pollution that are regulated only under 

Section .0800 of this Subchapter and not under any other rule of 

this Subchapter; 

 (2) emission of pollutants for which the area in which the new or 

modified source is located is designated as nonattainment; 

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

major; 

 (4) emission of pollutants other than sulfur dioxide, total suspended 

particulates, nitrogen oxides, and carbon monoxide; 

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

 (A) 1.0 ug/m3 of SO2 on an annual basis, 

 (B) 5 ug/m3 of SO2 on a 24-hour basis, 

 (C) 25 ug/m3 of SO2 on a 3-hour basis, 

 (D) 1.0 ug/m3 of total suspended particulates on an annual basis, 

 (E) 5 ug/m3 of total suspended particulates on a 24-hour basis, 

 (F) 1.0 ug/m3 of NO2 on an annual basis, 

 (G) 0.5 mg/m3 of carbon monoxide on an 8-hour basis, 

 (H) 2 mg/m3 of carbon monoxide on a one-hour basis, 

 (I) 1.0 ug/m3 of PM10 on an annual basis, or 

 (J) 5 ug/m3 of PM10 on a 24-hour basis, 

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

standard; 

 (6) sources which are not major unless secondary emissions are 

included in calculating the potential to emit; 

 (7) sources which are exempted by the provision in Section II.F. of 

Appendix S of 40 CFR Part 51; 

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

years; and 

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

(d) 15A NCAC 2Q .0102 and .0302 are not applicable to any source to which this 

Rule applies. The owner or operator of the source shall apply for and receive a 

permit as required in 15A NCAC 2Q .0300 or .0500. 

(e) To issue a permit to a new or modified source to which this Rule applies, the 

Director shall determine that the source will meet the following conditions: 

Adopted State Measures 

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 (1) The sources will emit the nonattainment pollutant at a rate no more 

than the lowest achievable emission rate. 

 (2) The owner or operator of the proposed new or modified source has 

demonstrated that all major stationary sources in the State which 

are owned or operated by this person (or any entity controlling, 

controlled by, or under common control with this person) are 

subject to emission limitations and are in compliance, or on a 

schedule for compliance which is federally enforceable or contained 

in a court decree, with all applicable emission limitations and 

standards of this Subchapter which EPA has authority to approve as 

elements of the North Carolina State Implementation Plan for Air 

Quality. 

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

 (A) The source will comply with Part (e)(3) of Rule .0531 of this 

Section when the source is evaluated as if it were in the 

nonattainment area; or 

 (B) The source will have an air quality offset, i.e., the applicant 

will have caused an air quality improvement in the locality 

where the national ambient air quality standard is not met by 

causing reductions in impacts of other sources greater than 

any additional impact caused by the source for which the 

application is being made. The emissions reductions creating 

the air quality offset shall be placed as a condition in the 

permit for the source reducing emissions. The requirements 

of this Part may be partially waived if the source is a resource 

recovery facility burning municipal solid waste, the source 

must switch fuels due to lack of adequate fuel supplies, or the 

source is required to be modified as a result of EPA 

regulations and no exemption from such regulations is 

available and if: 

 (i) the permit applicant demonstrates that it made its best 

efforts to obtain sufficient air quality offsets to comply with 

this Part; 

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

 (iii) the applicant will continue to seek the necessary air quality 

offsets and apply them when they become available. 

(f) At such time that a particular source or modification becomes a major 

stationary source or major modification solely by virtue of a relaxation in any 

enforceable limitation established after August 7, 1980, on the capacity of the 

source or modification to emit a pollutant, such as a restriction on hours of 

operation, then the provisions of this Rule shall apply to the source or 

modification as though construction had not yet begun on the source or 

modification. 

Adopted State Measures 

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(g) The version of the Code of Federal Regulations incorporated in this Rule is 

that as of January 1, 1989, and does not include any subsequent amendments or 

editions to the referenced material. 

History Note: Filed as a Temporary Amendment Eff. March 8, 1994 for a 

period of 180 days or until the permanent rule becomes effective, 

whichever is sooner; 

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

150B-21.6; 

 Eff. June 1, 1981; 

 Amended Eff. July 1, 1994; December 1, 1992; August 1, 1991; 

October 1, 1989; July 1, 1988; October 1, 1987; January 1, 1985; 

February 1, 1983.

Adopted State Measures 

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2 

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15A NCAC 02D .0902 APPLICABILITY 

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

(b) Regardless of any other statement of applicability of this Section, this Section does not apply to: 

(1) sources whose emissions of volatile organic compounds are not more than 15 pounds 

per day, except that this Section does apply to the manufacture and use of cutback 

asphalt and to gasoline service stations or gasoline dispensing facilities regardless of 

levels of emissions of volatile organic compounds; 

(2) sources whose emissions do not exceed 800 pounds of volatile organic compounds per 

calendar month and that are: 

(A) bench-scale, on-site equipment used exclusively for chemical or physical 

analysis for quality control purposes, staff instruction, water or wastewater 

analyses, or non-production environmental compliance assessments; 

(B) bench-scale experimentation, chemical or physical analyses, training or 

instruction from not-for-profit, non-production educational laboratories; 

(C) bench-scale experimentation, chemical or physical analyses, training or 

instruction from hospitals or health laboratories pursuant to the determination or 

diagnoses of illness; or 

(D) research and development laboratory activities provided the activity produces no 

commercial product or feedstock material; or 

(3) emissions of volatile organic compounds during startup or shutdown operations from 

sources which use incineration or other types of combustion to control emissions of 

volatile organic compounds whenever the off-gas contains an explosive mixture during 

the startup or shutdown operation if the exemption is approved by the Director as 

meeting the requirements of this Subparagraph. 

(c) The following rules of this Section apply statewide: 

(1) .0925, Petroleum Liquid Storage in Fixed Roof Tanks, for fixed roof tanks at gasoline bulk 

plants and gasoline bulk terminals; 

(2) .0926, Bulk Gasoline Plants; 

(3) .0927, Bulk Gasoline Terminals; 

(4) .0928, Gasoline Service Stations Stage I; 

(5) .0932, Gasoline Truck Tanks and Vapor Collection Systems; 

(6) .0933, Petroleum Liquid Storage in External Floating Roof Tanks, for external floating 

roof tanks at bulk gasoline plants and bulk gasoline terminals; 

(7) .0948, VOC Emissions from Transfer Operations; 

(8) .0949, Storage of Miscellaneous Volatile Organic Compounds; and 

(9) .0958, Work Practices for Sources of Volatile Organic Compounds. 

Adopted State Measures 

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2 

3 

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(d) Rule .0953, Vapor Return Piping for Stage II Vapor Recovery, of this Section applies in Davidson, 

Durham, Forsyth, Guilford, Wake, Dutchville Township in Granville County, and that part of Davie County 

bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to 

Yadkin River in accordance with provisions set out in that Rule. 

(e) All sources located in Mecklenburg County that were required to comply with any of the Rules in 

Subparagraphs (e)(1) or (2) of this Rule before July 5, 1995 shall continue to comply with these Rules: 

(1) .0917 through .0937 of this Section, or 

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

(f) The Rules in this Section apply to sources with the potential to emit 100 tons or more volatile organic 

compounds per year in the following areas: 

 (1) Cabarrus County 

(2) Gaston County 

(3) Lincoln County 

(4) Mecklenburg County 

(5) Rowan County 

(6) Union County 

(7) Davidson Township and Coddle Creek Township in Iredell County. 

(g) If a violation of the ambient air quality standard for ozone is measured in accordance with 40 CFR 

50.9 in Davidson, Forsyth, or Guilford County or that part of Davie County bounded by the Yadkin River, 

Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River, the Director shall 

initiate analysis to determine the control measures needed to attain and maintain the ambient air quality 

standard for ozone. By the following May 1, the Director shall implement the specific stationary source 

control measures contained in this Section that are required as part of the control strategy necessary to 

bring the area into compliance and to maintain compliance with the ambient air quality standard for 

ozone. The Director shall implement the rules in this Section identified as being necessary by the analysis 

by notice in the North Carolina Register. The notice shall identify the rules that are to be implemented and 

shall identify whether the rules implemented are to apply in Davidson, Forsyth, or Guilford County or that 

part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, 

Fulton Creek and back to Yadkin River or any combination thereof. At least one week before the 

scheduled publication date of the North Carolina Register containing the Director's notice implementing 

rules in this Section, the Director shall send written notification to all permitted facilities within the county 

in which the rules are being implemented that are or may be subject to the requirements of this Section 

informing them that they are or may be subject to the requirements of this Section. (For Forsyth County, 

"Director" means for the purpose of notifying permitted facilities in Forsyth County, the Director of the 

Forsyth County local air pollution control program.) Compliance shall be in accordance with Rule .0909 of 

this Section. 

Adopted State Measures 

2

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(h) If a violation of the ambient air quality standard for ozone is measured in accordance with 40 CFR 

50.9 in Durham or Wake County or Dutchville Township in Granville County, the Director shall initiate 

analysis to determine the control measures needed to attain and maintain the ambient air quality standard 

for ozone. By the following May 1, the Director shall implement the specific stationary source control 

measures contained in this Section that are required as part of the control strategy necessary to bring the 

area into compliance and to maintain compliance with the ambient air quality standard for ozone. The 

Director shall implement the rules in this Section identified as being necessary by the analysis by notice in 

the North Carolina Register. The notice shall identify the rules that are to be implemented and shall 

identify whether the rules implemented are to apply in Durham or Wake County or Dutchville Township in 

Granville County or any combination thereof. At least one week before the scheduled publication date of 

the North Carolina Register containing the Director's notice implementing rules in this Section, the 

Director shall send written notification to all permitted facilities within the county in which the rules are 

being implemented that are or may be subject to the requirements of this Section informing them that they 

are or may be subject to the requirements of this Section. Compliance shall be in accordance with Rule 

.0909 of this Section. 

(i) Sources whose emissions of volatile organic compounds are not subject to limitation under this 

Section may still be subject to emission limits on volatile organic compounds in Rules, .0524, .1110, or 

.1111 of this Subchapter. 

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

Eff. July 1, 1979; 

Amended Eff. March 1, 2007; August 1, 2004; July 1, 2000; April 1, 1997; July 1, 1996; 

July 1, 1995; May 1, 1995; July 1, 1994. 

15A NCAC 02D .0909 COMPLIANCE SCHEDULES FOR SOURCES IN NONATTAINMENT AREAS 

(a) Applicability. With the exceptions in Paragraph (b) of this Rule, this Rule applies to all sources 

covered by Paragraph (f), (g), or (h) of Rule .0902 of this Section. 

(b) Exceptions. This Rule does not apply to: 

(1) sources in Mecklenburg County required to comply with the requirements of this Section 

under Rule .0902(e) of this Section; 

(2) sources covered under Rule .0953 or .0954 of this Section; or 

(3) sources required to comply with the requirements of this Section under Rule .0902(c) of 

this Section. 

(c) Maintenance areas. The owner or operator of any source subject to this Rule because of the 

application of Paragraph (g), or (h) of Rule .0902 of this Section shall adhere to the following increments 

of progress and schedules: 

Adopted State Measures 

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

process equipment, or modifying existing process equipment: 

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

schedule within six months after the Director notices the implementation of rules 

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

standard for ozone; 

(B) The compliance schedule shall contain the following increments of progress: 

(i) a date by which contracts for the emission control system and process 

equipment shall be awarded or orders shall be issued for purchase of 

component parts; 

(ii) a date by which on-site construction or installation of the emission control 

and process equipment shall begin; and 

(iii) a date by which on-site construction or installation of the emission control 

and process equipment shall be completed; 

(C) Final compliance shall be achieved within three years after the Director notices 

the implementation of rules in the North Carolina Register that resolves a 

violation of the ambient air quality standard for ozone. 

(2) if compliance is to be achieved by using low solvent content coating technology: 

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

schedule within six months after the Director notices the implementation of rules 

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

standard for ozone; 

(B) The compliance schedule shall contain the following increments: 

(i) a date by which research and development of low solvent content 

coating shall be completed if the Director determines that low solvent 

content coating technology has not been sufficiently researched and 

developed; 

(ii) a date by which evaluation of product quality and commercial 

acceptance shall be completed; 

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

coatings and process modifications; 

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

(v) a date by which process modifications shall be completed and use of low 

solvent content coatings shall begin; 

(C) Final compliance shall be achieved within three years after the Director notices 

the implementation of rules in the North Carolina Register that resolves a 

violation of the ambient air quality standard for ozone. 

Adopted State Measures 

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(3) The owner or operator shall certify to the Director within five days after each increment 

deadline of progress in this Paragraph, whether the required increment of progress has 

been met. 

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

application of Paragraphs (f) of Rule .0902 of this Section shall adhere to the following increments of 

progress and schedules: 

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

process equipment, or modifying existing process equipment: 

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

schedule by August 1, 2007

(B) The compliance schedule shall contain the following increments of progress: 

(i) a date by which contracts for the emission control system and process 

equipment shall be awarded or orders shall be issued for purchase of 

component parts; 

(ii) a date by which on-site construction or installation of the emission control 

and process equipment shall begin; and 

(iii) a date by which on-site construction or installation of the emission control 

and process equipment shall be completed; 

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

(2) if compliance is to be achieved by using low solvent content coating technology: 

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

schedule by August 1, 2007.

 (B) The compliance schedule shall contain the following increments: 

(i) a date by which research and development of low solvent content 

coating shall be completed if the Director determines that low solvent 

content coating technology has not been sufficiently researched and 

developed; 

(ii) a date by which evaluation of product quality and commercial 

acceptance shall be completed; 

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

coatings and process modifications; 

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

(v) a date by which process modifications shall be completed and use of low 

solvent content coatings shall begin; 

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

Adopted State Measures 

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(3) The owner or operator shall certify to the Director within five days after the deadline, for 

each increment of progress in this Paragraph, whether the required increment of 

progress has been met. 

(e) If the Director requires a test to demonstrate that compliance has been achieved, the owner or 

operator of sources subject to this Rule shall conduct a test and submit a final test report within six 

months after the stated date of final compliance. 

(f) Sources already in compliance. 

(1) Maintenance Areas. Paragraph (c) of this Rule shall not apply to sources that are in 

compliance with applicable rules of this Section when the Director notices the 

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

ambient air quality standard for ozone and that have determined and certified compliance 

to the satisfaction of the Director within six months after the Director notices the 

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

ambient air quality standard for ozone. 

(2) Nonattainment areas. Paragraphs (d) of this Rule shall not apply to sources in an area 

named in Paragraph (f) of Rule .0902 of this Section that are in compliance with 

applicable rules of this Section on March 1, 2007. 

(g) New sources. 

(1) Maintenance areas. The owner or operator of any new source of volatile organic 

compounds not in existence or under construction before the date that the Director 

notices in the North Carolina Register in accordance with Paragraph (g) or (h) of Rule 

.0902 of this Section the implementation of rules in the North Carolina Register that 

resolves a violation of the ambient air quality standard for ozone, shall comply with all 

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

(2) Nonattainment areas. The owner or operator of any new source of volatile organic 

compounds not in existence or under construction before March 1, 2007 in an area 

identified in Paragraph (f) of Rule .0902 shall comply with all applicable rules in this 

Section upon start-up of the source. 

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

Eff. July 1, 1979; 

Amended Eff. March 1, 2007; July 1, 2000; April 1, 1997; July 1, 1995; July 1, 1994; July 

1, 1988; January 1, 1985.

15A NCAC 02D .1402 APPLICABILITY 

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

Adopted State Measures 

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(b) The requirements of this Section shall apply to all sources May 1 through September 30 of each year. 

(c) Rules .1409(b) and.1416 through .1423 of this Section apply statewide. 

(d) The Rules .1407 through .1409 and .1413 of this Section apply to sources with the potential to emit 

100 ton or more nitrogen oxides per year in the following areas: 

 (1) Cabarrus County 

(2) Gaston County 

(3) Lincoln County 

(4) Mecklenburg County 

(5) Rowan County 

(6) Union County 

(7) Davidson Township and Coddle Creek Township in Iredell County 

(e) If a violation of the ambient air quality standard for ozone is measured according to 40 CFR 50.9 in 

Davidson, Forsyth, or Guilford County or that part of Davie County bounded by the Yadkin River, 

Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River, the Director shall 

initiate analysis to determine the control measures needed to attain and maintain the ambient air quality 

standard for ozone. By the following May 1, the Director shall implement the specific stationary source 

control measures contained in this Section that are required as part of the control strategy necessary to 

bring the area into compliance and to maintain compliance with the ambient air quality standard for 

ozone. The Director shall implement the rules in this Section identified as necessary by the analysis by 

notice in the North Carolina Register. The notice shall identify the rules that are to be implemented and 

shall identify whether the rules implemented are to apply in Davidson, Forsyth, or Guilford County or that 

part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, 

Fulton Creek and back to Yadkin River or any combination thereof. At least one week before the 

scheduled publication date of the North Carolina Register containing the Director's notice implementing 

rules in this Section, the Director shall send written notification to all permitted facilities within the county 

in which the rules are being implemented that are or may be subject to the requirements of this Section 

informing them that they are or may be subject to the requirements of this Section. (For Forsyth County, 

“Director” means for the purpose of notifying permitted facilities in Forsyth County, the Director of the 

Forsyth County local air pollution control program.) Compliance shall be according to Rule .1403 of this 

Section. 

(f) If a violation of the ambient air quality standard for ozone is measured according to 40 CFR 50.9 in 

Durham or Wake County or Dutchville Township in Granville County, the Director shall initiate analysis to 

determine the control measures needed to attain and maintain the ambient air quality standard for ozone. 

By the following May 1, the Director shall implement the specific stationary source control measures 

contained in this Section that are required as part of the control strategy necessary to bring the area into 

compliance and to maintain compliance with the ambient air quality standard for ozone. The Director shall 

implement the rules in this Section identified as necessary by the analysis by notice in the North Carolina 

Adopted State Measures 

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Register. The notice shall identify the rules that are to be implemented and shall identify whether the rules 

implemented are to apply in Durham or Wake County or Dutchville Township in Granville County or any 

combination thereof. At least one week before the scheduled publication date of the North Carolina 

Register containing the Director's notice implementing rules in this Section, the Director shall send written 

notification to all permitted facilities within the county in which the rules are being implemented that are or 

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

requirements of this Section. Compliance shall be in according to Rule .1403 of this Section. 

(g) Regardless of any other statement of applicability of this Section, this Section does not apply to any: 

(1) source not required to obtain an air permit under 15A NCAC 02Q .0102 or is an 

insignificant activity as defined at 15A NCAC 02Q .0103(19); 

(2) incinerator or thermal or catalytic oxidizer used primarily for the control of air pollution; 

(3) emergency generator; 

(4) emergency use internal combustion engine; 

(5) source that is not covered under Rules .1416, .1417, or .1418, and that is at a facility with 

a federally enforceable potential to emit nitrogen oxides of: 

(A) less than 100 tons per year; and 

(B) less than 560 pounds per calendar day beginning May 1 through September 30 

of any year. 

(6) stationary internal combustion engine less than 2400 brake horsepower that operates no 

more than the following hours between May 1 and September 30: 

(A) for diesel engines: 

t = /333,833 ES

(B) for natural gas-fired engines: 

t = /280,700 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)(1) or (2) or .1417(b) 

of this Section except that it shall apply to: 

(7) stationary combustion turbine constructed before January 1, 1979, that has a federally 

enforceable permit that restricts: 

(A) its potential emissions of nitrogen oxides to no more than 25 tons between May 1 

and September 30; 

(B) it to burning only natural gas or oil; and 

(C) its hours of operation as described in 40 CFR 96.4 (b) (1)(ii) and (iii). 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (7), (10); 

Eff. April 1, 1995; 

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

Adopted State Measures 

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Temporary Amendment Eff. November 1, 2000; 

Amended Eff. April 1, 2001; 

Temporary Amendment Eff. August 1, 2001; 

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

15A NCAC 02D .1403 COMPLIANCE SCHEDULES 

(a) Applicability. This Rule applies to sources covered by Paragraph (d), (e), or (f) of Rule .1402 of this 

Section. 

(b) Maintenance areas. The owner or operator of a source subject to this Rule because of the 

applicability of Paragraph (e) or (f) of Rule .1402 of this Section, shall adhere to the following increments 

of progress and schedules: 

(1) If compliance with this Section is to be achieved through a demonstration to certify 

compliance without source modification: 

(A) The owner or operator shall notify the Director in writing within six months after 

the Director's notice in the North Carolina Register that the source is in 

compliance with the applicable limitation or standard; 

(B) The owner or operator shall perform any required testing, according to Rule 

.1415 of this Section, within 12 months after the Director's notice in the North 

Carolina Register to demonstrate compliance with the applicable limitation; and 

(C) The owner or operator shall implement any required recordkeeping and reporting 

requirements, according to Rule .1404 of this Section, within 12 months after the 

Director's notice in the North Carolina Register to demonstrate compliance with 

the applicable limitation. 

(2) If compliance with this Section is to be achieved through the installation of combustion 

modification technology or other source modification: 

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

schedule within six months after the Director's notice in the North Carolina 

Register. 

(B) The compliance schedule shall contain the following increments of progress: 

(i) a date by which contracts for installation of the modification shall be 

awarded or orders shall be issued for purchase of component parts; 

(ii) a date by which installation of the modification shall begin; 

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

(iv) if the source is subject to a limitation, a date by which compliance testing 

shall be completed. 

Adopted State Measures 

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(C) Final compliance shall be achieved within three years after the Director's notice 

in the North Carolina Register unless the owner or operator of the source 

petitions the Director for an alternative limitation according to Rule .1412 of this 

Section. If such a petition is made, final compliance shall be achieved within four 

years after the Director's notice in the North Carolina Register. 

(3) If compliance with this Section is to be achieved through the implementation of an 

emissions averaging plan as provided for in Rule .1410 of this Section: 

(A) The owner or operator shall abide by the applicable requirements of 

Subparagraphs (b)(1) or (b)(2) of this Rule for certification or modification of each 

source to be included under the averaging plan; 

(B) The owner or operator shall submit a plan to implement an emissions averaging 

plan according to Rule .1410 of this Section within six months after the Director's 

notice in the North Carolina Register. 

(C) Final compliance shall be achieved within one year after the Director's notice in 

the North Carolina Register unless implementation of the emissions averaging 

plan requires the modification of one or more of the averaging sources. If 

modification of one or more of the averaging sources is required, final 

compliance shall be achieved within three years. 

(4) If compliance with this Section is to be achieved through the implementation of a 

seasonal fuel switching program as provided for in Rule .1411 of this Section: 

(A) The owner or operator shall make all necessary modifications according to 

Subparagraph (b)(2) of this Rule. 

(B) The owner or operator shall include a plan for complying with the requirements of 

Rule .1411 of this Section with the permit application required under Part (A) of 

this Subparagraph. 

(C) Final compliance shall be achieved within three years after the Director's notice 

in the North Carolina Register. 

(5) Increments of progress certification. The owner or operator shall certify to the Director, 

within five days after each increment deadline of progress in this Paragraph, whether the 

required increment of progress has been met. 

(c) Nonattainment areas. The owner or operator of a source subject to this Rule because of the 

applicability of Paragraph (d) of Rule .1402 of this Section, shall adhere to the following: 

(1) If compliance with this Section is to be achieved through a demonstration to certify 

compliance without source modification: 

(A) The owner or operator shall notify the Director in writing by August 1, 2007; 

(B) The owner or operator shall perform any required testing, according to Rule 

.1415 of this Section, by January 1, 2008 and 

Adopted State Measures 

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(C) The owner or operator shall implement any required recordkeeping and reporting 

requirements, according to Rule .1404 of this Section, by January 1, 2008. 

(2) If compliance with this Section is to be achieved through the installation of combustion 

modification technology or other source modification: 

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

schedule by August 1, 2007. 

(B) The compliance schedule shall contain a date by which contracts for 

installation of the modification shall be awarded or orders shall be issued 

for purchase of component parts. 

(C) The compliance schedule shall contain a date by which installation of the 

modification shall begin. 

(D) The compliance schedule shall contain a date by which installation of the 

modification shall be completed. 

 (E) If the source is subject to a limitation, the compliance schedule shall contain, 

 a date by which compliance testing shall be completed. 

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

(3) If compliance with this Section is to be achieved through the implementation of an 

emissions averaging plan as provided for in Rule .1410 of this Section: 

(A) The owner or operator shall abide by the applicable requirements of 

Subparagraph (c)(1) or (c)(2) of this Rule for certification or modification of each 

source to be included under the averaging plan; 

(B) The owner or operator shall submit a plan to implement an emissions averaging 

plan according to Rule .1410 of this Section by August 1, 2007. 

(C) Final compliance shall be achieved within one year no later than January 1, 

2008. 

(4) If compliance with this Section is to be achieved through the implementation of a 

seasonal fuel switching program as provided for in Rule .1411 of this Section: 

(A) The owner or operator shall make all necessary modifications according to 

Subparagraph (c)(2) of this Rule. 

(B) The owner or operator shall include a plan for complying with the requirements of 

Rule .1411 of this Section with the permit application required under Part (A) of 

this Subparagraph. 

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

(5) Increments of progress certification. The owner or operator shall certify to the Director, 

within five days after the deadline for each increment of progress in this Paragraph, 

whether the required increment of progress has been met. 

(d) Sources already in compliance. 

Adopted State Measures 

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(1) Maintenance Areas. Paragraph (b) of this Rule shall not apply to sources that are in 

compliance with applicable rules of this Section when the Director notices the 

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

ambient air quality standard for ozone and that have determined and certified compliance 

to the satisfaction of the Director within six months after the Director notices the 

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

ambient air quality standard for ozone. 

 (2) Nonattainment areas. Paragraph (c) of this Rule shall not apply to sources in an area 

named in Paragraph (d) of Rule .1402 of this Section that are in compliance with 

applicable rules of this Section on March 1, 2007. 

(e) New sources. 

(1) Maintenance areas. The owner or operator of any new source of nitrogen oxides not 

permitted before the date the Director notices in the North Carolina Register according to 

Paragraph (e), (f), or (g) of Rule .1402 of this Section, shall comply with all applicable 

rules in this Section upon start-up of the source. The owner or operator of any new 

source covered under Rules .1407, .1408, .1409, .1413, or .1418 of this Section shall 

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

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

before March 1, 2008 in an area identified in Paragraph (d) of Rule .1402 of thisSection, shall comply with 

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

History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.107(a)(5), (7), (10); 

Eff. April 1, 1995; 

Amended Eff. April 1, 1997; 

Temporary Amendment Eff. November 1, 2000; 

Amended Eff. April 1, 2001; 

Temporary Amendment Eff. August 1, 2001; 

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

Adopted State Measures 

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DENR - ENVIRONMENTAL MANAGEMENT 2D .0900 

NORTH CAROLINA ADMINISTRATIVE CODE

S 43 D-900-1 

SECTION .0900 - VOLATILE ORGANIC COMPOUNDS 

.0901 DEFINITIONS

For the purpose of this Section, the following definitions apply: 

(1) "Coating" means a functional, protective, or decorative film applied in 

a thin layer to a surface. 

 (2) "Coating applicator" means an apparatus used to apply a surface 

coating. 

 (3) "Coating line" means one or more apparatus or operations in a single 

line wherein a surface coating is applied, dried, or cured and which 

include a coating applicator and flashoff area and may include an oven

or associated control devices. 

 (4) "Continuous vapor control system" means a vapor control system 

which treats vapors displaced from tanks during filling on a demand 

basis without intermediate accumulation. 

 (5) "Delivered to the applicator" means the condition of coating after 

dilution by the user just before application to the substrate. 

 (6) "Flashoff area" means the space between the application area and the 

oven. 

 (7) "High solids coating" means a coating which contains a higher 

percentage of solids and a lower percentage of volatile organic 

compounds and water than conventional organic solvent borne 

coatings. 

 (8) "Hydrocarbon" means any organic compound of carbon and hydrogen 

only. 

 (9) "Incinerator" means a combustion apparatus designed for high 

temperature operation in which solid, semisolid, liquid, or gaseous 

combustible wastes are ignited and burned efficiently and from which 

the solid and gaseous residues contain little or no combustible 

material. 

 (10) "Intermittent vapor control system" means a vapor control system 

which employs an intermediate vapor holder to accumulate vapors 

displaced from tanks during filling. The control device treats the 

accumulated vapors only during automatically controlled cycles. 

 (11) "Loading rack" means an aggregation or combination of loading 

equipment arranged so that all loading outlets in the combination can 

be connected to a tank truck or trailer parked in a specified loading 

space. 

 (12) "Low solvent coating" means a coating which contains a substantially 

lower amount of volatile organic compound than conventional organic 

solvent borne coatings; it usually falls into one of three major groups 

of high solids, waterborne, or powder coatings. 

Adopted State Measures 

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DENR - ENVIRONMENTAL MANAGEMENT 2D .0900 

NORTH CAROLINA ADMINISTRATIVE CODE

S 43 D-900-2 

 (13) "Organic material" means a chemical compound of carbon excluding 

carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or 

carbonates, and ammonium carbonate. 

 (14) "Oven" means a chamber within which heat is used to bake, cure, 

polymerize, or dry a surface coating. 

 (15) "Potential emissions" means the quantity of a pollutant which would 

be emitted at the maximum capacity of a stationary source to emit the 

pollutant under its physical and operational design. Any physical or 

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

including air pollution control equipment and restrictions on hours of 

operation or on the type or amount of material combusted, stored, or 

processed, shall be treated as part of its design if the limitation or the 

effect it would have on emissions is described or contained as a 

condition in the federally enforceable permit. Secondary emissions do 

not count in determining potential emissions of a stationary source. 

Fugitive emissions count, to the extent quantifiable, in determining 

the potential emissions only in these cases: 

 (a) petroleum refineries; 

 (b) chemical process plants; and 

 (c) petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels. 

 (16) "Prime coat" means the first film of coating applied to a surface to 

protect it or to prepare it to receive subsequent coatings. 

 (17) "Reasonably available control technology" (also denoted as RACT) 

means the lowest emission limit which a particular source is capable of 

meeting by the application of control technology that is reasonably 

available considering technological and economic feasibility. It may 

require technology which has been applied to similar, but not 

necessarily identical, source categories. 

 (18) "Reid vapor pressure" means the absolute vapor pressure of volatile 

crude oil and volatile nonviscous petroleum liquids except liquefied 

petroleum gases as determined by American Society for Testing and 

Materials, Part 17, 1973, D-323-72 (reapproved 1977). 

 (19) "Shutdown" means the cessation of operation of a source or a part 

thereof or emission control equipment. 

 (20) "Solvent" means organic materials which are liquid at standard 

conditions and which are used as dissolvers, viscosity reducers, or 

cleaning agents. 

 (21) "Standard conditions" means a temperature of 68oF and pressure of 

29.92 inches of mercury. 

 (22) "Startup" means the setting in operation of a source or emission 

control equipment. 

 (23) "Substrate" means the surface to which a coating is applied. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

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 (24) "Topcoat" means the final films of coating applied in a multiple or 

single coat operation. 

 (25) "True vapor pressure" means the equilibrium partial pressure exerted 

by a petroleum liquid as determined in accordance with methods 

described in American Petroleum Institute Bulletin 2517, 

"Evaporation Loss from Floating Roof Tanks," 1962. 

 (26) "Vapor collection system" means a vapor transport system which uses 

direct displacement by the liquid loaded to force vapors from the tank 

into a vapor control system. 

 (27) AVapor control system@ means a system which prevents releases to the 

atmosphere of at least 90 percent by weight of organic compounds in 

the vapors displaced from a tank during the transfer of gasoline. 

 (28) "Volatile organic compound" (also denoted as VOC) means any 

compound of carbon whose volatile content can be determined by the 

procedure described in Rules .0913 or .0939 of this Section excluding 

any compound that is listed under 40 CFR 51.100(s) as having been 

determined to have negligible photochemical reactivity. 

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

Eff. July 1, 1979; 

 Amended Eff. July 1, 1996; December 1, 1993; July 1, 1991; March 1, 

1991. 

15A NCAC 2D .0902 APPLICABILITY

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

(b) Regardless of any other statement of applicability of this Section, this Section 

does not apply to: 

(1) sources whose emissions of volatile organic compounds are not more 

than 15 pounds per day, except that this Section does apply to the 

manufacture and use of cutback asphalt and to gasoline service 

stations or gasoline dispensing facilities regardless of levels of 

emissions of volatile organic compounds; 

(2) sources whose emissions do not exceed 800 pounds of volatile organic 

compounds per calendar month and that are: 

(A) bench-scale, on-site equipment used exclusively for chemical or 

physical analysis for quality control purposes, staff instruction, 

water or wastewater analyses, or non-production 

environmental compliance assessments; 

(B) bench-scale experimentation, chemical or physical analyses, 

training or instruction from not-for-profit, non-production 

educational laboratorie 

(C) bench-scale experimentation, chemical or physical analyses, 

training or instruction from hospitals or health laboratories 

Adopted State Measures 

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North Carolina Attainment Demonstration

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pursuant to the determination or diagnoses of illness; or 

(D) research and development laboratory activities provided the 

activity produces no commercial product or feedstock material; 

or 

(3) emissions of volatile organic compounds during startup or shutdown 

operations from sources which use incineration or other types of 

combustion to control emissions of volatile organic compounds 

whenever the off-gas contains an explosive mixture during the startup 

or shutdown operation if the exemption is approved by the Director as 

meeting the requirements of this Subparagraph. 

(c) The following Rules of this Section apply statewide: 

(1) .0925, Petroleum Liquid Storage in Fixed Roof Tanks, for fixed roof 

tanks at gasoline bulk plants and gasoline bulk terminals; 

(2) .0926, Bulk Gasoline Plants; 

(3) .0927, Bulk Gasoline Terminals; 

 (4) .0928, Gasoline Service Stations Stage I; 

 (5) .0932, Gasoline Truck Tanks and Vapor Collection Systems; 

(6) .0933, Petroleum Liquid Storage in External Floating Roof Tanks, for 

external floating roof tanks at bulk gasoline plants and bulk gasoline 

terminal; 

(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, Gaston, Guilford, Mecklenburg, Wake, 

Dutchville Township in Granville County, and that part of Davie County bounded by 

the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and 

back to Yadkin River in accordance with provisions set out in that Rule. 

(e) All sources located in Mecklenburg County that were required to comply with 

any of these Rules: 

(1) .0917 through .0937 of this Section, or 

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

before July 5, 1995, shall continue to comply with those Rules. 

(f) If a violation of the ambient air quality standard for ozone is measured in 

accordance with 40 CFR 50.9 in Cabarrus, Gaston, Iredell, Lincoln, Mecklenburg, 

Rowan, or Union County, North Carolina or York County, South Carolina, the 

Director shall initiate analysis to determine the control measures needed to attain 

and maintain the ambient air quality standard for ozone. By the following May 1, the 

Director shall implement the specific stationary source control measures contained 

in this Section that are required as part of the control strategy necessary to bring the 

area into compliance and to maintain compliance with the ambient air quality 

standard for ozone. The Director shall implement the rules in this Section identified 

as being necessary by the analysis by notice in the North Carolina Register. The 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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notice shall identify the rules that are to be implemented and shall identify whether 

the rules implemented are to apply in Gaston or Mecklenburg County or in both 

counties. At least one week before the scheduled publication date of the North 

Carolina Register containing the Director's notice implementing rules in this 

Section, the Director shall send written notification to all permitted facilities within

the county in which the rules are being implemented that are or may be subject to 

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

the requirements of this Section. (For Mecklenburg County, “Director” means for the 

purpose of notifying permitted facilities in Mecklenburg County, the Director of the 

Mecklenburg County local air pollution control program.) Compliance shall be in 

accordance with Rule .0909 of this Section. 

(g) If a violation of the ambient air quality standard for ozone is measured in 

accordance with 40 CFR 50.9 in Davidson, Forsyth, or Guilford County or that part 

of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina 

Highway 801, Fulton Creek and back to Yadkin River, the Director shall initiate 

analysis to determine the control measures needed to attain and maintain the 

ambient air quality standard for ozone. By the following May 1, the Director shall 

implement the specific stationary source control measures contained in this Section 

that are required as part of the control strategy necessary to bring the area into 

compliance and to maintain compliance with the ambient air quality standard for 

ozone. The Director shall implement the rules in this Section identified as being 

necessary by the analysis by notice in the North Carolina Register. The notice shall 

identify the rules that are to be implemented and shall identify whether the rules 

implemented are to apply in Davidson, Forsyth, or Guilford County or that part of 

Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina 

Highway 801, Fulton Creek and back to Yadkin River or any combination thereof. At 

least one week before the scheduled publication date of the North Carolina Register 

containing the Director's notice implementing rules in this Section, the Director 

shall send written notification to all permitted facilities within the county in which 

the rules are being implemented informing them that they are or may be subject to 

the requirements of this Section. (For Forsyth County, “Director” means for the 

purpose of notifying permitted facilities in Forsyth County, the Director of the 

Forsyth County local air pollution control program.) Compliance shall be in 

accordance with Rule .0909 of this Section. 

(h) If a violation of the ambient air quality standard for ozone is measured in 

accordance with 40 CFR 50.9 in Durham or Wake County or Dutchville Township in 

Granville County, the Director shall initiate analysis to determine the control 

measures needed to attain and maintain the ambient air quality standard for ozone. 

By the following May 1, the Director shall implement the specific stationary source 

control measures contained in this Section that are required as part of the control 

strategy necessary to bring the area into compliance and to maintain compliance 

with the ambient air quality standard for ozone. The Director shall implement the 

rules in this Section identified as being necessary by the analysis by notice in the 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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North Carolina Register. The notice shall identify the rules that are to be 

implemented and shall identify whether the rules implemented are to apply in 

Durham or Wake County or Dutchville Township in Granville County or any 

combination thereof. At least one week before the scheduled publication date of the 

North Carolina Register containing the Director's notice implementing rules in this 

Section, the Director shall send written notification to all permitted facilities within 

the county in which the rules are being implemented informing them that they are or 

may be subject to the requirements of this Section. Compliance shall be in 

accordance with Rule .0909 of this Section. 

(i) Sources whose emissions of volatile organic compounds are not subject to 

limitation under this Section may still be subject to emission limits on volatile 

organic compounds in Rules .0524, .1110, or .1111 of this Subchapter. 

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

Eff. July 1, 1979; 

Amended Eff. August 1, 2004; July 1, 2000; April 1, 1997; July 1, 1996; 

July 1, 1995; May 1, 1995; July 1, 1994.

.0903 RECORDKEEPING: REPORTING: MONITORING

(a) The owner or operator of any volatile organic compound emission source or 

control equipment shall: 

 (1) install, operate, and maintain process and control equipment 

monitoring instruments or procedures as necessary to comply with the 

requirements of this Section; and 

 (2) maintain, in writing, data and reports relating to monitoring 

instruments or procedures which will, upon review, document the 

compliance status of the volatile organic compound emission source 

or control equipment; such data and reports shall, as a minimum, be 

maintained daily. 

(b) The owner or operator of any volatile organic compound emission source or 

control equipment subject to the requirements of this Section shall comply with the 

monitoring, recordkeeping, and reporting requirements in Section .0600 of this 

Subchapter. 

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

Eff. July 1, 1979; 

 Amended Eff. April 1, 1999; July 1, 1993; July 1, 1991; December 1, 

1989; January 1, 1985.

.0904 MALFUNCTIONS: BREAKDOWNS: UPSETS 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.68; 143-215.107(a)(5); 

 Eff. July 1, 1979; 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

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 Repealed Eff. March 1, 1983. 

.0905 PETITION FOR ALTERNATIVE CONTROLS 

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

 Eff. July 1, 1979; 

 Amended Eff. January 1, 1985; July 1, 1980; 

 Repealed Eff. July 1, 1988. 

.0906 CIRCUMVENTION 

(a) An owner or operator subject to this Section shall not build, erect, install, or use 

any article, machine, equipment, process, or method, the use of which conceals an 

emission which would otherwise constitute a violation of an applicable regulation. 

(b) Paragraph (a) of this Regulation includes, but is not limited to, the use of 

gaseous dilutants to achieve compliance and the piecemeal carrying out of an 

operation to avoid coverage by a regulation that applies only to operations larger 

than a specified size. 

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

 Eff. July 1, 1979; 

 Amended Eff. January 1, 1985. 

.0907 COMPLIANCE SCHEDULES FOR SOURCES IN NONATTAINMENT 

AREAS (REPEAL)

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

 Eff. July 1, 1979; 

 Amended Eff. May 1, 1995; July 1, 1994; January 1, 1985; July 1, 

1980; 

 Repealed Eff. April 1, 1997.

.0908 EQUIPMENT MODIFICATION COMPLIANCE SCHEDULES 

History Note: Authority G.S. 143-215.3(a) (1); 143-215.68; 143-215.107(a) 

(5); 

 Eff. July 1, 1979; 

 Amended Eff. January 1, 1985; July 1, 1980; 

 Repealed Eff. July 1, 1988. 

.0909 COMPLIANCE SCHEDULES FOR SOURCES IN NEW 

NONATTAINMENT AREAS

(a) With the exceptions in Paragraph (b) of this Rule, this Rule applies to all sources 

covered by Paragraphs (e), (f), or (g) of Rule .0902 of this Section. 

(b) This Rule does not apply to: 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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S 43 D-900-8 

 (1) sources in Mecklenburg County required to comply with the 

requirements of this Section under Rule .0902(c) of this Section; 

 (2) sources covered under Rule .0953 or .0954 of this Section; or 

 (3) sources required to comply with the requirements of this Section 

under Rule .0902(a) of this Section. 

(c) The owner or operator of any source subject to this Rule because of the 

application of Paragraphs (e), (f), or (g) 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) A permit application and a compliance schedule shall be 

submitted within six months after the Director notices in the 

North Carolina Register that an area is in violation of the 

ambient air quality standard for ozone; 

 (B) The compliance schedule shall contain the following 

increments of progress: 

(i) a date by which contracts for the emission control 

system and process equipment shall be awarded or 

orders shall be issued for purchase of component parts; 

 (ii) a date by which on-site construction or installation of 

the emission control and process equipment shall begin; 

and 

 (iii) a date by which on-site construction or installation of 

the emission control and process equipment shall be 

completed; 

(C) Final compliance shall be achieved within three years after the 

Director notices in the North Carolina Register that the area is 

in violation of the ambient air quality standard for ozone. 

 (2) if compliance is to be achieved by using low solvent content coating 

technology: 

 (A) A permit application and a compliance schedule shall be 

submitted within six months after the Director notices in the 

North Carolina Register that an area is in violation of the 

ambient air quality standard for ozone; 

 (B) The compliance schedule shall contain the following 

increments: 

 (i) a date by which research and development of low 

solvent content coating shall be completed if the 

Director determines that low solvent content coating 

technology has not been sufficiently researched and 

developed; 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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S 43 D-900-9 

 (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 in the North Carolina Register that the area is 

in violation of the ambient air quality standard for ozone. 

(d) The owner or operator shall certify to the Director within five days after the 

deadline, for each increment of progress in Paragraph (c) of this Rule, whether the 

required increment of progress has been met. 

(e) If the Director requires a test to demonstrate that compliance has been achieved 

the owner or operator of sources subject to this Rule shall conduct a test and submit 

a final test report within six months after the stated date of final compliance. 

(f) The owner or operator of any new source of volatile organic compounds not in 

existence or under construction as of the date that the Director notices in the North 

Carolina Register in accordance with Paragraphs (e), (f), or (g) of Rule .0902 of this 

Section that the area is in violation of the ambient air quality standard for ozone, 

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

(g) Paragraphs (c) and (d)of this Rule shall not apply to sources that are in 

compliance with all applicable rules of this Section when the Director notices in the 

North Carolina Register that the area is in violation of the ambient air quality 

standard for ozone and that have determined and certified compliance to the 

satisfaction of the Director within six months after the Director notices in the North 

Carolina Register that the area is in violation. 

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

 Eff. July 1, 1979; 

 Amended Eff. July 1, 2000; April 1, 1997; July 1, 1995; July 1, 1994; 

July 1, 1988; January 1, 1985.

.0910 ALTERNATIVE COMPLIANCE SCHEDULES (REPEAL)

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

 Eff. July 1, 1979; 

 Amended Eff. May 1, 1995; July 1, 1994; July 1, 1988; January 1, 

1985; 

 Repealed Eff. April 1, 1997.

 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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.0911 EXCEPTION FROM COMPLIANCE SCHEDULES (REPEAL)

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

 Eff. July 1, 1979; 

 Amended Eff. May 1, 1995; July 1, 1994; July 1, 1980; 

 Repealed Eff. April 1, 1997.

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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June 15, 2007
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S 42 

15A NCAC 2D .0912 GENERAL PROVISIONS ON TEST 

METHODS AND PROCEDURES

(a) The owner or operator of any volatile organic compound source 

required to comply with rules in this Section shall, at his own expense, 

demonstrate compliance by the methods described in Rules .0912 through 

.0916 and .0939 through .0942 of this Section. The owner or operator of a 

volatile organic compound source shall demonstrate compliance when the 

Director requests such demonstration. The Director shall explain to the 

owner or operator the basis for requesting a demonstration of compliance 

and shall allow reasonable time for testing to be performed. (b) Volatile 

organic compound emissions compliance testing shall be allowed and the 

results shall be accepted, only if the Director has been notified as required 

by Paragraph (c) of this Rule and if the Director has granted approval. The 

Director shall grant approval if all the information required under 

Paragraph (c) of this Rule is included in the notification and if the correct 

testing procedures are used. 

(c) Any person proposing to conduct a volatile organic compound 

emissions test shall notify the Director at least 21 days before beginning 

the test so that the Director may at his option observe the test. Any person 

notifying the Director of a proposed volatile organic compound emissions 

test shall include as part of notification the following minimum 

information: 

 (1) a statement indicating the purpose of the proposed test; 

 (2) a detailed description of the facility to be tested; 

 (3) a detailed description of the test procedures, equipment, and 

sampling sites; and 

 (4) a timetable, setting forth the dates on which: 

(A) The testing will be conducted; 

(B) Preliminary test results will be reported (not later 

than 30 days after sample collection); and 

(C) The final test report will be submitted (not later than 

60 days after completion of on-site sampling). 

(d) If the volatile organic compound emissions test shows noncompliance, 

the owner or operator of the volatile organic source shall submit along 

with the final test report proposed corrective action. 

(e) For compliance determination, the owner or operator of any volatile 

organic compound emissions source shall be responsible for providing: 

(1) sampling ports, pipes, lines, or appurtenances for the 

collection of samples and data required by the test 

procedure; 

(2) safe access to the sample and data collection locations; and 

(3) light, electricity, and other utilities required for sample and 

data collection. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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S 42 

(f) Compliance shall be determined on a line-by-line basis using the more 

stringent of the following two: 

(1) Compliance shall be determined on a daily basis for each 

coating line using a weighted average, that is, dividing the 

sum of the mass (pounds) of volatile organic compounds in 

coatings consumed on that coating line, as received, and the 

mass (pounds) of volatile organic compound solvents added 

to the coatings on that coating line by the volume (gallons) of 

coating solids consumed during that day on that coating line; 

or 

(2) Compliance shall be determined as follows: 

(A) When low solvent or high solids coatings are used to 

reduce emissions of volatile organic compounds, 

compliance shall be determined instantaneously. 

(B) When add on control devices, e.g., solvent recovery 

systems or incinerators, are used to reduce emissions 

of volatile organic compounds, compliance shall be 

determined by averaging emissions over a one-hour 

period. 

(g) The Director may authorize the Division of Air Quality to conduct 

independent tests of any source subject to a rule in this Section to 

determine the compliance status of that source or to verify any test data 

submitted about that source. Any test conducted by the Division of Air 

Quality using the appropriate testing procedures described in this Section 

shall have precedence over all other tests. The United States 

Environmental Protection Agency (EPA) may verify any test submitted by 

the owner or operator of a source, and any test conducted by EPA using 

the appropriate testing procedures described in this Section shall have 

precedence over tests conducted by the owner or operator of the source. 

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

Eff. July 1, 1979; 

Amended Eff. April 1, 2003; July 1, 1993; July 1, 1991; 

March 1, 1991; December 1, 1989; January 1, 1985; July 1, 

1980.

15A NCAC 2D .0913 DETERMINATION OF VOLATILE 

CONTENT OF SURFACE COATINGS

(a) In accordance with Regulation .0912 of this Section, the volatile 

matter content, water content, density, volume of solids and weight of 

solids of surface coatings shall be determined by the procedures set forth 

in Method 24 of Appendix A of 40 CFR Part 60. Compounds exempted 

under Paragraph (28) of Regulation .0901 of this Section shall be treated 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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S 42 

as water. The results of the tests shall be expressed in the same units as 

the emission limits given in the regulation for which compliance is being 

determined. 

(b) In accordance with Regulation .0912 of this Section, the volatile 

matter and density of printing inks and related coatings shall be 

determined by the procedures set forth in Method 24A of Appendix A of 

40 CFR Part 60. The results of the tests shall be expressed in the same 

units as the emission limits given in the 

regulation for which compliance is being determined. 

(c) The Code of Federal Regulations adopted by reference in this Rule 

shall automatically include any later amendments thereto as allowed by 

G.S. 150B-14(c). 

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

150B-14(c); 

 Eff. July 1, 1979; 

 Amended Eff. March 1, 1991; December 1, 1989; July 1, 1988; 

January 1, 1985.

15A NCAC 2D .0914 DETERMINATION OF VOC EMISSION 

CONTROL SYSTEM EFFICIENCY

(a) The provisions of this Rule are applicable, in accordance with Rule 

.0912 of this Section, to any test method employed to determine the 

collection or control efficiency of any device or system designed, installed, 

and operated for the purpose of reducing volatile organic compound 

emissions. 

(b) The following procedures shall be used to determine efficiency: 

(1) The volatile organic compound containing material shall be 

sampled and analyzed using the procedures contained in this 

Subchapter such that the quantity of emissions that could 

result from the use of the material can be quantified. 

 (2) Samples of the gas stream containing volatile organic 

compounds shall be taken simultaneously at the inlet and 

outlet of the emissions control device. 

 (3) The total combustible carbon content of the samples shall be 

determined by a method described in Rule .0939 of this 

Section. 

 (4) The efficiency of the control device shall be expressed as the 

fraction of total combustible carbon content reduction 

achieved. 

 (5) The volatile organic compound mass emission rate shall be 

the sum of emissions from the control device and emissions 

not collected by the capture system. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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S 42 

(c) Capture efficiency performance of volatile organic compound emission 

control systems shall be determined using the EPA recommended capture 

efficiency protocols and test methods as described in the EPA document, 

EMTIC GD-035, “Guidelines for Determining Capture Efficiency”. 

(d) The EPA document, EMTIC GD-035, “Guidelines for Determining 

Capture Efficiency” cited in this Rule is hereby incorporated by reference 

including any subsequent amendments or editions. A copy of this 

document is available for inspection at the Regional Offices of the North 

Carolina Department of Environment and Natural Resources (Addresses 

are given in Rule .0103 of this Subchapter). Copies of this document may 

be obtained by downloading a text file from the EPA TTN 2000 home page 

through the EMTIC (Emission Measurement Technical Information) 

technical information area at 

http://ttnwww.rtpnc.epa.gov/html/emtic/guidlnd.htm. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.68; 143-

215.107(a)(5); 

 Eff. July 1, 1979; 

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

15A NCAC 2D .0915 DETERMINATION OF SOLVENT METAL 

CLEANING VOC EMISSIONS

(a) This method is used to determine volatile organic compound 

emissions from solvent metal cleaning equipment. 

(b) The purpose of this method is to quantify, by material balance, the 

amount of solvent input into a degreaser over a sufficiently long period of 

time so that an average emission rate can be computed. 

(c) The following procedure shall be followed to perform a material 

balance test: 

 (1) clean the degreaser sump before testing; 

 (2) record the amount of solvent added to the tank with a flow 

meter; 

 (3) record the weight and type of work load degreased each day; 

 (4) at the end of the test run, pump out the used solvent and 

measure the amount with a flow meter; also, estimate the 

volume of metal chips and other material remaining in the 

emptied sump, if significant; 

 (5) bottle a sample of the used solvent and analyze it to find the 

percent that is oil and other contaminants; the oil and 

solvent proportions can be estimated by weighing samples of 

used solvent before and after boiling off the solvent. 

Compute the volume of oils in the used solvent. The volume 

of solvent displaced by this oil along with the volume of 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 48 

 Appendix M 

June 15, 2007
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NORTH CAROLINA ADMINISTRATIVE CODE D-900-15 

S 42 

make-up solvent added during operations is equal to the 

solvent emissions. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.68; 

143-215.107(a)(5); 

 Eff. July 1, 1979; 

 Amended Eff. January 1, 1985. 

15A NCAC 2D .0916 DETERMINATION: VOC EMISSIONS 

FROM BULK GASOLINE TERMINALS 

In accordance with Regulation .0912 of this Section, the emissions of 

volatile organic compounds from bulk gasoline terminals shall be 

determined by the procedures set forth in 40 CFR 60.503. 

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

 Eff. July 1, 1979; 

 Amended Eff. July 1, 1988; April 1, 1986; January 1, 1985.

 [page 16 reserved] 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 49 

 Appendix M 

June 15, 2007
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S 32

.0917 AUTOMOBILE AND LIGHT-DUTY TRUCK MANUFACTURING

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

(1) "Application area" means the area where the coating is applied by

dipping or spraying.

(2) "Manufacturing plant" means a facility where auto body parts are

manufactured or finished for eventual inclusion into a finished product

ready for sale to vehicle dealers. Customizers, body shops and other

repainters are not part of this definition.

(3) "Automobile" means all passenger cars or passenger car derivatives

capable of seating 12 or fewer passengers.

(4) "Light-duty trucks" means any motor vehicles rated at 8,500 pounds

gross weight or less which are designed primarily for purpose of

transportation or are derivatives of such vehicles except automobiles.

(b) This Rule applies to the application area(s), flashoff area(s), and oven(s), of

automotive and light-duty truck manufacturing plants involved in prime, topcoat

and final repair coating operations.

(c) With the exception stated in Paragraph (d) of this Rule, emissions of volatile

organic compounds from any automotive or light-duty truck manufacturing plant

coating line subject to this Rule shall not exceed:

(1) 1.4 pounds of volatile organic compounds per gallon of solids delivered

to the applicator from prime application, flashoff area, and oven

operations;

(2) 4.5 pounds of volatile organic compounds per gallon of solids delivered

to the applicator from topcoat and surface application, flashoff area, and

oven operation;

(3) 13.8 pounds of volatile organic compounds per gallon of solids delivered

to the applicator from final repair application, flashoff area, and oven

operation.

(d) Any source which has chosen to control emissions of volatile organic

compounds under Rule .0518(e) of this Subchapter and which has installed air

pollution control equipment in accordance with an air quality permit in order to

comply with this Rule before December 1, 1989, may comply with the limits

contained in this Paragraph instead of those contained in Paragraph (c) of this

Rule. Emissions of volatile organic compounds from any automotive or light-duty

truck manufacturing plant coating line subject to this Rule shall not exceed:

(1) 1.2 pounds of volatile organic compounds per gallon of coating,

excluding water and exempt compounds, delivered to the applicator from

prime application, flashoff area, and oven operations;

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 50 

 Appendix M 

June 15, 2007
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S 32

(2) 2.8 pounds of volatile organic compounds per gallon of coating, daily

weighted average, excluding water and exempt compounds, delivered to

the applicator from topcoat and surface application, flashoff area, and

oven operation;

(3) 4.8 pounds of volatile organic compounds per gallon of coating,

excluding water and exempt compounds, delivered to the applicator from

final repair application, flashoff area, and oven operation.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989;

April 1, 1986.

.0918 CAN COATING

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

(1) "End sealing compound" means a synthetic rubber compound which is

coated onto can ends and which functions as a gasket when the end is

assembled on the can.

(2) "Exterior base coating" means a coating applied to the exterior of a can to

provide exterior protection to the metal and to provide background for the

lithographic or printing operation.

(3) "Interior base coating" means a coating applied by roller coater or spray

to the interior of a can to provide a protective lining between the can

metal and product.

(4) "Interior body spray" means a coating sprayed on the interior of the can

body to provide a protective film between the product and the can.

(5) "Overvarnish" means a coating applied directly over ink to reduce the

coefficient of friction, to provide gloss, and to protect the finish against

abrasion and corrosion.

(6) "Three-piece can side-seam spray" means a coating sprayed on the

exterior and interior of a welded, cemented, or soldered seam to protect

the exposed metal.

(7) "Two-piece can exterior end coating" means a coating applied by roller

coating or spraying to the exterior end of a can to provide protection to

the metal.

(b) This Rule applies to coating applicator(s) and oven(s) of sheet, can, or end

coating lines involved in sheet basecoat (exterior and interior) and overvarnish;

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 51 

 Appendix M 

June 15, 2007
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S 32

two-piece can interior body spray; two-piece can exterior end (spray or roll coat);

three-piece can side-seam spray and end sealing compound operations.

(c) With the exception stated in Paragraph (d) of this Rule, emissions of volatile

organic compounds from any can coating line subject to this Rule shall not

exceed:

(1) 4.5 pounds of volatile organic compounds per gallon of solids delivered

to the coating applicator from sheet basecoat (exterior and interior) and

overvarnish or two-piece can exterior (basecoat and overvarnish)

operations;

(2) 9.8 pounds of volatile organic compounds per gallon of solids delivered

to the coating applicator from two and three-piece can interior body spray

and two-piece can exterior end (spray or roll coat) operations;

(3) 21.8 pounds of volatile organic compounds per gallon of solids delivered

to the coating applicator from a three-piece applicator from a three-piece

can side-seam spray operations;

(4) 7.4 pounds of volatile organic compounds per gallon of solids delivered

to the coating applicator from end sealing compound operations.

(d) Any source which has chosen to control emissions of volatile organic

compounds under Rule .0518(e) of this Subchapter and which has installed air

pollution control equipment in accordance with an air quality permit in order to

comply with this Rule before December 1, 1989, may comply with the limits

contained in this Paragraph instead of those contained in Paragraph (c) of this

Rule. Emissions of volatile organic compounds from any can coating line subject

to this Rule shall not exceed:

(1) 2.8 pounds of volatile organic compounds per gallon of coating,

excluding water and exempt compounds, delivered to the coating

applicator from sheet basecoat (exterior and interior) and overvarnish or

two-piece can exterior (basecoat and overvarnish) operations;

(2) 4.2 pounds of volatile organic compounds per gallon of coating,

excluding water and exempt compounds, delivered to the coating

applicator from two and three-piece can interior body spray and twopiece can exterior end (spray or roll coat) operations;

(3) 5.5 pounds of volatile organic compounds per gallon of coating,

excluding water and exempt compounds, delivered to the coating

applicator from a three-piece applicator from a three-piece can side-seam

spray operations;

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 52 

 Appendix M 

June 15, 2007
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S 32

(4) 3.7 pounds of volatile organic compounds per gallon of coating,

excluding water and exempt compounds, delivered to the coating

applicator from end sealing compound operations.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989;

January 1, 1985.

.0919 COIL COATING

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

(1) "Coil coating" means the coating of any flat metal sheet or strip that

comes in rolls or coils.

(2) "Quench area" means a chamber where the hot metal exiting the oven is

cooled by either a spray of water or a blast of air followed by water

cooling.

(b) This Rule applies to the coating applicator(s), oven(s), and quench area(s)

of coil coating lines involved in prime and top coat or single coat operations.

(c) With the exception stated in Paragraph (d) of this Rule, emissions of volatile

organic compounds from any coil coating line subject to this Rule shall not

exceed 4.0 pounds of volatile organic compounds per gallon of solids delivered to

the coating applicator from prime and topcoat or single coat operations.

(d) Any source which has chosen to control emissions of volatile organic

compounds under Rule .0518(e) of this Subchapter and which has installed air

pollution control equipment in accordance with an air quality permit in order to

comply with this Rule before December 1, 1989, may comply with the limits

contained in this Paragraph instead of those contained in Paragraph (c) of this

Rule. Emissions of volatile organic compounds from any coil coating line subject

to this Rule shall not exceed 2.6 pounds of volatile organic compounds per gallon

of coating, excluding water and exempt compounds, delivered to the coating

applicator from prime and topcoat or single coat operations.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989;

January 1, 1985.

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 53 

 Appendix M 

June 15, 2007
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S 32

.0920 PAPER COATING

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

(1) "Knife coating" means the application of a coating material to a substrate

by means of drawing the substrate beneath a knife that spreads the

coating evenly over the full width of the substrate.

(2) "Paper coating" means decorative, protective, or functional coatings put

on paper and pressure sensitive tapes regardless of substrate. The coatings

shall be distributed uniformly across the web. Related web coating

processes on plastic film and decorative coatings on metal foil are

included in this definition. Saturation operations are included in this

definition.

(3) "Roll coating" means the application of a coating material to a substrate

by means of hard rubber or steel rolls.

(4) "Rotogravure coating" means the application of a coating material to a

substrate by means of a roll coating technique in which the substance to

be applied is temporarily retained in etchings on the coating roll. The

coating material is picked up in these recessed areas and is transferred to

the substrate.

(b) This Rule applies to roll, knife or rotogravure coater(s) and drying oven(s)

of paper coating lines.

(c) With the exception stated in Paragraph (d) of this Rule, emissions of volatile

organic compounds from any paper coating line subject to this Rule shall not

exceed 4.8 pounds of volatile organic compounds per gallon of solids delivered to

the coating applicator from a paper coating line.

(d) Any source which has chosen to control emissions of volatile organic

compounds under Rule .0518 (e) of this Subchapter and which has installed air

pollution control equipment in accordance with an air quality permit in order to

comply with this Rule before December 1, 1989, may comply with the limits

contained in this Paragraph instead of those contained in Paragraph (c) of this

Rule. Emissions of volatile organic compounds from any paper coating line

subject to this Rule shall not exceed 2.9 pounds of volatile organic compounds per

gallon of coating, excluding water and exempt compounds, delivered to the

coating applicator from a paper coating line.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989;

January 1, 1985.

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 54 

 Appendix M 

June 15, 2007
EHNR - ENVIRONMENTAL MANAGEMENT 2D .0900

NORTH CAROLINA ADMINISTRATIVE CODE D-900-22

S 32

.0921 FABRIC AND VINYL COATING

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

(1) "Fabric coating" means applying protective or functional coatings to a

textile substance with a knife, roll, rotogravure, rotary screen, or flat

screen coater to impart properties that are not initially present, such as

strength, stability, water or acid repellency, or appearance. Printing on

textile fabric for decorative or other purposes is not part of this definition.

Saturation operations are included in this definition.

(2) "Knife coating" means the application of a coating material to a substrate

by means of drawing the substrate beneath a knife which spreads the

coating evenly over the full width of the substrate.

(3) "Roll coating" means the application of a coating material to a substrate

by means of hard rubber or steel rolls.

(4) "Rotogravure coating" means the application of a coating material to a

substrate by means of a roll coating technique in which the pattern to be

applied is etched on the coating roll. The coating material is picked up in

these recessed areas and is transferred to the substrate.

(5) "Vinyl coating" means applying a functional, decorative, or protective

topcoat, or printing on vinyl coated fabric or vinyl sheets.

(6) "Rotary screen or flat screen coating" means the application of a coating

material to a substrate by means of masking the surface and applying a

color or finish using a screen either in flat form or rotary form.

(b) This Rule applies to roll, knife, rotogravure, rotary screen, or flat screen

coater(s) and drying oven(s) of fabric and vinyl coating lines.

(c) With the exception stated in Paragraph (d) of this Rule, emissions of

volatile organic compounds from any fabric coating line or vinyl coating line

subject to this Rule shall not exceed:

(1) 4.8 pounds of volatile organic compounds per gallon of solids delivered

to the coating applicator from a fabric coating line;

(2) 7.9 pounds of volatile organic compounds per gallon of solids delivered

to the coating applicator from a vinyl coating line.

(d) Any source which has chosen to control emissions of volatile organic

compounds under Rule .0518(e) of this Subchapter and which has installed air

pollution control equipment in accordance with an air quality permit in order to

comply with this Rule before December 1, 1989, may comply with the limits

contained in this Paragraph instead of those contained in Paragraph (c) of this

Rule. Emissions of volatile organic compounds from any fabric coating line or

vinyl coating line subject to this Rule shall not exceed:

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 55 

 Appendix M 

June 15, 2007
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S 32

(1) 2.9 pounds of volatile organic compounds per gallon of coating,

excluding water and exempt compounds, delivered to the coating

applicator from a fabric coating line;

(2) 3.8 pounds of volatile organic compounds per gallon of coating,

excluding water and exempt compounds, delivered to the coating

applicator from a vinyl coating line.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989;

January 1, 1985.

.0922 METAL FURNITURE COATING

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

(1) "Application area" means the area where the coating is applied by

spraying, dipping, or flowcoating techniques.

(2) "Metal furniture coating" means the surface coating of any furniture made

of metal or any metal part which will be assembled with other metal,

wood, fabric, plastic, or glass parts to form a furniture piece.

(b) This Rule applies to the application area(s), flashoff area(s), and oven(s) of

metal furniture coating lines involved in prime and topcoat or single coating

operations.

(c) With the exception stated in Paragraph (d) of this Rule, emissions of volatile

organic compounds from any metal furniture coating line subject to this Rule shall

not exceed 5.1 pounds of volatile organic compounds per gallon of solids

delivered to the coating applicator from prime and topcoat or single coat

operations.

(d) Any source which has chosen to control emissions of volatile organic

compounds under Rule .0518(e) of this Subchapter and which has installed air

pollution control equipment in accordance with an air quality permit in order to

comply with this Rule before December 1, 1989, may comply with the limits

contained in this Paragraph instead of those contained in Paragraph (c) of this

Rule. Emissions of volatile organic compounds from any metal furniture coating

line subject to this Rule shall not exceed 3.0 pounds of volatile organic

compounds per gallon of coating, excluding water and exempt compounds,

delivered to the coating applicator from prime and topcoat or single coat

operations.

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 56 

 Appendix M 

June 15, 2007
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NORTH CAROLINA ADMINISTRATIVE CODE D-900-24

S 32

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989;

January 1, 1985.

.0923 SURFACE COATING OF LARGE APPLIANCES

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

(1) "Application area" means the area where the coating is applied by

spraying, dipping, or flowcoating techniques.

(2) "Single coat" means a single film of coating applied directly to the metal

substrate omitting the primer application.

(3) "Large appliances" means doors, cases, lids, panels, and interior support

parts of residential and commercial washers, dryers, ranges, refrigerators,

freezers, water heaters, dishwashers, trash compactors, air conditioners,

and other similar products.

(b) This Rule applies to application area(s), flashoff area(s), and oven(s) of

large appliance coating lines involved in prime, single, or topcoat coating

operations.

(c) This Rule does not apply to the use of quick-drying lacquers for repair of

scratches and nicks which occur during assembly, if the volume of coating does

not exceed one quart in any eight-hour period.

(d) With the exception stated in Paragraph (e) of this Rule, emissions of volatile

organic compounds from any large appliance coating line subject to this Rule

shall not exceed 4.5 pounds of volatile organic compounds per gallon of solids

delivered to the coating applicator from prime, single, or topcoat coating

operations.

(e) Any source which has chosen to control emissions of volatile organic

compounds under Rule .0518 (e) of this Subchapter and which has installed air

pollution control equipment in accordance with an air quality permit in order to

comply with this Rule before December 1, 1989, may comply with the limits

contained in this Paragraph instead of those contained in Paragraph (d).of this

Rule. Emissions of volatile organic compounds from any large appliance coating

line subject to this Rule shall not exceed 2.8 pounds of volatile organic

compounds per gallon of coating, excluding water and exempt compounds,

delivered to the coating applicator from prime, single, or topcoat coating

operations.

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

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 57 

 Appendix M 

June 15, 2007
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S 32

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989;

January 1, 1985.

.0924 MAGNET WIRE COATING

(a) For the purpose of this Rule, "magnet wire coating" means the process of

applying a coating of electrically insulating varnish or enamel to aluminum or

copper wire for use in electrical machinery.

(b) This Rule applies to the oven(s) of magnet wire coating operations.

(c) With the exception stated in Paragraph (d) of this Rule, emissions of

volatile organic compounds from any magnet wire coating oven subject to this

Rule shall not exceed 2.2 pounds of volatile organic compounds per gallon of

solids delivered to the coating applicator from magnet wire coating operations.

(d) Any source which has chosen to control emissions of volatile organic

compounds under Rule .0518(e) of this Subchapter and which has installed air

pollution control equipment in accordance with an air quality permit in order to

comply with this Rule before December 1, 1989, may comply with the limits

contained in this Paragraph instead of those contained in Paragraph (c) of this

Rule. Emissions of volatile organic compounds from any magnet wire coating

oven subject to this Rule shall not exceed 1.7 pounds of volatile organic

compounds per gallon of coating, excluding water and exempt compounds,

delivered to the coating applicator from magnet wire coating operations.

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

Eff. July 1, 1979;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989;

January 1, 1985.

[page 26 reserved]

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 58 

 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .0900 

NORTH CAROLINA ADMINISTRATIVE CODE D-900-27 

S 46 

15A NCAC 02D .0925 PETROLEUM LIQUID STORAGE IN FIXED ROOF 

TANKS 

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

(1) "Condensate" means hydrocarbon liquid separated from natural gas 

which condenses due to changes in the temperature and/or pressure 

and remains liquid at standard conditions. 

 (2) "Crude oil" means a naturally occurring mixture which consists of 

hydrocarbons and/or sulfur, nitrogen and/or oxygen derivatives of 

hydrocarbons and which is a liquid at standard conditions. 

 (3) "Custody transfer" means the transfer of produced crude oil and/or 

condensate, after processing and/or treating in the producing 

operations, from storage tanks or automatic transfer facilities to 

pipeline or any other forms of transportation. 

 (4) "External floating roof" means a storage vessel cover in an open top 

tank consisting of a double deck or pontoon single deck which rests 

upon and is supported by the petroleum liquid being contained and is 

equipped with a closure seal or seals to close the space between the 

roof edge and tank shell. 

 (5) "Internal floating roof" means a cover or roof in a fixed roof tank 

which rests upon or is floated upon the petroleum liquid being 

contained, and is equipped with a closure seal or seals to close the 

space between the roof edge and tank shell. 

 (6) "Petroleum liquids" means crude oil, condensate, and any finished or 

intermediate products manufactured or extracted in a petroleum 

refinery. 

 (7) "Petroleum refinery" means any facility engaged in producing gasoline, 

kerosene, distillate fuel oils, residual fuel oils, lubricants, or other 

products through distillation of crude oils, or through redistillation, 

cracking, extraction, or reforming of unfinished petroleum derivatives. 

(b) This Regulation applies to all fixed roof storage vessels with capacities greater 

than 39,000 gallons containing volatile petroleum liquids whose true vapor pressure 

is greater than 1.52 psia. 

(c) This Regulation does not apply to volatile petroleum liquid storage vessels: 

(1) equipped with external floating roofs, or 

 (2) having capacities less than 416,000 gallons used to store produced 

crude oil and condensate prior to lease custody transfer. 

(d) With the exceptions stated in Paragraph (c) of this Regulation, the owner or 

operator of any fixed roof storage vessel subject to this Regulation shall not use the 

storage vessel unless: 

(1) The storage vessel has been retrofitted with an internal floating roof 

equipped with a closure seal, or seals, to close the space between the 

roof edge and tank wall; 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 59 

 Appendix M 

June 15, 2007
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S 46 

 (2) The storage vessel is maintained such that there are no visible holes, 

tears, or other openings in the seal or any seal fabric or materials; 

 (3) All openings, except stub drains are equipped with covers, lids, or seals 

such that: 

 (A) The cover, lid, or seal is in the closed position at all times except 

when in actual use; 

 (B) Automatic bleeder vents are closed at all times except when the 

roof is floated off or landed on the roof leg supports; 

 (C) Rim vents, if provided, are set to open when the roof is being 

floated off the roof leg supports or at the manufacturer's 

recommended setting; 

 (4) Routine visual inspections are conducted through roof hatches once 

per month; 

 (5) A complete inspection of cover and seal is conducted whenever the 

tank is emptied for maintenance, shell inspection, cleaning, or for 

other nonoperational reasons or whenever excessive vapor leakage is 

observed; and 

 (6) Records are maintained in accordance with Regulation .0903 of this 

Section and shall include: 

 (A) reports of the results of inspections conducted under Parts 

(d)(4) and (d)(5) of this Regulation, 

 (B) a record of the average monthly storage temperature, and true 

vapor pressures of petroleum liquids stored, and 

 (C) records of the throughput quantities and types of petroleum 

liquids for each storage vessel. 

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

 Eff. July 1, 1979; 

 Amended Eff. March 1, 1991; December 1, 1989; January 1, 1985. 

15A NCAC 02D .0926 BULK GASOLINE PLANTS

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

(1) "Average daily throughput" means annual throughput of gasoline 

divided by 312 days per year. 

 (2) "Bottom filling" means the filling of a tank truck or stationary storage 

tank through an opening that is flush with the tank bottom. 

 (3) "Bulk gasoline plant" means a gasoline storage and distribution facility 

which has an average daily throughput of less than 20,000 gallons of 

gasoline and which usually receives gasoline from bulk terminals by 

trailer transport, stores it in tanks, and subsequently dispenses it via 

account trucks to local farms, businesses, and service stations. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 60 

 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .0900 

NORTH CAROLINA ADMINISTRATIVE CODE D-900-29 

S 46 

 (4) "Bulk gasoline terminal" means a gasoline storage facility which 

usually receives gasoline from refineries primarily by pipeline, ship, or 

barge; and delivers gasoline to bulk gasoline plants or to commercial or 

retail accounts primarily by tank truck; and has an average daily 

throughput of more than 20,000 gallons of gasoline. 

 (5) "Gasoline" means any petroleum distillate having a Reid vapor 

pressure of four psia or greater. 

 (6) "Incoming vapor balance system" means a combination of pipes or 

hoses which create a closed system between the vapor spaces of an 

unloading tank truck or trailer and a receiving stationary storage tank 

such that vapors displaced from the receiving stationary storage tank 

are transferred to the tank truck or trailer being unloaded. 

 (7) "Outgoing vapor balance system" means a combination of pipes or 

hoses which create a closed system between the vapor spaces of an 

unloading stationary storage tank and a receiving tank truck or trailer 

such that vapors displaced from the receiving tank truck or trailer are 

transferred to the stationary storage tank being unloaded. 

 (8) "Splash filling" means the filling of a tank truck or stationary storage 

tank through a pipe or hose whose discharge opening is above the 

surface level of the liquid in the tank being filled. 

 (9) "Submerged filling" means the filling of a tank truck or stationary tank 

through a pipe or hose whose discharge opening is entirely submerged 

when the pipe normally used to withdraw liquid from the tank can no 

longer withdraw any liquid, or whose discharge opening is entirely 

submerged when the liquid level is six inches above the bottom of the 

tank. 

(b) This Rule applies to the unloading, loading, and storage facilities of all bulk 

gasoline plants and of all tank trucks or trailers delivering or receiving gasoline at 

bulk gasoline plants except stationary storage tanks with capacities less than 528 

gallons. 

(c) The owner or operator of a bulk gasoline plant shall not transfer gasoline to any 

stationary storage tanks after May 1, 1993, unless the unloading tank truck or trailer 

and the receiving stationary storage tank are equipped with an incoming vapor 

balance system as described in Paragraph (i) of this Rule and the receiving stationary 

storage tank is equipped with a fill line whose discharge opening is flush with the 

bottom of the tank. 

(d) The owner or operator of a bulk gasoline plant with an average daily gasoline 

throughput of 4,000 gallons or more shall not load tank trucks or trailers at such 

plant after May 1, 1993, unless the unloading stationary storage tank and the 

receiving tank truck or trailer are equipped with an outgoing vapor balance system as 

described in Paragraph (i) of this Rule and the receiving tank truck or trailer is 

equipped for bottom filling. 

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(e) The owner or operator of a bulk gasoline plant with an average daily throughput 

of more than 2,500 gallons but less than 4,000 gallons located in an area with a 

housing density exceeding specified limits as described in this Paragraph shall not 

load any tank truck or trailer at such bulk gasoline plant after November 1, 1996, 

unless the unloading stationary storage tank and receiving tank truck or trailer are 

equipped with an outgoing vapor balance system as described in Paragraph (i) of this 

Rule and the receiving tank truck or trailer is equipped for bottom filling. In the 

counties of Alamance, Buncombe, Cabarrus, Catawba, Cumberland, Davidson, 

Durham, Forsyth, Gaston, Guilford, Mecklenburg, New Hanover, Orange, Rowan, 

and Wake, the specified limit on housing density is 50 residences in a square one 

mile on a side with the square centered on the loading rack at the bulk gasoline plant 

and with one side oriented in a true North-South direction. In all other counties the 

specified limit on housing density is 100 residences per square mile. The housing 

density shall be determined by counting the number of residences using aerial 

photographs or other methods determined by the Director to provide equivalent 

accuracy. 

(f) The owner or operator of a bulk gasoline plant not subject to the outgoing vapor 

balance system requirements of Paragraph (d) or (e) of this Rule shall not load 

trucks or trailers at such plants unless: 

(1) Equipment is available at the bulk gasoline plant to provide for 

submerge filling of each tank truck or trailer; or 

(2) Each receiving tank truck or trailer is equipped for bottom filling. 

(g) For a gasoline bulk plants located in nonattainment area for ozone, once the 

average daily throughput of gasoline at the bulk gasoline plant reaches or exceeds the 

applicability threshold in Paragraph (d) or (e) of this Rule or if Paragraph (d) or (e) is 

currently applicable to the bulk gasoline plant, the bulk gasoline plant shall continue 

to comply with the outgoing vapor balance system requirements of Paragraph (d) or 

(e) of this Rule, as is applicable, even though the average daily gasoline throughput 

falls below the threshold contained in Paragraph (d) or (e) of this Rule. 

(h) The owner or operator of a bulk gasoline plant, tank truck or trailer that is 

required to be equipped with a vapor balance system pursuant to Paragraphs (c), (d), 

or (e) of this Rule shall not transfer gasoline between tank truck or trailer and 

stationary storage tank unless: 

(1) The vapor balance system is in good working order and is connected 

and operating; 

 (2) Tank truck or trailer hatches are closed at all times during loading and 

unloading operations; and 

 (3) The tank truck's or trailer's pressure/vacuum relief valves and hatch 

covers and the truck tanks or storage tanks or associated vapor and 

liquid lines are vapor tight during loading or unloading. 

(i) Vapor balance systems required under Paragraphs (c), (d), and (e) of this Rule 

shall consist of the following major components: 

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(1) a vapor space connection on the stationary storage tank equipped with 

fittings which are vapor tight and will be automatically and 

immediately closed upon disconnection so as to prevent release of 

organic material; 

 (2) a connecting pipe or hose equipped with fittings which are vapor tight 

and will be automatically and immediately closed upon disconnection 

so as to prevent release of organic material; and 

 (3) a vapor space connection on the tank truck or trailer equipped with 

fittings which are vapor tight and will be automatically and 

immediately closed upon disconnection so as to prevent release of 

organic material. 

(j) The owner or operator of a bulk gasoline plant shall paint all tanks used for 

gasoline storage white or silver at the next scheduled painting or before November 1, 

2002, whichever is sooner. 

(k) The pressure relief valves on tank trucks or trailers loading or unloading at bulk 

gasoline plants shall be set to release at the highest possible pressure (in accordance 

with state or local fire codes or the National Fire Prevention Association guidelines). 

The pressure relief valves on stationary storage tanks shall be set at 0.5 psi for 

storage tanks placed in service on or after November 1, 1992, and 0.25 psi for storage 

tanks existing before November 1, 1992. 

(l) No owner or operator of a bulk gasoline plant may permit gasoline to be spilled, 

discarded in sewers, stored in open containers, or handled in any other manner that 

would result in evaporation. 

(m) The owner or operator of a bulk gasoline plant shall observe loading and 

unloading operations and shall discontinue the transfer of gasoline: 

(1) if any liquid leaks are observed, or 

 (2) if any vapor leaks are observed where a vapor balance system is 

required under Paragraphs (c), (d), or (e) of this Rule. 

(n) The owner or operator of a bulk gasoline plant shall not load, or allow to be 

loaded, gasoline into any truck tank or trailer unless the truck tank or trailer has 

been certified leak tight in accordance with Rule .0932 of this Section within the last 

12 months where the bulk gasoline plant is required to use an outgoing vapor 

balance system. 

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

 Eff. July 1, 1979; 

 Amended Eff. July 1, 1996; May 1, 1993; March 1, 1991; December 1, 

1989; January 1, 1985.

15A NCAC 02D .0927 BULK GASOLINE TERMINALS 

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

(1) "Bulk gasoline terminal" means: 

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(A) breakout tanks of an interstate oil pipeline facility; or 

(B) a gasoline storage facility that usually receives gasoline from 

refineries primarily by pipeline, ship, or barge; delivers gasoline 

to bulk gasoline plants or to commercial or retail accounts 

primarily by tank truck; and has an average daily throughput of 

more than 20,000 gallons of gasoline. 

(2) "Breakout tank" means a tank used to: 

(A) relieve surges in a hazardous liquid pipeline system, or 

(B) receive and store hazardous liquids transported by pipeline for 

reinjection and continued transport by pipeline. 

(3) "Gasoline" means a petroleum distillate having a Reid vapor pressure 

of four psia or greater. 

(4) "Contact deck" means a deck in an internal floating roof tank that rises 

and falls with the liquid level and floats in direct contact with the liquid 

surface. 

(5) "Degassing" means the process by which a tank's interior vapor space is 

decreased to below the lower explosive limit for the purpose of 

cleaning, inspection, or repair. 

(6) "Leak" means a crack or hole that lets petroleum product vapor or 

liquid escape that can be identified through the use of sight, sound, 

smell, an explosimeter, or the use of a meter that measures volatile 

organic compounds. When an explosimeter or meter is used to detect a 

leak, a leak is a measurement that is equal to or greater than 100 

percent of the lower explosive limit, as detected by a combustible gas 

detector using the test procedure described in Rule .0940 of this 

Section. 

(7) "Liquid balancing" means a process used to degas floating roof gasoline 

storage tanks with a liquid whose vapor pressure is below 1.52 psia. 

This is done by removing as much gasoline as possible without landing 

the roof on its internal supports, pumping in the replacement fluid, 

allowing mixing, remove as much mixture as possible without landing 

the roof, and repeating these steps until the vapor pressure of the 

mixture is below 1.52 psia. 

(8) "Liquid displacement" means a process by which gasoline vapors, 

remaining in an empty tank, are displaced by a liquid with a vapor 

pressure below 1.52 psia. 

(b) This Rule applies to bulk gasoline terminals and the appurtenant equipment 

necessary to load the tank truck or trailer compartments. 

(c) Gasoline shall not be loaded into any tank trucks or trailers from any bulk 

gasoline terminal unless: 

(1) The bulk gasoline terminal is equipped with a vapor control system 

that prevents the emissions of volatile organic compounds from 

exceeding 35 milligrams per liter. The owner or operator shall obtain 

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from the manufacturer and maintain in his records a pre-installation 

certification stating the vapor control efficiency of the system in use; 

(2) Displaced vapors and gases are vented only to the vapor control system 

or to a flare; 

(3) A means is provided to prevent liquid drainage from the loading device 

when it is not in use or to accomplish complete drainage before the 

loading device is disconnected; and 

(4) All loading and vapor lines are equipped with fittings that make vaportight connections and that are automatically and immediately closed 

upon disconnection. 

(d) Sources regulated by Paragraph (b) of this Rule shall not: 

(1) allow gasoline to be discarded in sewers or stored in open containers or 

handled in any manner that would result in evaporation, or 

(2) allow the pressure in the vapor collection system to exceed the tank 

truck or trailer pressure relief settings. 

(e) The owner or operator of a bulk gasoline terminal shall paint all tanks used for 

gasoline storage white or silver at the next scheduled painting or by December 1, 

2002, whichever occurs first. 

(f) The owner or operator of a bulk gasoline terminal shall install on each external 

floating roof tank with an inside diameter of 100 feet or less used to store gasoline a 

self-supporting roof, such as a geodesic dome, at the next time that the tank is taken 

out of service or by December 1, 2002, whichever occurs first. 

(g) The following equipment shall be required on all tanks storing gasoline at a bulk 

gasoline terminal: 

(1) rim-mounted secondary seals on all external and internal floating roof 

tanks, 

(2) gaskets on deck fittings, and 

(3) floats in the slotted guide poles with a gasket around the cover of the 

poles. 

(h) Decks shall be required on all above ground tanks with a capacity greater than 

19,800 gallons storing gasoline at a bulk gasoline terminal. All decks installed after 

June 30, 1998 shall comply with the following requirements: 

(1) deck seams shall be welded, bolted or riveted; and 

(2) seams on bolted contact decks and on riveted contact decks shall be 

gasketed. 

(i) If, upon facility or operational modification of a bulk gasoline terminal that 

existed before December 1, 1992, an increase in benzene emissions results such that: 

(1) emissions of volatile organic compounds increase by more than 25 tons 

cumulative at any time during the five years following modifications; 

and 

(2) annual emissions of benzene from the cluster where the bulk gasoline 

terminal is located (including the pipeline and marketing terminals 

served by the pipeline) exceed benzene emissions from that cluster 

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based upon calendar year 1991 gasoline throughput and application of 

the requirements of this Subchapter, 

then, the annual increase in benzene emissions due to the modification shall be 

offset within the cluster by reduction in benzene emissions beyond that otherwise 

achieved from compliance with this Rule, in the ratio of at least 1.3 to 1. 

(j) The owner or operators of a bulk gasoline terminal that has received an air 

permit before December 1, 1992, to emit toxic air pollutants under 15A NCAC 02Q 

.0700 to comply with Section .1100 of this Subchapter shall continue to follow all 

terms and conditions of the permit issued under 15A NCAC 02Q .0700 and to bring 

the terminal into compliance with Section .1100 of this Subchapter according to the 

terms and conditions of the permit, in which case the bulk gasoline terminal shall 

continue to need a permit to emit toxic air pollutants and shall be exempted from 

Paragraphs (e) through (i) of this Rule. 

(k) The owner or operator of a bulk gasoline terminal shall not load, or allow to be 

loaded, gasoline into any truck tank or trailer unless the truck tank or trailer has 

been certified leak tight according to Rule .0932 of this Section within the last 12 

months. 

(l) The owner or operator of a bulk gasoline terminal shall have on file at the 

terminal a copy of the certification test conducted according to Rule .0932 of this 

Section for each gasoline tank truck loaded at the terminal. 

(m) Emissions of gasoline from degassing of external or internal floating roof tanks 

at a bulk gasoline terminal shall be collected and controlled by at least 90 percent by 

weight. Liquid balancing shall not be used to degas gasoline storage tanks at bulk 

gasoline terminals. Bulk gasoline storage tanks containing not more than 138 gallons 

of liquid gasoline or the equivalent of gasoline vapor and gasoline liquid are 

exempted from the degassing requirements if gasoline vapors are vented for at least 

24-hours. Documentation of degassing external or internal floating roof tanks shall 

be made according to 15A NCAC 02D .0903. 

(n) According to Rule .0903 of this Section, the owner or operator of a bulk gasoline 

terminal shall visually inspect the following for leaks each day that the terminal is 

both manned and open for business: 

(1) the vapor collection system, 

(2) the vapor control system, and 

(3) each lane of the loading rack while a gasoline tank truck or trailer is 

being loaded. 

If no leaks are found, the owner or operator shall record that no leaks were found. If 

a leak is found, the owner or operator shall record the information specified in 

Paragraph (p) of this Rule. The owner or operator shall repair all leaks found 

according to Paragraph (q) of this Rule. 

(o) The owner or operator of a bulk gasoline terminal shall inspect weekly for leaks: 

(1) the vapor collection system, 

(2) the vapor control system, and 

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(3) each lane of the loading rack while a gasoline tank truck or trailer is 

being loaded. 

The weekly inspection shall be done using sight, sound, or smell; a meter used to 

measure volatile organic compounds; or an explosimeter. An inspection using either 

a meter used to measure volatile organic compounds or an explosimeter shall be 

conducted every month. If no leaks are found, the owner or operator shall record the 

date that the inspection was done and that no leaks were found. If a leak is found, the 

owner or operator shall record the information specified in Paragraph (p) of this 

Rule. The owner or operator shall repair all leaks found according to Paragraph (q) 

of this Rule. 

(p) For each leak found under Paragraph (n) or (o) of this Rule, the owner or 

operator of a bulk gasoline terminal shall record: 

(1) the date of the inspection, 

(2) the findings (location, nature and severity of each leak) 

(3) the corrective action taken, 

(4) the date when corrective action was completed, and 

(5) any other information that the terminal deems necessary to 

demonstrate compliance. 

(q) The owner or operator of a bulk gasoline terminal shall repair all leaks as 

follows: 

(1) The vapor collection hose that connects to the tank truck or trailer shall 

be repaired or replaced before another tank truck or trailer is loaded at 

that rack after a leak has been detected originating with the terminal’s 

equipment rather than from the gasoline tank truck or trailer. 

(2) All other leaks shall be repaired as expeditiously as possible but no 

later than 15 days from their detection. If more than 15 days are 

required to make the repair, the reasons that the repair cannot be made 

shall be documented, and the leaking equipment shall not be used after 

the fifteenth day from when the leak detection was found until the 

repair is made. 

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

Eff. July 1, 1979; 

Amended Eff. January 1, 2007; April 1, 2003; August 1, 2002; July 1, 

1998; July 1, 1996; July 1, 1994; December 1, 1992; December 1, 1989; 

January 1, 1985. 

15A NCAC 02D .0928 GASOLINE SERVICE STATIONS STAGE I

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

(1) "Gasoline" means a petroleum distillate having a Reid vapor pressure 

of four psia or greater. 

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 (2) "Delivery vessel" means tank trucks or trailers equipped with a storage 

tank and used for the transport of gasoline from sources or supply to 

stationary storage tanks of gasoline dispensing facilities. 

 (3) "Submerged fill pipe" means any fill pipe with a discharge opening 

which is entirely submerged when the pipe normally used to withdraw 

liquid from the tank can no longer withdraw any liquid, or which is 

entirely submerged when the level of the liquid is: 

 (A) six inches above the bottom of the tank if the tank does not have 

a vapor recovery adaptor, or 

 (B) 12 inches above the bottom of the tank if the tank has a vapor 

recovery adaptor. 

 If the opening of the submerged fill pipe is cut at a slant, the distance is 

measured from the top of the slanted cut to the bottom of the tank. 

 (4) "Owner" means any person who has legal or equitable title to the 

gasoline storage tank at a facility. 

 (5) "Operator" means any person who leases, operates, controls, or 

supervises a facility at which gasoline is dispensed. 

 (6) "Gasoline dispensing facility" means any site where gasoline is 

dispensed to motor vehicle gasoline tanks from stationary storage 

tanks. 

 (7) "Gasoline service station" means any gasoline dispensing facility where 

gasoline is sold to the motoring public from stationary storage tanks. 

 (8) "Throughput" means the amount of gasoline dispensed at a facility 

during a calendar month after November 15, 1990. 

 (9) "Line" means any pipe suitable for transferring gasoline. 

 (10) "Dual point system" means the delivery of the product to the stationary 

storage tank and the recovery of vapors from the stationary storage 

tank occurs through two separate openings in the storage tank and two 

separate hoses between the tank truck and the stationary storage tank. 

 (11) "Coaxial system" means the delivery of the product and recovery of 

vapors occur through a single coaxial fill tube, which is a tube within a 

tube. Product is delivered through the inner tube, and vapor is 

recovered through the annular space between the walls of the inner 

tube and outer tube. 

 (12) "Poppeted vapor recovery adaptor" means a vapor recovery adaptor 

that automatically and immediately closes itself 

when the vapor return line is disconnected and maintains a tight seal when the 

vapor return line is not connected. 

 (13) "Stationary storage tank" means a gasoline storage container which is a 

permanent fixture. 

(b) Applicability. This Rule applies to all gasoline dispensing facilities and gasoline 

service stations and to delivery vessels delivering gasoline to a gasoline dispensing 

facility or gasoline service station. 

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(c) Exemptions. This Rule does not apply to: 

(1) transfers made to storage tanks at gasoline dispensing facilities or 

gasoline service stations equipped with floating roofs or their 

equivalent; 

 (2) stationary tanks with a capacity of not more than 2,000 gallons which 

are in place before July 1, 1979, if the tanks are equipped with a 

permanent or portable submerged fill pipe; 

 (3) stationary storage tanks with a capacity of not more than 550 gallons 

which are installed after June 30, 1979, if tanks are equipped with a 

permanent or portable submerged fill pipe; 

 (4) stationary storage tanks with a capacity of not more than 2000 gallons 

located on a farm or a residence and used to store gasoline for farm 

equipment or residential use if gasoline is delivered to the tank 

through a permanent or portable submerged fill pipe except that this 

exemption does not apply in ozone non-attainment areas; 

 (5) stationary storage tanks at a gasoline dispensing facility or gasoline 

service station where the combined annual throughput of gasoline at 

the facility or station does not exceed 50,000 gallons, if the tanks are 

permanently equipped with submerged fill pipes; 

 (6) any tanks used exclusively to test the fuel dispensing meters. 

(d) With exceptions stated in Paragraph (c) of this Rule, gasoline shall not be 

transferred from any delivery vessel into any stationary storage tank unless: 

(1) The tank is equipped with a submerged fill pipe, and the vapors 

displaced from the storage tank during filling are controlled by a vapor 

control system as described in Paragraph (e) of this Rule; 

 (2) The vapor control system is in good working order and is connected 

and operating with a vapor tight connection; 

 (3) The vapor control system is properly maintained and all damaged or 

malfunctioning components or elements of design are repaired, 

replaced or modified; 

 (4) Gauges, meters, or other specified testing devices are maintained in 

proper working order; 

 (5) The delivery vessel and vapor collection system complies with Rule 

.0932 of this Section; and 

 (6) The following records, as a minimum, are kept in accordance with Rule 

.0903 of this Section: 

 (A) the scheduled date for maintenance or the date that a 

malfunction was detected; 

 (B) the date the maintenance was performed or the malfunction 

corrected; and 

 (C) the component or element of design of the control system 

repaired, replaced, or modified. 

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(e) The vapor control system required by Paragraph (d) of this Rule shall include 

one or more of the following: 

(1) a vapor-tight line from the storage tank to the delivery vessel and: 

 (A) for a coaxial vapor recovery system, either a poppeted or 

unpoppeted vapor recovery adaptor; 

 (B) for a dual point vapor recovery system, poppeted vapor recovery 

adaptor; or 

 (2) a refrigeration-condensation system or equivalent designed to recover 

at least 90 percent by weight of the organic compounds in the 

displaced vapor. 

(f) If an unpoppeted vapor recovery adaptor is used pursuant to Part (e)(1)(A) of this 

Rule, the tank liquid fill connection shall remain covered either with a vaporAdopted State Measures 

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tight cap or a vapor return line except when the vapor return line is being connected 

or disconnected. 

(g) If an unpoppeted vapor recovery adaptor is used pursuant to Part (e)(1)(A) of 

this Rule, the unpoppeted vapor recovery adaptor shall be replaced with a poppeted 

vapor recovery adaptor when the tank is replaced or is removed and upgraded. 

(h) Where vapor lines from the storage tanks are manifolded, poppeted vapor 

recovery adapters shall be used. No more than one tank is to be loaded at a time if 

the manifold vapor lines are size 2 1/2 inches and smaller. If the manifold vapor lines 

are 3 inches and larger, then two tanks at a time may be loaded. 

(i) Vent lines on tanks with Stage I controls shall have pressure release valves or 

restrictors. 

(j) The vapor-laden delivery vessel: 

(1) shall be designed and maintained to be vapor-tight during loading and 

unloading operations and during transport with the exception of 

normal pressure/vacuum venting as required by regulations of the 

Department of Transportation; and 

 (2) if it is refilled in North Carolina, shall be refilled only at: 

 (A) bulk gasoline plants complying with Rule .0926 of this Section, 

or 

 (B) bulk gasoline terminals complying with Rule .0927 of this 

Section or Rule .0524 of this Subchapter. 

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

 Eff. July 1, 1979; 

 Amended Eff. July 1, 1996; July 1, 1994; March 1, 1991; December 1, 

1989; January 1, 1985.

15A NCAC 02D .0929 PETROLEUM REFINERY SOURCES (REPEALED)

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

 Eff. July 1, 1979; 

 Amended Eff. March 1, 1991; December 1, 1989; January 1, 1985; 

 Repealed Eff. July 1, 1996.

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15A NCAC 02D .0930 SOLVENT METAL CLEANING 

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

(1) “Cold cleaning” means the batch process of cleaning and removing 

soils from metal surfaces by spraying, brushing, flushing, or 

immersion while maintaining the solvent below its boiling point. 

Wipe cleaning is not included in this definition. 

 (2) “Conveyorized degreasing” means the continuous process of 

cleaning and removing soils from metal surfaces by operating with 

either cold or vaporized solvents. 

 (3) “Freeboard height” means for vapor degreasers the distance from 

the top of the vapor zone to the top of the degreaser tank. For cold 

cleaners, freeboard height means the distance from liquid solvent 

level in the degreaser tank to the top of the tank. 

 (4) “Freeboard ratio” means the freeboard height divided by the width 

of the degreaser. 

 (5) “Open top vapor degreasing” means the batch process of cleaning 

and removing soils from metal surfaces by condensing hot solvent 

vapor on the colder metal parts. 

 (6) “Solvent metal cleaning” means the process of cleaning soils from 

metal surfaces by cold cleaning or open top vapor degreasing or 

conveyorized degreasing. 

(b) This Regulation applies to cold cleaning, open top vapor degreasing, and 

conveyorized degreasing operations. 

(c) The provisions of this Regulation shall apply with the following exceptions: 

(1) Open top vapor degreasers with an open area smaller than 10.8 

square feet shall be exempt from Subparagraph (e)(3) of this 

Regulation; and 

 (2) Conveyorized degreasers with an air/vapor interface smaller than 

21.6 square feet shall be exempt from Subparagraph (f)(2) of this 

Regulation. 

(d) The owner or operator of a cold cleaning facility shall: 

 (1) equip the cleaner with a cover and the cover shall be designed so 

that it can be easily operated with one hand, if: 

 (A) The solvent volatility is greater than 15 millimeters of 

mercury or 0.3 pounds per square inch measured at 100° F; 

 (B) The solvent is agitated; or 

 (C) The solvent is heated; 

 (2) equip the cleaner with a facility for draining cleaned parts. The 

drainage facility shall be constructed internally so that parts are 

enclosed under the cover while draining if the solvent volatility is 

greater than 32 millimeters of mercury or 0.6 pounds per square 

inch measured at 100° F. However, the drainage facility may be 

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external for applications where an internal type cannot fit into the 

cleaning system; 

 (3) install one of the following control devices if the solvent volatility is 

greater than 33 millimeters of mercury or 0.6 pounds per square 

inch measured at 100° F, or if the solvent is heated above 120° F: 

 (A) freeboard which gives a freeboard ratio greater than or equal 

to 0.7; 

 (B) water cover if the solvent is insoluble in and heavier than 

water; or 

 (C) other systems of equivalent control, such as refrigerated 

chiller or carbon adsorption, approved by the Director; 

 (4) provide a permanent, conspicuous label, summarizing the 

operating requirements; 

 (5) store waste solvent only in covered containers and not dispose of 

waste solvent or transfer it to another party, such that greater than 

20 percent of the waste solvent (by weight) can evaporate into the 

atmosphere; 

 (6) close the cover whenever parts are not being handled in the cleaner; 

 (7) drain the cleaned parts for at least 15 seconds or until dripping 

ceases; and 

 (8) if used, supply a solvent spray which is a solid fluid stream (not a 

fine, atomized, or shower type spray) at a pressure which does not 

cause excessive splashing. 

(e) With the exception stated in Paragraph (c) of this Regulation, the owner or 

operator of an open top vapor degreaser shall: 

(1) equip the vapor degreaser with a cover which can be opened and 

closed easily without disturbing the vapor zone; 

 (2) provide the following safety switches or devices: 

 (A) a condenser flow switch and thermostat or other device 

which prevents heat input if the condenser coolant is either 

not circulating or too warm, 

 (B) a spray safety switch or other device which shuts off the 

spray pump if the vapor level drops more than 10 inches, and 

 (C) a vapor level control thermostat or other device which 

prevents heat input when the vapor level rises too high; 

 (3) install one of the following control devices: 

 (A) freeboard ratio greater than or equal to 0.75. If the degreaser 

opening is greater than 10.8 square feet, the cover must be 

powered; 

 (B) refrigerated chiller; 

 (C) enclosed design (The cover or door opens only when the dry 

part is actually entering or exiting the degreaser.); or 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 (D) carbon adsorption system, with ventilation greater than or 

equal to 50 cubic feet per minute per square foot of air/vapor 

area (when cover is open), and exhausting less than 25 parts 

per million of solvent averaged over one complete adsorption 

cycle. 

 (4) keep the cover closed at all times except when processing workloads 

through the degreaser; and 

 (5) minimize solvent carryout by: 

 (A) racking parts to allow complete drainage, 

 (B) moving parts in and out of the degreaser at less than 11 feet 

per minute, 

 (C) holding the parts in the vapor zone at least 30 seconds or 

until condensation ceases, 

 (D) tipping out any pools of solvent on the cleaned parts before 

removal from the vapor zone, and 

 (E) allowing parts to dry within the degreaser for at least 15 

seconds or until visually dry; 

 (6) not degrease porous or absorbent materials, such as cloth, leather, 

wood, or rope; 

 (7) not occupy more than half of the degreaser's open top area with a 

workload; 

 (8) not load the degreaser to the point where the vapor level would 

drop more than 10 inches when the workload is removed from the 

vapor zone; 

 (9) always spray below the vapor level; 

 (10) repair solvent leaks immediately or shutdown the degreaser; 

 (11) store waste solvent only in covered containers and not dispose of 

waste solvent or transfer it to another party, such that greater than 

20 percent of the waste solvent (by weight) can evaporate into the 

atmosphere; 

 (12) not operate the cleaner so as to allow water to be visually detectable 

in solvent exiting the water separator; 

 (13) not use ventilation fans near the degreaser opening, nor provide 

exhaust ventilation exceeding 65 cubic feet per minute per square 

foot of degreaser open area, unless necessary to meet OSHA 

requirements (OSHA is the U.S. Occupational Safety and Health 

Administration; in North Carolina the N.C. Labor Department has 

delegation of OSHA programs.); and 

 (14) provide a permanent, conspicuous label, summarizing the 

operating procedures of Subparagraphs (4) through (12) of this 

Paragraph. 

(f) With the exception stated in Paragraph (c) of this Regulation, the owner or 

operator of a conveyorized degreaser shall: 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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(1) not use workplace fans near the degreaser opening, nor provide 

exhaust ventilation exceeding 65 cubic feet per minute per square 

foot of degreaser opening, unless necessary to meet OSHA 

requirements; 

 (2) install one of the following control devices: 

(A) refrigerated chiller or 

(B) carbon adsorption system, with ventilation greater than or 

equal to 50 cubic feet per minute per square foot of air/vapor 

area (when downtime covers are open), and exhausting less 

than 25 parts per million of solvent by volume averaged over 

a complete adsorption cycle; 

(3) equip the cleaner with equipment, such as a drying tunnel or 

rotating (tumbling) basket, sufficient to prevent cleaned parts from 

carrying out solvent liquid or vapor; 

 (4) provide the following safety switches or devices: 

 (A) a condenser flow switch and thermostat or other device 

which prevents heat input if the condenser coolant is either 

not circulating or too warm, 

 (B) a spray safety switch or other device which shuts off the 

spray pump or the conveyor if the vapor level drops more 

than 10 inches, and 

 (C) a vapor level control thermostat or other device which 

prevents heat input when the vapor level rises too high; 

 (5) minimize openings during operation so that entrances and exits will 

silhouette workloads with an average clearance between the parts 

and the edge of the degreaser opening of less than four inches or 

less than 10 percent of the width of the opening; 

 (6) provide downtime covers for closing off the entrance and exit 

during shutdown hours; 

 (7) minimize carryout emissions by: 

 (A) racking parts for best drainage; and 

 (B) maintaining the vertical conveyor speed at less than 11 feet 

per minute; 

 (8) store waste solvent only in covered containers and not dispose of 

waste solvent or transfer it to another party, such that greater than 

20 percent of the waste solvent (by weight) can evaporate into the 

atmosphere; 

 (9) repair solvent leaks immediately, or shut down the degreaser; 

 (10) not operate the cleaner so as to allow water to be visually detectable 

in solvent exiting the water separator; and 

 (11) place downtime covers over entrances and exits or conveyorized 

degreasers immediately after the conveyors and exhausts are 

shutdown and not remove them until just before start-up. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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

 Eff. July 1, 1979; 

 Amended Eff. March 1, 1991; December 1, 1989; January 1, 1985.

15A NCAC 02D.0931 CUTBACK ASPHALT

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

 (1) "Asphalt" means a dark-brown to black cementitious material 

(solid, semisolid, or liquid in consistency) in which the 

predominating constituents are bitumens which occur in nature as 

such or which are obtained as residue in refining petroleum. 

 (2) "Cutback asphalt" means asphalt cement which has been liquefied 

by blending with petroleum solvents (diluents). Upon exposure to 

atmospheric conditions, the diluents evaporate, leaving the asphalt 

cement to perform its function. 

 (3) "Emulsified asphalt" means an emulsion of asphalt cement and 

water which contains a small amount of an emulsifying agent; a 

heterogeneous system containing two normally immiscible phases 

(asphalt and water) in which the water forms the continuous phase 

of the emulsion, and minute globules of asphalt form the 

discontinuous phase. 

 (4) "Penetrating prime coat" means an application of low-viscosity 

liquid asphalt to an absorbent surface. It is used to prepare an 

untreated base for an asphalt surface. The prime penetrates the 

base and plugs the voids, hardens the top, and helps bind it to the 

overlying asphalt course. It also reduces the necessity of 

maintaining an untreated base course prior to placing the asphalt 

pavement. 

(b) This Regulation applies to the manufacture and use of cutback asphalts for 

the purpose of paving or maintaining roads, highways, streets, parking lots, 

driveways, curbs, sidewalks, airfields (runways, taxiways, and parking aprons), 

recreational facilities (tennis courts, playgrounds, and trails), and other similar 

structures. 

(c) Cutback asphalt shall not be manufactured, mixed, stored, used, or applied 

except where: 

 (1) Long-life (one month or more) stockpile storage is necessary; 

 (2) The use or application at ambient temperatures less than 50° F, as 

measured at the nearest National Weather Service Field Office or 

Federal Aviation Administration Station, is necessary; 

 (3) The cutback asphalt is to be used solely as a penetrating prime coat; 

or 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 (4) The user can demonstrate to the Director that there are no volatile 

organic compound emissions under conditions of normal use. 

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

 Eff. July 1, 1979; 

 Amended Eff. December 1, 1989; January 1, 1985; June 1, 1980. 

15A NCAC 02D .0932 GASOLINE TRUCK TANKS AND VAPOR 

COLLECTION SYSTEMS 

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

(1) "Bottom filling" means the filling of a tank truck or stationary 

storage tank through an opening that is flush with the tank bottom. 

(2) "Bulk gasoline plant" means a gasoline storage and distribution 

facility which has an average daily throughput of less than 20,000 

gallons of gasoline and which usually receives gasoline from bulk 

terminals by trailer transport, stores it in tanks, and subsequently 

dispenses it via account trucks to local farms, businesses, and 

service stations. 

(3) "Bulk gasoline terminal" means: 

(A) breakout tanks of an interstate oil pipeline facility; or 

(B) a gasoline storage facility that usually receives gasoline from 

refineries primarily by pipeline, ship, or barge; delivers 

gasoline to bulk gasoline plants or to commercial or retail 

accounts primarily by tank truck; and has an average daily 

throughput of more than 20,000 gallons of gasoline. 

(4) "Certified facility" means any facility that has been certified under 

Rule .0960 of this Section to perform leak tightness tests on truck 

tanks. 

(5) "Gasoline" means any petroleum distillate having a Reid vapor 

pressure of 4.0 psia or greater. 

(6) "Gasoline dispensing facility" means any site where gasoline is 

dispensed to motor vehicle gasoline tanks from stationary storage 

tanks. 

(7) "Gasoline service station" means any gasoline dispensing facility 

where gasoline is sold to the motoring public from stationary 

storage tanks 

(8) "Truck tank" means the storage vessels of trucks or trailers used to 

transport gasoline from sources of supply to stationary storage 

tanks of bulk gasoline terminals, bulk gasoline plants, gasoline 

dispensing facilities and gasoline service stations. 

(9) "Truck tank vapor collection equipment" means any piping, hoses, 

and devices on the truck tank used to collect and route gasoline 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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vapors in the tank to or from the bulk gasoline terminal, bulk 

gasoline plant, gasoline dispensing facility or gasoline service 

station vapor control system or vapor balance system. 

(10) "Vapor balance system" means a combination of pipes or hoses that 

create a closed system between the vapor spaces of an unloading 

tank and a receiving tank such that vapors displaced from the 

receiving tank are transferred to the tank being unloaded. 

(11) "Vapor collection system" means a vapor balance system or any 

other system used to collect and control emissions of volatile 

organic compounds. 

(b) This Rule applies to gasoline truck tanks that are equipped for vapor 

collection and to vapor control systems at bulk gasoline terminals, bulk gasoline 

plants, equipped with vapor balance or vapor control systems. 

(c) Gasoline Truck Tanks. 

(1) Gasoline truck tanks and their vapor collection systems shall be 

tested annually by a certified facility. The test procedure that shall 

be used is described in Rules .0940 and .0941 of this Section, and is 

according to Rule .0912 of this Section. The gasoline truck tank 

shall not be used if it sustains a pressure change greater than 1.0 

inches of water in five minutes when pressurized to a gauge 

pressure of 18 inches of water or when evacuated to a gauge 

pressure of 6.0 inches of water. 

(2) Each gasoline truck tank that has been certified leak tight, 

according to Subparagraph (1) of this Paragraph shall display a 

sticker on the front tank shell. 

(3) There shall be no liquid leaks from any gasoline truck tank. 

(4) Any truck tank with a leak equal to or greater than 100 percent of 

the lower explosive limit, as detected by a combustible gas detector 

using the test procedure described in Rule .0940 of this Section, 

shall not be used beyond 15 days after the leak has been discovered, 

unless the leak has been repaired and the tank has been certified to 

be leak tight according to Subparagraph (1) of this Paragraph. 

(5) The owner or operator of a gasoline truck tanks with a vapor 

collection system shall maintain records of all certification testing 

and repairs. The records shall identify the gasoline truck tank, the 

date of the test or repair; and, if applicable, the type of repair and 

the date of retest. The records of certification tests shall include: 

(A) the gasoline truck tank identification number; 

(B) the initial test pressure and the time of the reading; 

(C) the final test pressure and the time of the reading; 

(D) the initial test vacuum and the time of reading; 

(E) the final test vacuum and the time of the reading, 

(F) the date and location of the tests, 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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(G) the NC sticker number issued, and 

(H) the final change in pressure of the internal vapor value test. 

(6) A copy of the most recent certification report shall be kept with the 

truck tank. The owner or operator of the truck tank shall also file a 

copy of the most recent certification test with each bulk gasoline 

terminal that loads the truck tank. The records shall be maintained 

for at least two years after the date of the testing or repair, and 

copies of such records shall be made available within a reasonable 

time to the Director upon written request. 

(d) Bulk Gasoline Terminals, Bulk Gasoline Plants Equipped With Vapor Balance 

or Vapor Control Systems 

(1) The vapor collection system and vapor control system shall be 

designed and operated to prevent gauge pressure in the truck tank 

from exceeding 18 inches of water and to prevent a vacuum of 

greater than six inches of water. 

(2) During loading and unloading operations there shall be: 

(A) no vapor leakage from the vapor collection system such that 

a reading equal to or greater than 100 percent of the lower 

explosive limit at one inch around the perimeter of each 

potential leak source as detected by a combustible gas 

detector using the test procedure described in Rule .0940 of 

this Section; and 

(B) no liquid leaks. 

(3) If a leak is discovered that exceeds the limit in Subparagraph (2) of 

this Paragraph: 

(A) For bulk gasoline plants, the vapor collection system or 

vapor control system (and therefore the source) shall not be 

used beyond 15 days after the leak has been discovered, 

unless the leak has been repaired and the system has been 

retested and found to comply with Subparagraph (2) of this 

Paragraph; 

(B) For bulk gasoline terminals, the vapor collection system or 

vapor control system shall be repaired following the 

procedures in Rule .0927 of this Section. 

(4) The owner or operator of a vapor collection system at a bulk 

gasoline plant or a bulk gasoline terminal shall test, according to 

Rule .0912 and .0940 of this Section, the vapor collection system at 

least once per year. If after two complete annual checks no more 

than 10 leaks are found, the Director may allow less frequent 

monitoring. If more than 20 leaks are found, the Director may 

require that the frequency of monitoring be increased. 

(5) The owner or operator of a vapor control systems at bulk gasoline 

terminals, bulk gasoline plants, gasoline dispensing facilities, and 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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gasoline service stations equipped with vapor balance or vapor 

control systems shall maintain records of all certification testing 

and repairs. The records shall identify the vapor collection system, 

or vapor control system; the date of the test or repair; and, if 

applicable, the type of repair and the date of retest. 

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

Eff. July 1, 1980; 

Amended Eff. January 1, 2007; April 1, 2003; August 1, 2002; July 

1, 1994; December 1, 1989; January 1, 1985. 

15A NCAC 02D .0933 PETROLEUM LIQUID STORAGE IN 

EXTERNAL FLOATING ROOF TANKS 

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

(1) "Condensate" means hydrocarbon liquid separated from natural gas 

which condenses due to changes in the temperature or pressure and 

remains liquid at standard conditions. 

(2) "Crude oil" means a naturally occurring mixture consisting of 

hydrocarbons or sulfur, nitrogen or oxygen derivatives of 

hydrocarbons or mixtures thereof which is a liquid in the reservoir 

at standard conditions. 

(3) "Custody transfer" means the transfer of produced crude oil or 

condensate, after processing or treating in the producing 

operations, from storage tanks or automatic transfer facilities to 

pipelines or any other forms of transportation. 

(4) "External floating roof" means a storage vessel cover in an open top 

tank consisting of a double deck or pontoon single deck which rests 

upon and is supported by the petroleum liquid being contained and 

is equipped with a closure seal or seals to close the space between 

the roof edge and tank shell. 

(5) "Internal floating roof" means a cover or roof in a fixed roof tank 

which rests upon or is floated upon the petroleum liquid being 

contained, and is equipped with a closure seal or seals to close the 

space between the roof edge and tank shell. 

(6) "Liquid-mounted seal" means a primary seal mounted so the 

bottom of the seal covers the liquid surface between the tank shell 

and the floating roof. 

(7) "Vapor-mounted seal" means a primary seal mounted so there is an 

annular vapor space underneath the seal. The annular vapor space 

is bounded by the bottom of the primary seal, the tank shell, the 

liquid surface, and the floating roof. 

(8) "Petroleum liquids" means crude oil, condensate, and any finished 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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or intermediate products manufactured or extracted in a petroleum 

refinery. 

(b) This Rule applies to all external floating roof tanks with capacities greater 

than 950 barrels containing petroleum liquids whose true vapor pressure exceed 

1.52 pounds per square inch absolute. 

(c) This Rule does not apply to petroleum liquid storage vessels: 

(1) that have external floating roofs that have capacities less than 

10,000 barrels and that are used to store produced crude oil and 

condensate prior to custody transfer; 

(2) that have external floating roofs and that store waxy, heavy-pour 

crudes; 

(3) that have external floating roofs, and that contain a petroleum 

liquid with a true vapor pressure less than 4.0 pounds per square 

inch absolute and: 

(A) The tanks are of welded construction; and 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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(B) The primary seal is a metallic-type shoe seal, a liquidmounted foam seal, a liquid-mounted filled type seal, or any 

other closure device of demonstrated equivalence; or 

(4) that have fixed roofs with or without internal floating roofs. 

(d) With the exceptions stated in Paragraph (c) of this Rule, an external floating 

roof tank subject to this Rule shall not be used unless: 

(1) The tank has: 

(A) a continuous secondary seal extending from the floating roof 

to the tank wall (a rim-mounted secondary), 

(B) a metallic-type shoe primary seal and a secondary seal from 

the top of the shoe seal to the tank wall (shoe-mounted 

secondary seal); or 

(C) a closure or other control device demonstrated to have an 

efficiency equal to or greater than that required under Part 

(A) or (B) of this Subparagraph. 

(2) The seal closure devices meet the following requirements: 

(A) There shall be no visible holes, tears, or other openings in the 

seal or seal fabric; 

(B) The seal shall be intact and uniformly in place around the 

circumference of the floating roof between the floating roof 

and the tank wall; and 

(C) For vapor mounted primary seals, the gap-area of gaps 

exceeding 0.125 inch in width between the secondary seal 

and the tank wall shall not exceed 1.0 square inch per foot of tank 

diameter; 

(3) All openings in the external floating roof, except for automatic 

bleeder vents, rim space vents, and leg sleeves, are: 

(A) provided with a projection below the liquid surface; and 

(B) equipped with covers, seals, or lids that remain in a closed 

position at all times except when in actual use; 

(4) Automatic bleeder vents are closed at all times except when the roof 

is floated off or landed on the roof leg supports; 

(5) Rim vents are set to open only when the roof is being floated off the 

roof leg supports or at the manufacturer's recommended setting; 

(6) Any emergency roof drains are provided with slotted membrane 

fabric covers or equivalent covers that cover at least 90 percent of 

the area at the opening; 

(7) Routine visual inspections are conducted once per month; 

(8) For tanks equipped with a vapor-mounted primary seal, the 

secondary seal gap measurements are made annually in 

accordance with Paragraph (e) of this Rule; and

(9) Records are maintained in accordance with Rule .0903 of this 

Section and include: 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

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(A) reports of the results of inspections conducted under 

Subparagraph (7) and (8) of this Paragraph; 

(B) a record of the average monthly storage temperature and the 

true vapor pressures or Reid vapor pressures of the 

petroleum liquids stored; and 

(C) records of the throughput quantities and types of volatile 

petroleum liquids for each storage vessel. 

(e) The secondary seal gap area is determined by measuring the length and width 

of the gaps around the entire circumference of the secondary seal. Only gaps 

equal to or greater than 0.125 inch are used in computing the gap area. The area 

of the gaps are accumulated to determine compliance with Part (d)(2)(C) of this 

Rule. 

(f) Notwithstanding the definition of volatile organic compound found in Rule 

.0901(28) of this Section, the owner or operator of a petroleum liquid storage 

vessel with an external floating roof not equipped with a secondary seal or 

approved alternative, that contains a petroleum liquid with a true vapor pressure 

greater than 1.0 pound per square inch shall maintain records of the average 

monthly storage temperature, the type of liquid, throughput quantities, and the 

maximum true vapor pressure for all petroleum liquids with a true vapor 

pressure greater than 1.0 pound per square inch. 

 

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

 Eff. July 1, 1980; 

Amended Eff. June 1, 2004; July 1, 1994; March 1, 1991; 

December 1, 1989; January 1, 1985

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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.0934 COATING OF MISCELLANEOUS METAL PARTS AND

 PRODUCTS

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

(1) "Heat sensitive material" means materials that cannot be exposed to

temperatures greater than 180 F to 200 F. o o

(2) "Air dried coating" means coatings which are dried by the use of air or a

forced air drier.

(3) "Clear coat" means a coating which lacks color and opacity.

(4) "Extreme performance coatings" means coatings designed for harsh

exposure or extreme environmental conditions.

(5) "Extreme environmental conditions" means exposure to:

(A) the weather at all times;

(B) temperatures consistently above 203 F; o

(C) detergents, scouring, solvents, or corrosive atmospheres; or

(D) other similar environmental conditions.

(b) This Rule applies to application areas, flashoff areas, ovens and other

processes that are used in the coating of metal parts and products of the following

types of manufacturing plants:

(1) large farm machinery including harvesting, fertilizing and planting

machines, tractors, combines, and other similar machines;

(2) small farm machinery including lawn and garden tractors, lawn mowers,

rototillers, and other similar machines;

(3) small appliances including fans, mixers, blenders, crock pots,

dehumidifiers, vacuum cleaners, and other similar machines;

(4) commercial machinery including computers and auxiliary equipment,

typewriters, calculators, vending machines, and other similar machines;

(5) industrial machinery including pumps, compressors, conveyor

components, fans, blowers, transformers, and other similar machines;

(6) fabricated metal products including metal covered doors, frames and

other similar structures; and

(7) any other manufacturing plant that coats metal parts or products.

(c) This Rule does not apply to:

(1) sources covered by Rules .0917, .0918, .0919, .0922, .0923, and .0924 of

this Section;

(2) architectural and maintenance coating;

(3) coating of airplane exterior;

(4) automobile refinishing;

(5) customized coating of automobiles and trucks; or

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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(6) exterior of marine vessels.

(d) With the exception stated in Paragraph (e) of this Rule, emissions of volatile

organic compounds from any coating line subject to this Rule shall not exceed:

(1) 10.3 pounds of volatile organic compounds per gallon of solids delivered

to a coating applicator that applies clear coatings;

(2) 6.7 pounds of volatile organic compounds per gallon of solids delivered

to a coating applicator in a coating application system that utilized air or

forced air driers;

(3) 6.7 pounds of volatile organic compounds per gallon of solids delivered

to a coating applicator that applies extreme performance coatings;

(4) 5.1 pounds of volatile organic compounds per gallon of solids delivered

to a coating applicator that applies coatings of five or more color changes

or of five or more colors or applies the coating that is the first coat on

untreated ferrous substrate; or

(5) where there are less than five color changes and less than five colors are

applied:

(A) 0.4 pounds of volatile organic compounds per gallon of solids

delivered to a coating applicator that applies powder coatings; or

(B) 5.1 pounds of volatile organic compounds per gallon of solids

delivered to a coating applicator for any other type of coating.

Whenever more than one of the aforementioned emission limitations may apply to

a process, then the least stringent emission limitation shall apply to the process.

(e) Any source which has chosen to control emissions of volatile organic

compounds under Rule .0518(e) of this Subchapter and which has installed air

pollution control equipment in accordance with an air quality permit in order to

comply with this Rule before December 1, 1989, may comply with the limits

contained in this Paragraph instead of those contained in Paragraph (d) of this

Rule. Emissions of volatile organic compounds from any coating line subject to

this Rule shall not exceed:

(1) 4.3 pounds of volatile organic compounds per gallon of coating,

excluding water and exempt compounds, delivered to a coating applicator

that applies clear coatings;

(2) 3.5 pounds of volatile organic compounds per gallon of coating,

excluding water and exempt compounds, delivered to a coating applicator

in a coating application system that utilized air or forced air driers;

(3) 3.5 pounds of volatile organic compounds per gallon of coating,

excluding water and exempt compounds, delivered to a coating applicator

that applies extreme performance coatings;

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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(4) 3.0 pounds of volatile organic compounds per gallon of coating,

excluding water and exempt compounds, delivered to a coating applicator

that applies coatings of five or more color changes or of five or more

colors or applies the coating that is the first coat on untreated ferrous

substrate; or

(5) where there are less than five color changes and less than five colors are

applied:

(A) 0.4 pounds of volatile organic compounds per gallon of coating,

excluding water and exempt compounds, delivered to a coating

applicator that applies powder coatings; or

(B) 3.0 pounds of volatile organic compounds per gallon, excluding

water and exempt solvents, delivered to a coating applicator for any

other type of coating.

Whenever more than one of the aforementioned emission limitations may apply to

a process, then the least stringent emission limitation shall apply to the process.

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

Eff. July 1, 1980;

Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989;

January 1, 1985.

.0935 FACTORY SURFACE COATING OF FLAT WOOD PANELING

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

(1) "Class II hardboard paneling finishes" means finishes which meet the

specifications of Voluntary Product Standard PS-59-73 as approved by

the American National Standards Institute.

(2) "Hardboard" is a panel manufactured primarily from inter-felted

lignocellulosic fibers which are consolidated under heat and pressure in a

hot-press.

(3) "Hardwood plywood" means plywood whose surface layer is a veneer of

hardwood.

(4) "Natural finish hardwood plywood panel" means a panel whose original

grain pattern is enhanced by essentially transparent finishes frequently

supplemented by fillers and toners.

(5) "Particle board" means a manufactured board made of individual wood

particles which have been coated with a binder and formed into flat

sheets by pressure. Thin particleboard has a thickness of one-fourth inch

or less.

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(6) "Printed panel" means a panel whose grain or natural surface is obscured

by fillers and basecoats upon which a simulated grain or decorative

pattern is printed.

(7) "Tileboard" means paneling that has a colored waterproof surface

coating.

(b) This Rule applies to factory finishing of the following flat wood products:

(1) printed interior wall panels made of hardwood plywood and thin

particleboard;

(2) natural finish hardwood plywood panels; and

(3) class II finishes of hardboard paneling.

(c) This Rule does not apply to the following factory finished flat wood

products:

(1) exterior siding,

(2) tileboard,

(3) particleboard used in cabinetry or furniture,

(4) insulation board, or

(5) softwood plywood.

(d) Emissions of volatile organic compounds from any factory finished flat

wood product operation subject to this Rule shall not exceed:

(1) 6.0 pounds of volatile organic compounds per 1,000 square feet of coated

finished product of printed interior wall panels made of hardwood

plywood and thin particle board, or

(2) 12.0 pounds of volatile organic compounds per 1,000 square feet of

coated finished product of natural finish hardwood plywood panels, or

(3) 10.0 pounds of volatile organic compounds per 1,000 square feet of

coated finished product of class II finishes on hardboard panelling.

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

Eff. July 1, 1980;

Amended Eff. July 1, 1996; December 1, 1989; January 1, 1985.

.0936 GRAPHIC ARTS

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

(1) "Flexographic printing" means the application of words, designs and

pictures to a substrate by means of a roll printing technique in which both

the pattern to be applied is raised above the printing roll and the image

carrier is made of rubber or other elastometric materials.

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(2) "Packaging rotogravure printing" means printing with a gravure press

upon paper, paper board, metal foil, plastic film, and other substrates,

which are, in subsequent operation, formed into containers and labels for

articles to be sold.

(3) "Printing" means the formation of words, designs and pictures, usually by

a series of application rolls each with only partial coverage.

(4) "Publication rotogravure printing" means printing upon paper which is

subsequently formed into books, magazines, catalogues, brochures,

directories, newspaper supplements, and other types of printed materials.

(5) "Roll printing" means the application of words, designs and pictures to a

substrate by means of hard rubber or steel rolls.

(b) This Rule applies to:

(1) flexographic printing, packaging rotogravure printing and publication

rotogravure printing operations; or

(2) machines that have both coating units and printing units.

(c) This Rule does not apply to facilities where the potential emissions of

volatile organic compounds is less than 100 tons per year.

(d) Emissions of volatile organic compounds from any printing press or drying

oven of a printing operation subject to this Rule shall not be discharged into the

atmosphere unless:

(1) The captured volatile organic compound emissions are reduced by at least

90 percent by an incineration system or 95 percent by a carbon adsorption

system or any other control system; and:

(A) For packaging rotogravure printing operations, at least 65 percent

overall reduction of the volatile organic compound emissions is

achieved;

(B) For publication rotogravure printing operations at least 75 percent

overall reduction of the volatile organic compound emissions is

achieved; and

(C) For flexographic printing operations, at least 60 percent overall

reduction of the volatile organic compound emissions is achieved;

(2) The solvent portion of the ink, as it is applied on the substrate, consists of

at least 75 percent water by volume and no more than 25 percent organic

solvent by volume;

(3) The ink contains by volume at least 60 percent nonvolatile material;

(4) The printing system uses a combination of solvent-borne and water-borne

ink such that at least a 70 percent by volume overall reduction in solvent

usage is achieved when compared to all solvent-borne ink usage, or

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(5) The ink, including any solvents that may be added to it, contains no more

than 0.5 pounds of volatile organic compounds per pound of solids in the

ink; only flexographic printing and packaging rotogravure printing may

use this option.

(e) When a facility complies with this Rule using the provision of

Subparagraph (d) (4) of this Rule, the permit shall contain a condition stating the

maximum quantity of solvent-borne ink that each printing unit may use or that the

facility as a whole may use.

(f) Equivalency calculations for emissions trading, cross-line averaging, or

determining compliance with add-on control equipment shall be performed in

units of pounds of volatile organic compounds per gallon of solids.

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

Eff. July 1, 1980;

Amended Eff. December 1, 1993; December 1,1989; January 1,

1985; June 1, 1981.

.0937 MANUFACTURE OF PNEUMATIC RUBBER TIRES

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

(1) "Bead dipping" means the dipping of an assembled tire bead into a

solvent based cement.

(2) "Green tires" means assembled tires before molding and curing have

occurred.

(3) "Green tire spraying" means the spraying of green tires, both inside and

outside, with release compounds which help remove air from the tire

during molding and prevent the tire from sticking to the mold after

curing.

(4) "Pneumatic rubber tire manufacture" means the production of passenger

car tires, light and medium truck tires, and other tires manufactured on

assembly lines.

(5) "Tread end cementing" means the application of a solvent based cement

to the tire tread ends.

 (6) "Undertread cementing" means the application of a solvent based cement

to the underside of a tire tread.

(b) This Rule applies to undertread cementing, tread end cementing, bead

dipping, and green tire spraying operations of pneumatic rubber tire

manufacturing.

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(c) With the exception stated in Paragraph (d) of this Rule, emissions of volatile

organic compounds from any pneumatic rubber tire manufacturing plant shall not

exceed:

(1) 25 grams of volatile organic compounds per tire from each undertread

cementing operation,

(2) 4.0 grams of volatile organic compounds per tire from each tread end

cementing operation,

(3) 1.9 grams of volatile organic compounds per tire from each bead dipping

operation, or

(4) 24 grams of volatile organic compounds per tire from each green tire

spraying operation.

(d) If the total volatile organic compound emissions from all undertread

cementing, tread end cementing, bead dipping, and green tire spraying operations

at a pneumatic rubber tire manufacturing facility does not exceed 50 grams per

tire, Paragraph (c) of this Rule shall not apply.

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

Eff. July 1, 1980;

Amended Eff. July 1, 1996; December 1, 1989; January 1, 1985.

.0938 PERCHLOROETHYLENE DRY CLEANING SYSTEM

(REPEALED)

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

Eff. July 1, 1980;

Amended Eff. December 1, 1989; January 1, 1985;

Repealed Eff. July 1, 1998.

[pages 56 thru 58 reserved]

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.0939 DETERMINATION OF VOLATILE ORGANIC COMPOUND

 EMISSIONS

(a) Where the test methods are applicable, the owner or operator of a source of

volatile organic compounds shall, in accordance with Regulation .0912 of this

Section, use one of the following test methods to determine compliance with the

regulations of this Section:

(1) Method 25 of Appendix A of 40 CFR Part 60,

(2) Method 25A of Appendix A of 40 CFR Part 60, or

(3) Method 25B of Appendix A of 40 CFR Part 60.

The results of the tests shall be expressed in the same units as the emission limits

given in the regulation for which compliance is being determined. Method 1 of

Appendix A of 40 CFR Part 60 shall be used to determine sample and velocity

traverses. Method 2 of Appendix A of 40 CFR Part 60 shall be used to determine

stack gas velocity and volumetric flow rate.

(b) Method 21 of Appendix A of 40 CFR Part 60 shall be used, in accordance

with Regulation .0912 of this Section, to determine leaks of volatile organic

compounds from organic process equipment. These sources include valves,

flanges and other connections, pumps and compressors, pressure relief devices,

process drains, open-ended valves, pump and compressor seal system degassing

vents, accumulator vessel vents, access door seals, and agitator seals.

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

Eff. July 1, 1980;

Amended Eff. July 1, 1988; May 1, 1985; December 1,1984.

.0940 DETERMINATION OF LEAK TIGHTNESS AND VAPOR LEAKS

(a) In accordance with Regulation .0912 of this Section, one of the following

test methods from the EPA document "Control of Volatile Organic Compound

Leaks from Gasoline Tank Trucks and Vapor Collection System," EPA-450/2-

78-051, published by the U.S. Environmental Protection Agency, December

1978, shall be used to determine compliance with Regulation .0932 of this

Section:

(1) The gasoline vapor leakdetection procedure by combustible gas detector

described in Appendix B of EPA-450/2-78-051 shall be used to

determine leakage from gasoline truck tanks and vapor control systems.

(2) The leak detection procedure for bottom-loaded truck tanks by bag

capture method described in Appendix C of EPA-450/2-78-051 shall be

used to determine the leak tightness of truck tanks during bottom-loading.

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The pressure-vacuum test procedures for leak tightness of truck tanks

described in Method 27 of Appendix A of 40 CFR Part 60 shall be used

to determined the leak tightness of gasoline truck tanks in use and

equipped with vapor collection equipment. Techniques other than

specified in Method 27 of Appendix A of 40 CFR Part 60 may be used for

purging and pressurizing the truck tank, if the techniques are approved

by the director.

(b) The test method described in Regulation .0941 of this Section may be

used instead of the test methods described in Subparagraph (a) (2) of this

Regulation or Method 27 of Appendix A of 40 CFR Part 60.

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

Eff. July 1, 1980;

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

.0941 ALTERNATIVE METHOD FOR LEAK TIGHTNESS

 (a) This test method may be used, in accordance with Regulation .0912

of this Section, as an alternative to the test method described in Regulation

.0940 of this Section.

 (b) Principle. Pressure and vacuum are applied to the

compartment of gasoline truck tanks, and the change in

pressure/vacuum is recorded after a specified period of time. Water is used

instead of air to create the pressure and vacuum. The water test method does

not require that the truck tank be gas-free.

 (c) Applicability. This method is applicable to determine the leak tightness of

gasoline truck tanks in use and equipped with vapor collection equipment.

 (d) Apparatus. The following equipment is required to conduct the test:

 (1) a pressure/vacuum gauge (Dwyer Magnehelic pressure/vacuum

 gauge, Model No. 2030 or equivalent) calibrated in 0 to 30

 inches of water or a water manometer capable of measuring at

 least 25 inches of water gauge;

 (2) a locally fabricated water hose coupler which mates

 with the A.P.I. bottom loading adaptor on the truck

 tank;

 (3) an appropriate length water hose with shutoff cock to

 connect to a water supply source;

 (4) a check valve to prevent water from flowing back into the

 water supply;

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S 32

 (5) a mixture of soap and water and a two inch paint brush;

 and

 (6) a Son-Testor ultrasonic air leak detector, Model No. 110, or

 equivalent.

 (e) Test Preparation

 (1) The unit to be tested is properly parked and chocked.

 The unit is parked as close as practical to the water

 supply locations.

 (2) All compartments, discharge lines, and vapor return

 lines are visually inspected to ascertain that all are

 completely drained.

 (3) All dome cover, inspection hatches, vapor recovery

 connections and bottom loading valves are visually

 inspected to ascertain that all are fully closed.

 (4) At the rear of one of the overturn rails, the pipe plug

 is removed from the pipe coupling provided for degasing

 operations. The piping containing the pressure/vacuum

 gauge is installed into the coupling.

 (5) The water supply hose with check valve is connected to any one

 compartment bottom loading adaptor.

 (6) All compartment emergency valves and positive vents are

 opened in the normal manner. This condition permits

 all compartments to vent into the common vapor recovery

 system; therefore, only one test is required for the

 entire tank.

 (f) Pressure Test

 (1) The test is begun by flowing water into the compartment. The

 pressure gauge is monitored.

 (2) When the pressure gauge indicates 18 inches of water in

 the tank, the water flow is shut off. When a water manometer

 is used, this reading is nine inches above and nine inches

 below the zero indicator.

 (3) The gauge is monitored for five minutes. If the

 pressure gauge does not drop below an indicated 15 inches of

 water in these five minutes, the tank passes the pressure

 test. If the pressure does drop below an indicated 15 inches

 of water in five minutes, the tank does not pass the pressure

 test and the leak source must be determined. The soap and

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 water method and a sonic leak detector are to be used to

 locate the source of leak or leaks. After correcting the

 leaks, the pressure test must be rerun to certify compliance.

 (4) After compliance has been accomplished, one dome cover

 is carefully opened to depressurize the tank and is

 then re-closed.

 (g) Vacuum Test

 (1) The water hose is removed, and water is drained from

 the compartment until a vacuum of six inches of water

 is registered on the gauge. The flow of water is

 stopped by closing the bottom loading valve.

 (2) The gauge is monitored for five minutes. If the vacuum

 does drop below an indicated three inches of water in the five

 minutes, the tank does not pass the vacuum test, and the leak

 source must be determined. The soap and water method and a

 sonic leak detector are to be used to locate the source of

 leak or leaks. After the leaks are corrected, the vacuum test

 must be rerun to certify compliance.

 (3) After compliance has been accomplished, the compartment

 dome cover is opened; and all water is drained from

 compartment, line, and bottom loading valve.

 (h) Conclusion of Test

 (1) The test results are recorded and retained in the

 vehicle test file.

 (2) The pressure/vacuum gauge is removed, and the plug is

 re-installed in the rail. The water hose coupler is removed.

 (3) The tank unit is returned to service.

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

Eff. July 1, 1980;

Amended Eff. December 1, 1989.

.0942 DETERMINATION OF SOLVENT IN FILTER WASTE

This Regulation applies, in accordance with Regulation .0912 of this Section,

to the determination of the amount of solvent in filter materials (muck and

distillation waste). To be derived is the quantity of volatile organic

compounds per quantity of discarded filter muck. The procedure to be used in

making this determination is the test method described by the American

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National Standards Institute’s "Standard Method of Test for Dilution of

Gasoline-Engine Crankcase Oils" (ASTM 322-67 or IP 23/68) except that filter

muck is to be used instead of crankcase oil.

History Note: Statutory Authority G.S. 143-215.3(a)(1); 143-215.68; 143-

215.107(a)(5);

Eff. July 1, 1980.

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S 34 D-900-63

.0943 SYNTHETIC ORGANIC CHEMICAL AND POLYMER

MANUFACTURING

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

(1) "Closed vent system" means a system which is not open to the

atmosphere and which is composed of piping, connections, and if

necessary, flow inducing devices that transport gas or vapor from a

fugitive emission source to an enclosed combustion device or vapor

recovery system.

(2) "Enclosed combustion device" means any combustion device which is

not open to the atmosphere such as a process heater or furnace, but not a

flare.

(3) "Fugitive emission source" means each pump, valve, safety/relief valve,

open-ended valve, flange or other connector, compressor, or sampling

system.

(4) "In gas vapor service" means that the fugitive emission source contains

process fluid that is in the gaseous state at operating conditions.

(5) "In light liquid service" means that the fugitive emission source contains

a liquid having:

(A) a vapor pressure of one or more of the components greater than 0.3

kilopascals at 20 C, and o

(B) a total concentration of the pure components having a vapor

pressure greater than 0.3 kilopascals at 20 C equal to or greater o

than 10 percent by weight, and the fluid is a liquid at operating

conditions.

(6) "Open-ended valve" means any valve, except safety/relief valves, with

one side of the valve seat in contact with process fluid and one side that is

open to the atmosphere, either directly or through open piping.

(7) "Polymer manufacturing" means the industry that produces, as

intermediates or final products, polyethylene, polypropylene, or

polystyrene.

(8) "Process unit" means equipment assembled to produce, as intermediates

or final products, polyethlene, polypropylene, polystyrene, or one or

more of the chemicals listed in 40 CFR 60.489. A process unit can

operate independently if supplied with sufficient feed or raw materials

and sufficient storage facilities for the final product.

(9) "Quarter" means a three month period. The first quarter concludes at the

end of the last full month during the 180 days following initial start-up.

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S 34 D-900-64

(10) "Synthetic organic chemical manufacturing" means the industry that

produces, as intermediates or final products, one or more of the chemicals

listed in 40 CFR 60.489.

(b) This regulation applies to synthetic organic chemicals manufacturing

facilities and polymer manufacturing facilities.

(c) The owner or operator of a synthetic organic chemical manufacturing

facility or a polymer manufacturing facility shall not cause, allow or permit:

(1) any liquid leakage of volatile organic compounds or

(2) any gaseous leakage of volatile organic compound of 10,000 ppm or

greater from any fugitive emission source.

The owner or operator of these facilities shall control emissions of volatile organic

compounds from open-ended valves as described in Paragraph (f) of this

Regulation.

(d) The owner or operator shall visually inspect each week every pump in light

liquid service. If there are indications of liquid leakage, the owner or operator

shall repair the pump within 15 days after detection except as provided in

Paragraph (k) of this Regulation.

(e) The owner or operator shall monitor each pump, valve, compressor and

safety/relief valve in gas/vapor service or in light liquid service for gaseous leaks

at least once each quarter. The owner or operator shall monitor safety/relief

valves after each overpressure relief to ensure the valve has properly reseated.

The monitoring procedure shall be in accordance with Regulation .0939 of this

Section. If a volatile organic compound concentration of 10,000 ppm or greater is

measured, the owner or operator shall repair the component within 15 days after

detection except as provided in Paragraph (k) of this Regulation. Exceptions to

the quarterly monitoring frequency are provided for in Paragraphs (h), (i) and (j)

of this Regulation.

(f) The owner or operator shall install on each open-ended valve:

(1) a cap,

(2) a blind flange,

(3) a plug, or

(4) a second closed valve,

which shall remained attached to seal the open end at all times except during

operations requiring process fluid flow through the opened line.

(g) If any fugitive emission source appears to be leaking on the basis of sight,

smell, or sound, it shall be repaired within 15 days after detection except as

provided in Paragraph (k) of this Regulation.

(h) If after four consecutive quarters of monitoring no more than two percent of

the valves in gas/vapor service or in light liquid service are found leaking more

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S 34 D-900-65

than 10,000 ppm of volatile organic compounds, then the owner or operator may

monitor valves for gaseous leaks only every third quarter. If the number of these

valves leaking more than 10,000 ppm of volatile organic compounds remains at or

below two percent, these valves need only be monitored for gaseous leaks every

third quarter. However, if more than two percent of these valves are found

leaking more than 10,000 ppm of volatile organic compounds, they shall be

monitored every quarter until four consecutive quarters are monitored which have

no more than two percent of these valves leaking more than 10,000 ppm of

volatile organic compounds.

(i) When a fugitive emission source is unsafe to monitor because of extreme

temperatures, pressures, or other reasons, the owner or operator of the facility

shall be required to monitor the fugitive emission source only when process

conditions are such that the fugitive emission source is not operating under

extreme conditions. The director may allow monitoring of these fugitive emission

sources less frequently than each quarter, provided they are monitored at least

once per year.

(j) Any fugitive emission source more than 12 feet above a permanent support

surface may be monitored only once per year.

(k) The repair of a fugitive emission source may be delayed until the next

turnaround if the repair is technically infeasible without a complete or partial

shutdown of the process unit.

(l) The owner or operator of the facility shall maintain records in accordance

with Regulation .0903 of this Section, which shall include:

(1) identification of the source being inspected or monitored,

(2) dates of inspection or monitoring,

(3) results of inspection or monitoring,

(4) action taken if a leak was detected,

(5) type of repair made and when it was made, and

(6) if the repair were delayed, an explanation as to why.

(m) The Code of Federal Regulations adopted by reference in this Rule shall

automatically include any later amendments thereto as allowed by G.S. 150B14(c).

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

150B-14(c);

Eff. May 1, 1985;

Amended Eff. March 1, 1991; December 1, 1989.

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S 34 D-900-66

.0944 MANUFACTURE OF POLYETHYLENE, POLYPROPYLENE

AND POLYSTYRENE

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

(1) "By-product and diluent recovery operation" means the process that

separates the diluent from the by-product (atactic) and purifies and dries

the diluent for recycle.

(2) "Continuous mixer" means the process that mixes polymer with antioxidants.

(3) "Decanter" means the process that separates the diluent/crude product

slurry from the alcohol-water solution by decantation.

(4) "Ethylene recycle treater" means the process that removes water and

other impurities from the recovered ethylene.

(5) "High-density polyethylene plants using liquid phase slurry processes"

means plants that produce high-density polyethylene in which the

product, polyethylene, is carried as a slurry in a continuous stream of

process diluent, usually pentane or isobutane.

(6) "Neutralizer" means the process that removes catalyst residue from the

diluent/crude product slurry.

(7) "Polypropylene plants using liquid phase processes" means plants that

produce polypropylene in which the product, polypropylene, is carried as

a slurry in a continuous stream of process diluent, usually hexane.

(8) "Polystyrene plants using continuous processes" means plants which

produce polystyrene in which the product, polystyrene, is transferred in a

continuous stream in a molten state.

(9) "Product devolatilizer system" means the process that separates unreacted

styrene monomer and by products from the polymer melt.

(10) "Reactor" means the process in which the polymerization takes place.

(b) This Regulation applies to:

(1) polypropylene plants using liquid phase processes,

(2) high-density polyethylene plants using liquid phase slurry processes, and

(3) polystyrene plants using continuous processes.

(c) For polypropylene plants subject to this regulation, the emissions of volatile

organic compounds shall be reduce by 98 percent by weight or to 20 ppm,

whichever is less stringent, from:

(1) reactor vents,

(2) decanter vents,

(3) neutralizer vents,

(4) by-product and diluent recovery operation vents,

(5) dryer vents, and

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 99 

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June 15, 2007
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S 34 D-900-67

(6) extrusion and pelletizing vents.

(d) For high-density polyethylene plants subject to this regulation, the

emissions of volatile organic compounds shall be reduced by 98 percent by

weight or to 20 ppm, whichever is less stringent, from:

(1) ethylene recycle treater vents,

(2) dryer vents, and

(3) continuous mixer vents.

(e) For polystyrene plants subject to this regulation, the emissions of volatile

organic compounds shall not exceed 0.24 pounds per ton of product from the

product devolatilizer system.

(f) If flares are used to comply with this Regulation all of the following

conditions shall be met:

(1) Visible emissions shall not exceed five minutes in any two-hour period.

(2) A flame shall be present.

(3) If the flame is steam-assisted or air-assisted, the net heating value shall be

at least 300 BTU per standard cubic foot. If the flame is non-assisted, the

net heating value shall be at least 200 BTU per standard cubic foot.

(4) If the flare is steam-assisted or non-assisted, the exit velocity shall be no

more than 60 feet per second. If the flare is air-assisted, the exit velocity

shall be no more than (8.706 + 0.7084 HT) feet per second, where HT is

the net heating value.

A flare that meets the conditions given in Subparagraphs (1) through (4) of this

Paragraph are presumed to achieve 98 percent destruction of volatile organic

compounds by weight. If the owner or operator of the source chooses to use a

flare that fails to meet one or more of these conditions, he shall demonstrate to the

director that the flare shall destroy at least 98 percent of the volatile organic

compounds by weight. To determine if the specifications for the flare are being

met, the owner or operator of a source using the flare to control volatile organic

compound emissions shall install, operate, and maintain necessary monitoring

instruments and shall keep necessary records as required by Regulation .0903 of

this Section.

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

Eff. May 1, 1985.

.0945 PETROLEUM DRY CLEANING

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

(1) "Cartridge filter" means perforated cannisters containing filtration paper

and/or activated carbon that are used in a pressurized system to remove

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 100 

 Appendix M 

June 15, 2007
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S 34 D-900-68

solid particles and fugitive dyes from soil-laden solvent, together with the

piping and ductwork used in the installation of this device.

(2) "Containers and conveyors of solvent" means piping, ductwork, pumps,

storage tanks, and other ancillary equipment that are associated with the

installation and operation of washers, dryers, filters, stills, and settling

tanks.

(3) "Dry cleaning" means a process for the cleaning of textiles and fabric

products in which articles are washed in a nonaqueous solution (solvent)

and then dried by exposure to a heated air stream.

(4) "Dryer" means a machine used to remove petroleum solvent from articles

of clothing or other textile or leather goods, after washing and removing

of excess petroleum solvent, together with the piping and ductwork used

in the installation of this device.

(5) "Perceptible leaks" means any petroleum solvent vapor or liquid leaks

that are conspicuous from visual observation or that bubble after

application of a soap solution, such as pools or droplets of liquid, open

containers of solvent, or solvent laden waste standing open to the

atmosphere.

(6) "Petroleum solvent" means organic material produced by petroleum

distillation comprising a hydrocarbon range of eight to 12 carbon atoms

per organic molecule that exists as a liquid under standard conditions.

(7) "Petroleum solvent dry cleaning" means a dry cleaning facility that uses

petroleum solvent in a combination of washers, dryers, filters, stills, and

settling tanks.

(8) "Settling tank" means a container which gravimetrically separates oils,

grease, and dirt from petroleum solvent, together with the piping and

ductwork used in the installation of the device.

(9) "Solvent filter" means a discrete solvent filter unit containing a porous

medium which traps and removes contaminants from petroleum solvent,

together with the piping and ductwork used in the installation of this

device.

(10) "Solvent recovery dryer" means a class of dry cleaning dryers that

employs a condenser to condense and recover solvent vapors evaporated

in a closed-loop stream of heated air, together with the piping and

ductwork used in the installation of this device.

(11) "Still" means a device used to volatilize, separate, and recover petroleum

solvent from contaminated solvent, together with the piping and

ductwork used in the installation of this device.

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 101 

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June 15, 2007
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S 34 D-900-69

(12) "Washer" means a machine which agitates fabric articles in a petroleum

solvent bath and spins the articles to remove the solvent, together with

the piping and ductwork used in the installation of this device.

(b) This Regulation applies to petroleum solvent washers, dryers, solvent

filters, settling tanks, stills, and other containers and conveyors of petroleum

solvent that are used in petroleum solvent dry cleaning facilities that consume

32,500 gallons or more of petroleum solvent annually.

(c) The owner or operator of a petroleum solvent dry cleaning dryer subject to

this Regulation shall:

(1) limit emissions of volatile organic compounds to the atmosphere to an

average of 3.5 pounds of volatile organic compounds per 100 pounds dry

weight of articles dry cleaned, or

(2) install and operate a solvent recovery dryer in a manner such that the

dryer remains closed and the recovery phase continues until a final

recovered solvent flow rate of 50 milliliters per minute is attained.

(d) The owner or operator of a petroleum solvent filter subject to this

Regulation shall:

(1) reduce the volatile organic compound content in all filter wastes to 1.0

pound or less per 100 pounds dry weight of articles dry cleaned, before

disposal and exposure to the atmosphere, or

(2) install and operate a cartridge filter and drain the filter cartridges in their

sealed housings for 8 hours or more before their removal.

(e) The owner or operator of a petroleum solvent dry cleaning facility subject to

this Regulation shall inspect the facility every 15 days and shall repair all

perceptible leaks within 15 working days after identifying the sources of the leaks.

If necessary repair parts are not on hand, the owner or operator shall order these

parts withing 15 working days and repair the leaks no later than 15 working days

following the arrival of the necessary parts. The owner or operator shall maintain

records, in accordance with Regulation .0903 of this Section, of when inspections

were made, what was inspected, leaks found, repairs made and when repairs were

made.

(f) To determine compliance with Subparagraph (c)(1) of this Regulation, the

owner or operator shall use the test method in Regulation .0939(a)(2) of this

Section and shall:

(1) field calibrate the flame ionization analyzer with propane standards;

(2) determine in a laboratory the ratio of the flame ionization analyzer

response to a given parts per million by volume concentration of propone

to the response to the same parts per million concentration of the volatile

organic compounds to be measured;

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 102 

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June 15, 2007
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S 34 D-900-70

(3) determine the weight of volatile organic compounds vented to the

atmosphere by:

(A) multiplying the ratio determined in Subparagraph (2) of this

Paragraph by the measured concentration of volatile organic

compound gas (as propane) as indicated by the flame ionization

analyzer response output record,

(B) converting the parts per million by volume value calculated in Part

(A) of this Subparagraph into a mass concentration value for the

volatile organic compounds present, and

(C) multiplying the mass concentration value calculated in Part(B) of

this Subparagraph by the exhaust flow rate; and

(4) Calculate and record the dry weight of articles dry cleaned. The test shall

be repeated for normal operating conditions that encompass at least 30

dryer loads that total not less than 4,000 pounds dry weight and that

represent a normal range of variation in fabrics, solvents, load weights,

temperatures, flow rates, and process deviations.

(g) To determine compliance with Subparagraph(c)(2) of this Regulation, the

owner or operator shall verify that the flow rate of recovered solvent from the

solvent recovery dryer at the termination of the recovery phase is no greater than

50 milliliters per minute. This one-time procedure shall be conducted for a

duration of not less than two weeks during which not less than 50 percent of the

dryer loads shall be monitored for their final recovered solvent flow rate. The

suggested point for measuring the flow rate of recovered solvent is from the

solvent-water separator. Near the end of the recovery cycle, the flow of recovered

solvent is to be diverted to a graduated cylinder. The cycle continues until the

minimum flow of solvent is 50 milliliters per minute. The type of articles cleaned

and the total length of the cycle is then recorded.

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

Eff. May 1, 1985.

.0946 COMPLIANCE SCHEDULE: GASOLINE HANDLING

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

Eff. May 1, 1990;

Repealed Eff. April 1, 1997.

[pages 71 and 72 reserved]

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 103 

 Appendix M 

June 15, 2007
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S 42 

15A NCAC 2D .0947 MANUFACTURE OF SYNTHESIZED 

PHARMACEUTICAL PRODUCTS

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

 (1) "Production equipment exhaust system" means a device for 

collecting and directing out of the work area fugitive 

emissions of volatile organic compounds from reactor 

openings, centrifuge openings, and other vessel openings for 

the purpose of protecting workers from excessive exposure to 

volatile organic compounds. 

 (2) "Synthesized pharmaceutical manufacturing" means 

manufacture of pharmaceutical products by chemical 

synthesis. 

(b) This Rule applies to synthesized pharmaceutical products 

manufacturing facilities. 

(c) The owner or operator of a synthesized pharmaceutical products 

manufacturing facility shall control the emissions of volatile organic 

compounds from: 

 (1) reactors, distillation operations, crystallizers, centrifuges, 

and vacuum dryers that have the potential to emit 15 pounds 

per day or more of volatile organic compounds with surface 

condensers that meet the requirements of Paragraph (e) of 

this Rule or equivalent controls; 

 (2) air dryers and production equipment exhaust system by 

reducing emissions of volatile organic compounds: 

 (A) by 90 percent if they are 330 pounds per day or more; 

or 

 (B) to 33 pounds per day if they are less than 330 pounds 

per day. 

 (3) storage tanks by: 

 (A) providing a vapor balance system or equivalent 

control that is at least 90 percent effective in reducing 

emissions from truck or railcar deliveries to storage 

tanks with capacities greater than 2,000 gallons that 

store volatile organic compounds with a vapor 

pressure greater than 4.1 pounds per square inch at 

68E F; and 

 (B) installing pressure/vacuum conservation vents, which 

shall be set " 0.8 inches of water unless a more 

effective control system is used, on all storage tanks 

that store volatile organic compounds with a vapor 

pressure greater than 1.5 pounds per square inch at 

68EF; 

 (4) centrifuges containing volatile organic compounds, rotary 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 104 

 Appendix M 

June 15, 2007
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S 42 

vacuum filters processing liquid containing volatile organic 

compounds, and other filters having an exposed liquid 

surface where the liquid contains volatile organic compounds 

by enclosing those centrifuges and filters that contain or 

process volatile organic compounds with a vapor pressure of 

0.5 pounds per square inch or more at 68EF; and 

 (5) in-process tanks by installing covers, which shall remain 

closed except when production, sampling, maintenance, or 

inspection procedures require operator access. 

(d) The owner or operator of a synthesized pharmaceutical products 

manufacturing facility shall repair as expeditiously as possible all leaks 

from which liquid volatile organic compounds can be seen running or 

dripping. This repair must take place at least within 15 days after which 

said leak is discovered unless the leaking component cannot be repaired 

before the process is shutdown in which case the leaking component must 

be repaired before the process is restarted. 

(e) If surface condensers are used to comply with Subparagraph (c)(1) of 

this Rule, the condenser outlet temperature shall not exceed: 

 (1) -13EF when condensing volatile organic compounds of vapor 

pressure greater than 5.8 psi at 68oF; 

 (2) 5EF when condensing volatile organic compounds of vapor 

pressure greater than 2.9 psi at 68oF; 

 (3) 32EF when condensing volatile organic compounds of vapor 

pressure greater than 1.5 psi at 68oF; 

 (4) 50EF when condensing volatile organic compounds of vapor 

pressure greater than 1.0 psi at 68oF; or 

 (5) 77EF when condensing volatile organic compounds of vapor 

pressure greater than 0.5 psi at 68oF. 

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

 Eff. July 1, 1994.

15A NCAC 2D .0948 VOC EMISSIONS FROM TRANSFER 

OPERATIONS

(a) This Rule applies to operations that transfer volatile organic 

compounds from a storage tank to tank-trucks, trailers, or railroad tank 

cars that are not covered by Rule .0926, .0927, or .0928 of this Section. 

(b) The owner or operator of a facility to which this Rule applies shall not 

load in any one day more than 20,000 gallons of volatile organic 

compounds with a vapor pressure of 1.5 pounds per square inch or greater 

under actual conditions into any tank-truck, trailer, or railroad tank car 

from any loading operation unless the loading operation uses submerged 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 105 

 Appendix M 

June 15, 2007
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S 42 

loading through boom loaders that extend down into the compartment 

being loaded or by other methods that are at least as efficient based on 

source testing or engineering calculations. 

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

 Eff. July 1, 1994; 

 Amended Eff. July 1, 2000.

15A NCAC 2D .0949 STORAGE OF MISCELLANEOUS 

VOLATILE ORGANIC COMPOUNDS

(a) This Rule applies to the storage of volatile organic compounds in 

stationary tanks, reservoirs, or other containers with a capacity greater 

than 50,000 gallons that are not covered by Rule .0925 or .0933. 

(b) The owner or operator of any source to which this Rule applies shall 

not place, store, or hold in any stationary tank, reservoir, or other 

container with a capacity greater than 50,000 gallons, any liquid volatile 

organic compound that has a vapor pressure of 1.5 pounds per square inch 

absolute or greater under actual storage conditions unless such tank, 

reservoir, or other container: 

 (1) is a pressure tank capable of maintaining working pressures 

sufficient at all times to prevent vapor gas loss into the 

atmosphere; or 

 (2) is designed and equipped with one of the following vapor 

loss control devices: 

 (A) a floating pontoon, double deck type floating roof or 

internal pan type floating roof equipped with closure 

seals to enclose any space between the cover's edge 

and compartment wall; this control equipment shall 

not be permitted for volatile organic compounds with 

a vapor pressure of 11.0 pounds per square inch 

absolute or greater under actual storage conditions; 

all tank gauging or sampling devices shall be gas-tight 

except when tank gauging or sampling is taking place; 

 (B) a vapor recovery system or other equipment or means 

of air pollution control that reduces the emission of 

organic materials into the atmosphere by at least 90 

percent by weight; all tank gauging or sampling 

devices shall be gas-tight except when tank gauging or 

sampling is taking place. 

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

 Eff. July 1, 1994; 

 Amended Eff. July 1, 2000. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 106 

 Appendix M 

June 15, 2007
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S 42 

15A NCAC 2D .0950 INTERIM STANDARDS FOR CERTAIN 

SOURCE CATEGORIES (REPEALED)

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

 Eff. July 1, 1994; 

 Amended Eff. May 1, 1995; 

 Repealed Eff. July 1, 2000.

15A NCAC 2D .0951 MISCELLANEOUS VOLATILE ORGANIC 

COMPOUND EMISSIONS

(a) With the exceptions in Paragraph (b) of this Rule, this Rule applies to 

all facilities that use volatile organic compounds as solvents, carriers, 

material processing media, or industrial chemical reactants, or in other 

similar uses or that mix, blend, or manufacture volatile organic 

compounds for which there is no other applicable emissions control rule in 

this Section except Rule .0958 of this Section. 

(b) This Rule does not apply to architectural or maintenance coating. 

(c) The owner or operator of any facility to which this Rule applies shall: 

(1) install and operate reasonable available control technology; 

or 

 (2) limit emissions of volatile organic compounds from coating 

lines not covered by Rules .0917 through .0924, .0934, or 

.0935 to no more than 6.7 pounds of volatile organic 

compounds per gallon of solids delivered to the coating 

applicator. 

(d) If the owner or operator of a facility chooses to install reasonable 

available control technology under Paragraph (c)(1) of this Rule, the owner 

or operator shall submit: 

(1) the name and location of the facility; 

 (2) information identifying the source for which a reasonable 

available control technology limitation or standard is being 

proposed; 

 (3) a demonstration that shows the proposed reasonable 

available control technology limitation or standard satisfies 

the requirements for reasonable available control 

technology; and 

 (4) a proposal for demonstrating compliance with the proposed 

reasonable control technology limitation or standard. 

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

 Eff. July 1,1994; 

 Amended Eff. July 1, 2000; July 1, 1996.

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 107 

 Appendix M 

June 15, 2007
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S 42 

15A NCAC 2D .0952 PETITION FOR ALTERNATIVE 

CONTROLS FOR RACT

(a) With the exceptions in Paragraph (b) of this Rule, this Rule applies to 

all sources covered under this Section. 

(b) This Rule does not apply to: 

(1) sources in Mecklenburg County to which Rules .0917 

through .0937 of this Section apply and which are located at 

a facility where the total potential emissions of volatile 

organic compounds from all stationary sources at the facility 

 are 100 tons per year or more; 

(2) sources covered under Rule .0953 or .0954 of this Section. 

(c) If the owner or operator of any source of volatile organic compounds 

subject to the requirements of this Section, can demonstrate that 

compliance with rules in this Section would be technologically or 

economically infeasible, he may petition the Director to allow the use of 

alternative operational or equipment controls for the reduction of volatile 

organic compound emissions. Petition shall be made for each source to the 

 Director. 

(d) The petition shall contain: 

(1) the name and address of the company and the name and 

telephone number of a company officer over whose signature 

the petition is submitted; 

(2) a description of all operations conducted at the location to 

which the petition applies and the purpose that the volatile 

organic compound emitting equipment serves within the 

operations; 

(3) reference to the specific operational and equipment controls 

under the rules of this Section for which alternative 

operational or equipment controls are proposed; 

(4) a detailed description of the proposed alternative operational 

or equipment controls, the magnitude of volatile organic 

compound emission reduction that will be achieved, and the 

quantity and composition of volatile organic compounds 

that will be emitted if the alternative operational or 

equipment controls are instituted; 

(5) a plan, which will be instituted in addition to the proposed 

alternative operational or equipment controls, to reduce, 

where technologically and economically feasible, volatile 

organic compound emissions from other source operations 

at the facility, further than that required under the rules of 

this Section, if these sources exist at the facility, such that 

aggregate volatile organic compound emissions from the 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 108 

 Appendix M 

June 15, 2007
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S 42 

facility will in no case be greater through application of the 

alternative control than would be allowed through 

conformance with the rules of this Section; 

(6) a schedule for the installation or institution of the alternative 

operational or equipment controls in conformance with Rule 

. .0909 of this Section, as applicable; and 

(7) certification that emissions of all other air contaminants 

from the subject source are in compliance with all applicable 

local, state and federal laws and regulations. 

The petition may include a copy of the permit application and need not 

duplicate information in the permit application. 

(e) The Director shall approve a petition for alternative control if: 

(1) The petition is submitted in accordance with Paragraph (d) 

of this Rule; 

(2) The Director determines that the petitioner cannot comply 

with the rules in question because of technological or 

economical infeasibility 

(3) All other air contaminant emissions from the facility are in 

compliance with, or under a schedule for compliance as 

expeditiously as practicable with, all applicable local, state, 

and federal regulations; and 

(4) The petition contains a schedule for achieving and 

maintaining reduction of volatile organic compound 

emissions to the maximum extent feasible and as 

expeditiously as practicable. 

(f) When controls different from those specified in the appropriate 

emission standards in this Section are approved by the Director, the 

permit shall contain a condition stating such controls. 

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

215.107(a)(5); 

 Eff. July 1, 1994; 

Amended Eff. April 1, 2003; July 1, 1995; May 1, 1995.

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 109 

 Appendix M 

June 15, 2007
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S 42 

 [pages 80 to 82 reserved] 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 110 

 Appendix M 

June 15, 2007
ENR - ENVIRONMENTAL MANAGEMENT 2D .0900 

NORTH CAROLINA ADMINISTRATIVE CODE D-900-83 

S 42 

15A NCAC 2D .0953 VAPOR RETURN PIPING FOR STAGE II 

VAPOR RECOVERY

(a) Applicability. This Rule applies to any facility located in Davidson, 

Durham, Forsyth, Gaston, Guilford, Mecklenburg, or Wake counties or the 

Dutchville Township in Granville county or that portion of Davie County 

that is bounded by the Yadkin River, Dutchman's Creek, NC Highway 801, 

Fulton Creek and back to the Yadkin River: 

 (1) that is built after June 30, 1994, or 

 (2) whose tanks are replaced or removed for upgrades or repairs 

after June 30, 1994. 

When a new tank is added, the new tank shall comply with this Rule. 

(b) Exemptions. The burden of proof of eligibility for exemption from this 

Rule is on the owner or operator of the facility. Persons seeking an 

exemption from this Rule shall maintain records of throughput and shall 

furnish these records to the Director upon request. These records shall be 

maintained on file for three years. The following facilities are exempt from 

this Rule based upon the previous two years records: 

(1) any facility that dispenses less than 10,000 gallons of 

gasoline per calendar month; 

 (2) any facility that dispenses less than 50,000 gallons of 

gasoline per calendar month and is an independent small 

business marketer of gasoline; 

 (3) any facility that dispenses gasoline exclusively for refueling 

marine vehicles, aircraft, farm equipment, and emergency 

vehicles; or 

 (4) any tanks used exclusively to test the fuel dispensing meters. 

Any facility that ever exceeds the exemptions given in Subparagraphs (1), 

(2), (3), or (4) of this Paragraph shall be subject to all of the provisions of 

this Rule according to the schedule given in Paragraph (e) of this Rule, and 

shall remain subject to these provisions even if the facility's later operation 

meets the exemption requirements. 

(c) Definitions. For the purpose of this Rule, the following definitions 

apply: 

 (1) "Affected Facility" means any gasoline service station or 

gasoline dispensing facility subject to the requirements of 

this Rule. 

 (2) "CARB" means the California Air Resources Board. 

 (3) "Certified Stage II Vapor Recovery System" means any 

system certified by the California Air Resources Board as 

having a vapor recovery or removal efficiency of at least 95 

percent by weight. 

(4) "Facility" means any gasoline service station or gasoline 

dispensing facility. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 111 

 Appendix M 

June 15, 2007
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S 42 

 (5) "ISBM" means independent small business marketer. 

 (6) "Independent Small Business Marketer of Gasoline" means a 

facility that qualifies under Section 324 of the Federal Clean 

Air Act. 

 (7) "Operator" means any person who leases, operates, controls, 

or supervises a facility at which gasoline is dispensed. 

 (8) "Owner" means any person who has legal or equitable title to 

the gasoline storage tank at a facility. 

 (9) "Stage II Vapor Recovery" means the control of gasoline 

vapor at the vehicle fill-pipe, where the vapors are captured 

and returned to a vapor-tight underground storage tank or 

are captured and destroyed. 

 (10) "Throughput" means the amount of gasoline dispensed at a 

facility during any calendar month. 

 (11) "Vapor Recovery Dispenser Riser" means piping rising from 

the vapor recovery piping to the dispenser. 

 (12) "Vapor Recovery Piping" means vapor return piping 

connecting the storage tank(s) with the vapor recovery 

dispenser riser(s). 

(d) Requirements. Affected facilities shall install the necessary piping for 

future installation of CARB certified Stage II vapor recovery system. The 

vapor piping shall extend from the tanks to the pumps. The vapor piping 

shall be installed in accordance with the following requirements: 

 (1) Gasoline vapors shall be: 

 (A) transferred from each gasoline dispenser to the 

underground storage tank individually, or 

 (B) manifolded through a common header from which a 

single return line is connected through another 

manifold to all of the underground tanks. 

 Each vapor return pipe shall allow the transfer of gasoline 

vapors to the tank from which the liquid gasoline is being 

drawn; 

 (2) Pipe diameter shall meet manufacturer's specifications. If 

the manufacturer does not specify diameters, the following 

minimum pipe diameters apply. If the manufacturer only 

specifies diameters for part of the system, the following 

diameters apply for the pipe(s) not specified. All fittings, 

connectors, and joints shall have an inside diameter equal to 

the inside diameter of the pipe to which it is attached. The 

following diameters are specified for the number of nozzles 

that may be operated at the same time; 

 (A) Vapor Recovery Dispenser Risers 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 112 

 Appendix M 

June 15, 2007
ENR - ENVIRONMENTAL MANAGEMENT 2D .0900 

NORTH CAROLINA ADMINISTRATIVE CODE D-900-85 

S 42 

 (i) Three-fourths of an inch for vapor recovery 

dispenser risers returning vapors from one 

nozzle; or 

 (ii) One inch for vapor recovery dispenser risers 

returning vapors from two nozzles; 

 (B) Vapor Recovery Piping 

 (i) At least two inches for six or fewer nozzles; or 

 (ii) At least three inches for more than six nozzles; 

 (3) All piping and fittings shall be installed in accordance with 

manufacturer's instructions and specifications. Metal pipe 

shall be minimum schedule 40 welded or seamless steel per 

ASTM A-53, "Specification for Pipe, Steel, Black and HotDipped, Zinc-Coated Welded and Seamless Pipe". Fittings 

shall be 150 pounds cold water screwed malleable iron. Pipe 

and fittings shall be galvanized and pipe threads shall be 

zinc-coated. Nonmetallic pipes and fittings shall be U/L 

listed under nonmetallic primary pipes and fittings for 

underground flammable liquids (gas and oil equipment 

directory); 

 (4) Each vapor return pipe shall slope toward the storage tank 

with a minimum grade of 1/8 inches per foot. No low points 

or sags shall exist along the return piping; 

 (5) All vapor return and vent piping shall be provided with 

flexible joints or swing joints at each tank connection and at 

the base of the vent pipe riser where it fastens to a building 

or other structure; 

 (6) All vapor return pipe-trenching shall be compacted to 90 

percent of the standard proctor according to ASTM D-698 

"Laboratory Compaction Characteristics of Soil Using 

Standard Effort" of the area soil before the pipes are installed 

and back-filled with sand or other material approved by the 

pipe manufacturer at least six inches below and above the 

piping; 

 (7) The pipes shall not be driven over or in any other way 

crushed before paving or surfacing; 

 (8) The vapor return piping or manifolded piping on a vacuum 

assisted system shall enter a separate opening to the tank 

from that connected to the vent pipe or the Stage I piping; 

 (9) All vapor return piping shall be tagged at the termination 

point recording the function of the piping. In addition, a 

record of the installation of the Stage II vapor return piping 

shall be kept in the facility; 

Adopted State Measures 

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 (10) Vent piping shall be constructed of materials in accordance 

with Subparagraph (3) of this Paragraph; 

 (11) All vent pipes shall be a minimum of two inches inside 

diameter or meet the local Fire Codes; and 

 (12) All vent pipes shall slope toward the underground storage 

tank with a grade of at least 1/8 inch per linear foot. 

(e) Compliance Schedule. Compliance under Paragraph (d) of this Rule by 

the affected facility shall coincide with the completion of the tank 

installation or repair. The owner of operator of a facility shall notify the 

Director within 60 days after the day the facility has exceeded the 

exemptions under Paragraph (b) of this Rule. Facilities that lose their 

exemption under Paragraph (b) of this Rule shall comply with this Rule 

within 18 months after the day the owner or operator of the facility has 

notified the Director that the facility has exceeded its exemption under 

Paragraph (b) of this Rule. 

(f) Testing Requirements. 

 (1) Within 30 days after installation of the vapor return piping, 

the owner or operator of the facility shall submit reports of 

the following tests to be completed as described in EPA450/3-91-022b: 

 (A) Bay Area Source Test Procedure ST-30, Leak Test 

Procedure, or San Diego Test Procedure TP-91-1, 

Pressure Decay/Leak Test Procedure, and 

 (B) Bay Area Source Test Procedure ST-27, Dynamic Back 

Pressure, or San Diego Test Procedure TP-91-2, 

Pressure Drop vs Flow/Liquid Blockage Test 

Procedure. 

 (2) Testing shall be in accordance with Rule .0912 of this 

Section. 

 (3) The owner or operator of the facility shall notify the Regional 

Office Supervisor by telephone at least five business days 

before back-filling the trenches and at least 10 business days 

before the tests given in Subparagraph (1) of this Paragraph 

are to be performed to allow inspection by the Division. The 

owner or operator may commence back-filling five days after 

notification has been given to the Division. 

 (4) The owner or operator of the facility and the test contractor 

shall report all test failures to the Regional Office Supervisor 

within 24 hours of the failure. 

 (5) The Director may require the owner or operator of the 

facility to perform any of the tests in Subparagraph (1) of this 

Paragraph if there are any modifications or repairs. 

Adopted State Measures 

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 (6) Where the Division conducts a test on the vapor control 

system, it shall be without compensating the owner or 

operator of the facility for any lost revenues incurred due to 

the testing procedure. 

(g) Referenced documents. EPA-450/3-91-022b, "Technical Guidance - 

Stage II Vapor Recovery Systems for Control of Vehicle Refueling 

Emissions at Gasoline Dispensing Facilities, Volume II: Appendices", 

November 1991, cited in this Rule is hereby incorporated by reference and 

does not include subsequent amendments or editions. A copy of this 

document is available for inspection at the Regional Offices of the North 

Carolina Department of Environment and Natural Resources (Addresses 

are given in Rule .0103 of this Subchapter). Copies of this document may 

be obtained through the Library Services Office (MD-35), U. S. 

Environmental Protection Agency, Research Triangle Park or National 

Technical Information Services (NTIS), 5285 Port Royal Road, Springfield 

VA 22161. The NTIS number for this document is PB-92132851, and the 

cost is fifty-two dollars ($52.00). 

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

 Eff. July 1,1994; 

 Amended Eff. July 1, 1998; July 1, 1996.

15A NCAC 2D .0954 STAGE II VAPOR RECOVERY

(a) Applicability. In accordance with Paragraphs (e), (f), or (g) of Rule 

.0902 of this Section, this Rule applies to the control of gasoline vapors at 

the vehicle fill-pipe during refueling operations at a facility. The vapors 

shall be captured and returned to a vapor-tight underground storage tank 

or shall be captured and destroyed. These systems shall be installed at all 

facilities that dispense gasoline to motor vehicles unless exempted under 

Paragraph (b) of this Rule. 

(b) Exemptions. The following gasoline dispensing facilities are exempt 

from this Rule based upon the previous two years records: 

(1) any facility which dispenses less than 10,000 gallons of 

gasoline per calendar month; 

(2) any facility which dispenses less than 50,000 gallons of 

gasoline per calendar month and is an independent small 

business marketer of gasoline; 

(3) any facility which dispenses gasoline exclusively for refueling 

marine vehicles, aircraft, farm equipment, and emergency 

vehicles; or 

 (4) any tanks used exclusively to test the fuel dispensing meters. 

Any facility that ever exceeds the exemptions given in Subparagraphs (1), 

(2), (3) or (4) in this Paragraph shall be subject to all of the provisions of 

Adopted State Measures 

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this Rule in accordance with the schedule given in Subparagraph (f) of this 

Rule, and shall remain subject to these provisions even if the facility's later 

operation meets the exemption requirements. 

(c) Proof of Eligibility. The burden of proof of eligibility for exemption 

from this Rule is on the owner or operator of the facility. Persons seeking 

an exemption from this Rule shall maintain the following: 

(1) chronologically arranged bills of lading for receipt of gasoline 

shipments from the last three years, and 

(2) daily inventory of each gasoline type for each day of 

operation or equivalent records as required; this shall be 

maintained for the last three years. 

These records shall be furnished to the Director upon request. 

(d) Definitions. For the purpose of this Rule, the following definitions 

apply: 

(1) "CARB" means the California Air Resources Board. 

(2) "Certified STAGE II Vapor Recovery System" means any 

system certified by the California Air Resources Board as 

having a vapor recovery or removal efficiency of at least 95 

percent by weight. 

(3) "Defective equipment" means any absence, disconnection, or 

malfunction of a Stage II vapor recovery system component 

which is required by this Rule including the following: 

(A) a vapor return line that is crimped, flattened or 

blocked or that has any hole or slit that allows vapors 

to leak out; 

(B) a nozzle bellows that has any hole or tear large enough 

to allow a 1/4 inch diameter cylindrical rod to pass 

through it or any slit one inch or more in length; 

(C) a nozzle face-plate or cone that is torn or missing over 

25 percent of its surface; 

(D) a nozzle with no automatic overfill control mechanism 

or an inoperable overfill control mechanism; 

(E) an inoperable or malfunctioning vapor processing 

unit, vacuum generating device, pressure or vacuum 

relief valve, vapor check valve or any other equipment 

normally used to dispense gasoline, or that is required 

by this Rule; or 

(F) a failure to meet the requirements of Paragraph (g) of 

this Rule. 

(4) "Facility" means any gasoline service station, gasoline 

dispensing facility, or gasoline cargo tanker. 

(5) "ISBM" means independent small business marketer. 

(6) "Independent Small Business Marketer of Gasoline" means a 

Adopted State Measures 

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facility that qualifies under Section 324 of the Federal Clean 

Air Act. 

(7) "Operator" means any person who leases, operates, controls, 

or supervises a facility at which gasoline is dispensed. 

(8) "Owner" means any person who has legal or equitable title to 

the gasoline storage tank at a facility. 

(9) "Pressure Balanced Stage II System" means one which is not 

vacuum-assisted. That is, the volume of vapor in the 

automobile's fuel tank displaced by the incoming liquid 

gasoline equals the space in the underground tank created by 

the gasoline leaving. 

(10) "Remote Vapor Check Valve" means a check valve in the 

vapor return line but not located in the nozzle. 

(11) "Stage II Vapor Recovery" means to the control of gasoline 

vapor at the vehicle fill-pipe, where the vapors are captured 

and returned to a vapor-tight storage tank or are captured 

and destroyed. 

(12) "Throughput" means the amount of gasoline dispensed at a 

facility during any calendar month after June 30, 1994. 

(e) Stage II Requirements. No person shall transfer or permit the transfer 

of gasoline into the fuel tank of any motor vehicle at any applicable facility 

unless: 

(1) the transfer is made using a Certified Stage II vapor recovery 

system that meets the requirements of the inspections; 

(2) all installed Stage II vapor recovery systems use coaxial 

vapor recovery hoses; no dual-hose designs shall be used; 

(3) all installed Stage II vapor recovery systems used are 

certified by CARB except that the Stage I system need not be 

CARB certified. In addition, no Stage II system shall employ 

a remote vapor check valve. Pressure balanced Stage II 

systems may be used; and 

(4) the underground vapor return piping satisfies the 

requirements of Rule .0953 of this Subchapter. 

In the event that CARB revokes certification of an installed system, the 

owner or operator of the facility shall have four years to modify his 

equipment to conform with re-certification requirements unless 

modifications involve only the replacement of dispenser check valves, 

hoses, or nozzles or appurtenances to these components in which case the 

allowed time period is three months. This time period is defined as the 

period from the day that the owner or operator of the facility has been 

officially notified by the Director. 

(f) Compliance Schedule. If the gasoline service station or gasoline 

dispensing facility is subject to the requirements of this Rule in accordance 

Adopted State Measures 

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with Paragraphs (e), (f), or (g) of Rule .0902 of this Section, compliance 

shall be achieved no later than: 

(1) one year from the date that the Director notices in the North 

Carolina Register that an area is in violation of the ambient 

air quality standard for ozone, for facilities having any single 

monthly throughput of at least 100,000 gallons per month; 

(2) two years from the date that the Director notices in the 

North Carolina Register that an area is in violation of the 

ambient air quality standard for ozone, for facilities having 

any single monthly throughput of greater than 10,000 

gallons but less than 100,000 gallons; 

(3) for affected facilities owned by a single ISBM: 

(A) one year from the date that the Director notices in the 

North Carolina Register that an area is in violation of 

the ambient air quality standard for ozone, for 33 

percent of affected facilities; 

(B) two years from the date that the Director notices in 

the North Carolina Register that an area is in violation 

of the ambient air quality standard for ozone, for 66 

percent of the affected facilities; 

(C) three years from the date that the Director notices in 

the North Carolina Register that an area is in violation 

of the ambient air quality standard for ozone, for the 

remainder of the affected facilities; 

(4) 18 months after the day the owner or operator of the facility 

has been notified by the Director that his exemption under 

Paragraph (b) of this Rule has been revoked; or 

(5) before beginning operation for islands constructed after the 

Director notices in the North Carolina Register that an area 

is in violation of the ambient air quality standard for ozone. 

(g) Testing Requirements 

(1) Within 30 days after the commencement of operation of the 

Stage II system and every five years thereafter, the owner or 

operator of the facility shall submit reports of the following 

tests as described in EPA-450/3-91-022b: 

(A) Bay Area Source Test Procedure ST-30, Leak Test 

Procedure, or San Diego Test Procedure TP-91-1, 

Pressure Decay/Leak Test Procedure every five years; 

(B) Bay Area Source Test Procedure ST-27, Dynamic Back 

Pressure, or San Diego Test Procedure TP-91-2, 

Pressure Drop vs Flow/Liquid Blockage Test 

Procedure every five years; and 

(C) Bay Area Source Test Procedure ST-37, Liquid 

Adopted State Measures 

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Removal Devices every five years. 

If the tests have been performed within the last two 

years the owner or operator may submit a copy of 

those tests in lieu of retesting. Testing shall be in 

accordance with Rule .0912 of this Section. 

(2) The owner or operator shall perform daily testing and 

inspections as follows: 

(A) daily tests to ensure proper functioning of nozzle 

automatic overfill control mechanisms and flow 

prohibiting mechanisms, and 

(B) daily visual inspection of the nozzle bellows and faceplate. 

(3) The owner or operator of the facility and the test contractor 

shall report all test failures to the Regional Office Supervisor 

within 24 hours of the failure. 

(4) The Director may require the owner or operator of the 

facility to perform any of the tests in Subparagraph (1) of this 

Paragraph if there are any modifications or repairs. 

(5) Where the Division of Air Quality conducts tests or upon 

requirement from the Director to test the vapor control 

system it shall be without compensating the owner or 

operator of the facility for any lost revenues incurred due to 

the testing procedure. 

(h) Operating Instructions and Posting 

(1) The owner or operator of the facility shall post operating 

instructions for the vapor recovery system on the top onethird of the front of each gasoline dispenser to include the 

following: 

(A) a clear description of how to correctly dispense 

gasoline with the vapor recovery nozzles, 

(B) a warning that repeated attempts to continue 

dispensing gasoline, after the system has indicated 

that the vehicle fuel tank is full (by automatically 

shutting off), may result in spillage or recirculation of 

gasoline, 

(C) a telephone number to report problems experienced 

with the vapor recovery system to the owner or 

operator of the facility, and 

(D) a telephone number to report problems experienced 

with the vapor recovery system to the Director. 

(2) The owner or operator shall provide written instructions on 

site as detailed in EPA-450/3-91-022b to insure that 

employees of the facility have an accurate understanding of 

Adopted State Measures 

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North Carolina Attainment Demonstration

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the operation of the system and, in particular, when the 

system is malfunctioning and requires repair. 

(i) Other General Requirements. The owner or operator of the facility 

shall conspicuously post "Out of Order" signs on any nozzle associated 

with any aboveground part of the vapor recovery system which is defective 

until the system has been repaired to bring it back into compliance with 

this Rule. 

(j) Record-keeping and Reporting. Owners or operators of the facility 

shall maintain records in accordance with Rule .0903 of this Section on 

compliance and testing. 

(k) Referenced document. EPA-450/3-91-022b, "Technical Guidance - 

Stage II Vapor Recovery Systems for Control of Vehicle Refueling 

Emissions at Gasoline Dispensing Facilities, Volume II: Appendices", 

November 1991, cited in this Rule is hereby incorporated by reference and 

does not include subsequent amendments or editions. A copy of this 

document is available for inspection at the Regional Offices of the North 

Carolina Department of Environment and Natural Resources (addresses 

are given in Rule .0103 of this Subchapter). Copies of this document may 

be obtained through the Library Services Office (MD-35), U. S. 

Environmental Protection Agency, Research Triangle Park or National 

Technical Information Services, 5285 Port Royal Road, Springfield VA 

22161. The NTIS number for this document is PB-92132851 and the cost is 

fifty-two dollars ($52.00). 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a); 150B21.6; 

Eff. May 1, 1995; 

Amended Eff. April 1, 2003; April 1, 1997; July 1, 1996; 

April 1, 1996; May 1, 1995.

Adopted State Measures 

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North Carolina Attainment Demonstration

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 [page 94 reserved] 

Adopted State Measures 

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North Carolina Attainment Demonstration

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15A NCAC 2D .0955 THREAD BONDING MANUFACTURING

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

 (1) "Capture hoods" means any device designed to remove 

emissions from the solution bath tray areas during the 

manufacturing process. 

 (2) "Curing" means exposing coated threads to high 

temperatures in an oven until the nylon solution mixture 

hardens (vaporizing the solvents) and bonds to the threads. 

 (3) "Day tanks" means holding tanks that contain nylon solution 

mixture ready for use. 

 (4) "Drying ovens" means any apparatus through which the 

coated threads are conveyed while curing. 

 (5) "Enclose" means to construct an area within the plant that 

has a separate ventilation system and is maintained at a 

slightly negative pressure. 

 (6) "Fugitive emissions" means emissions that cannot be 

collected and routed to a control system. 

 (7) "Nylon thread coating process" means a process in which 

threads are coated with a nylon solution and oven cured. 

 (8) "Permanent label" means a label that cannot be easily 

removed or defaced. 

 (9) "Polyester solution mixture" means a mixture of polyester 

and solvents which is used for thread coating. 

 (10) "Storing" means reserving material supply for future use. 

 (11) "Thread bonding manufacturing" means coating single or 

multi-strand threads with plastic (nylon or polyester solution 

mixture) to impart properties such as additional strength 

and durability, water resistance, and moth repellency. 

 (12) "Transporting" means moving material supply from one 

place to another. 

(b) This Rule applies in accordance with Rule .0902 of this Section to any 

thread bonding manufacturing facility with total uncontrolled exhaust 

emissions from nylon thread coating process collection hoods and drying 

ovens of volatile organic compounds (VOC) equal to or greater than 100 

tons per year. 

(c) Annual VOC emissions from each nylon thread coating process shall be 

determined by multiplying the hourly amount of VOC consumed by the 

total scheduled operating hours per year. 

(d) Emissions from each nylon thread coating process subject to this Rule 

shall be reduced: 

 (1) by at least 95 percent by weight, or 

 (2) by installing a thermal incinerator with a temperature of at 

least 1600o F and a residence time of at least 0.75 seconds. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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(e) The owner or operator of any thread bonding manufacturing facility 

shall: 

 (1) enclose the nylon thread coating process area of the 

plant to prevent fugitive emissions from entering other 

plant areas; 

 (2) store all VOC containing materials in covered tanks or 

containers; 

 (3) ensure that equipment used for transporting or storing VOC 

containing material does not leak and that all lids and seals 

used by such equipment are kept in the closed position at all 

times except when in actual use; 

 (4) not cause or allow VOC containing material to be splashed, 

spilled, or discarded in sewers; 

 (5) hold only enough nylon solution mixture in the day tanks to 

accommodate daily process times measured in hours; and 

 (6) place permanent and conspicuous labels on all equipment 

affected by Subparagraphs (3) through (5) of this Paragraph 

summarizing handling procedures described in 

Subparagraphs (3) through (5) of this Paragraph for VOC 

contaminated materials at the nylon thread coating process. 

(f) The owner or operator of a thread bonding manufacturing facility shall 

notify the Director within 30 days after the calculated annual emissions of 

VOC from nylon thread coating processes equal or exceed 100 tons per 

year. The owner or operator shall submit within six months after such 

calculation a permit application including a schedule to bring the facility 

into compliance with this Rule. 

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

 Eff. May 1, 1995.

15A NCAC .0956 GLASS CHRISTMAS ORNAMENT 

MANUFACTURING

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

 (1) "Coating" means the application of a layer of material, either 

by dipping or spraying, in a relatively unbroken film onto 

glass Christmas ornaments. 

 (2) "Curing ovens" means any apparatus through which the 

coated glass Christmas ornaments are conveyed while 

drying. 

 (3) "Glass Christmas ornament" means any glass ornament that 

is coated with decorative exterior and is traditionally hung 

on Christmas trees. 

 (4) "Glass Christmas ornament manufacturing facility" 

Adopted State Measures 

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means a facility that coats glass Christmas ornaments 

through the process of interior coating or exterior 

coating that uses either mechanical or hand-dipping 

methods, drying (curing), cutting, and packaging 

operations. 

 (5) "Mechanical coating lines" means equipment that facilitates 

mechanized dipping or spraying of a coating onto glass 

Christmas ornaments in which the neck of each ornament is 

held mechanically during the coating operation. 

 (6) "Solvent-borne coating" means a coating that uses organic 

solvents as an ingredient. 

(b) This Rule applies in accordance with Rule .0902 of this Section to any 

curing ovens servicing the mechanical coating lines in the coating of glass 

Christmas ornaments at glass Christmas tree ornament manufacturing 

facilities with potential volatile organic compound (VOC) emissions of 100 

tons per year or more. 

(c) This Rule does not apply to glass Christmas ornament manufacturing 

facilities that do not use solvent-borne coating materials. 

(d) Emissions of VOC from each curing oven shall be reduced by at least 

90 percent by weight. 

(e) If the owner or operator of a facility subject to this Rule chooses to use 

low VOC content, solvent-borne coatings to reduce emissions, the 

emission reduction from the use of these coatings shall be equivalent to 

that achieved using add-on controls. 

(f) The owner or operator of a Christmas tree ornament manufacturing 

facility shall notify the Director within 30 days after the calculated annual 

emissions of VOC from facility equal or exceed 100 tons per year. The 

owner or operator shall submit within six months after such calculation a 

permit application including a schedule to bring the facility into 

compliance with this Rule. 

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

 Eff. May 1, 1995.

15A NCAC 2D .0957 COMMERCIAL BAKERIES

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

 (1) "Baking Oven" means an oven used at any time for the 

purpose of baking yeast-leavened products, including bread 

and rolls. 

 (2) "Commercial Bakery" means an establishment where bread 

and baked goods are produced. 

(b) This Rule applies in accordance with Rule .0902 of this Section to any 

baking oven at a commercial bakery with potential volatile organic 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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compound (VOC) emissions of 100 tons per year or more. Daily volatile 

organic compound emissions shall be determined according to the 

calculation procedures in Paragraph (d) of this Rule. 

(c) Emissions of VOC from baking ovens subject to this Rule shall be 

reduced by at least: 

 (1) 90 percent by weight, or 

 (2) 60 percent by weight, if biofiltration is used. 

(d) Daily volatile organic compound emissions from each commercial 

baking oven shall be determined according to the following: EtOH = 

0.40425 + 0.444585[(Y x T) + (S x t)], where; 

 (1) EtOH = pounds ethanol per ton of baked bread. 

 (2) Y = baker's percent yeast in sponge to the nearest tenth of a 

percent. 

 (3) T = total time of fermentation in hours to the nearest tenth 

of an hour. 

 (4) S = baker's percent of yeast added to dough to the nearest 

tenth of a percent. 

 (5) t = proof time + floor time in hours to the nearest tenth of an 

hour. 

(e) The owner or operator of a commercial bakery shall notify the Director 

within 30 days after the calculated emissions of VOC from the bakery 

equal or exceed 100 tons per year. The owner or operator shall submit 

within six months after such calculation a permit application including a 

schedule to bring the facility into compliance with this Rule. 

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

 Eff. May 1, 1995.

15A NCAC 2D .0958 WORK PRACTICES FOR SOURCES OF 

VOLATILE ORGANIC COMPOUNDS

(a) This Rule applies to all facilities that use volatile organic compounds as 

solvents, carriers, material processing media, or industrial chemical 

reactants, or in other similar uses or that mix, blend, or manufacture 

volatile organic compounds, or emit volatile organic compounds as a 

product of chemical reactions. 

(b) This Rule does not apply to: 

 (1) architectural or maintenance coating, or 

 (2) sources subject to 40 CFR Part 63, Subpart JJ. 

(c) The owner or operator of any facility subject to this Rule shall: 

 (1) store all material, including waste material, containing 

volatile organic compounds in containers covered with a 

tightly fitting lid that is free of cracks, holes, or other defects, 

when not in use, 

Adopted State Measures 

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North Carolina Attainment Demonstration

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 (2) clean up spills as soon as possible following proper safety 

procedures, 

 (3) store wipe rags in closed containers, 

 (4) not clean sponges, fabric, wood, paper products, and other 

absorbent materials, 

 (5) drain solvents used to clean supply lines and other coating 

equipment into closable containers and close containers 

immediately after each use, 

 (6) clean mixing, blending, and manufacturing vats and 

containers by adding cleaning solvent, closing the vat or 

container before agitating the cleaning solvent. The spent 

cleaning solvent shall then be poured into a closed container. 

(d) When cleaning parts, the owner or operator of any facility subject to 

this Rule shall: 

 (1) flush parts in the freeboard area, 

 (2) take precautions to reduce the pooling of solvent on and in 

the parts, 

 (3) tilt or rotate parts to drain solvent and allow a minimum of 

15 seconds for drying or until all dripping has stopped, 

whichever is longer, 

 (4) not fill cleaning machines above the fill line, 

 (5) not agitate solvent to the point of causing splashing. 

(e) The owner or operator of a source on which a control device has been 

installed to comply with 15A NCAC 2D .0518(d) shall continue to maintain 

and operate the control device unless the Director determines that the 

removal of the control device shall not cause or contribute to a violation of 

the ozone ambient air quality standard (15A NCAC 2D .0405). 

(f) The owner or operator of a source that has complied with 15A NCAC 2D 

.0518 by complying with a Rule in this Section, shall continue to comply 

with that rule unless the Director determines that if the source ceases to 

comply with that rule, it shall not cause or contribute to a violation of the 

ozone ambient air quality standard (15A NCAC .0405). 

(g) All sources at a facility subject to this Rule shall be permitted unless 

they are exempted from permitting by 15A NCAC 2Q .0102, Activities 

Exempted From Permit Requirements. 

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

 Eff. July 1, 2000.

.0959 PETITION FOR SUPERIOR ALTERNATIVE CONTROLS

(a) This Rule applies to all sources covered under this Section. 

(b) If the owner or operator of any source of volatile organic compounds 

subject to the requirements of this Section, can demonstrate that an 

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alternative operational or equipment control is superior to the required 

control, he may petition the Director to allow the use of alternative 

operational or equipment controls for the reduction of volatile organic 

compound emissions. The petition shall be made for each source to the 

Director. 

(c) The petition shall contain: 

(1) the name and address of the company and the name and 

telephone number of a company officer over whose signature 

the petition is submitted; 

(2) a description of all operations conducted at the location to 

which the petition applies and the purpose that the volatile 

organic compound emitting equipment serves within the 

operations; 

(3) reference to the specific operational and equipment controls 

under the rules of this Section for which alternative 

operational or equipment controls are proposed; 

(4) a detailed description of the proposed alternative operational 

or equipment controls, the magnitude of volatile organic 

compound emission reduction that will be achieved, and the 

quantity and composition of volatile organic compounds that 

will be emitted if the alternative operational or equipment 

controls are instituted; and 

(5) certification that emissions of all other air contaminants 

from the subject source are in compliance with all applicable 

local, state and federal laws and regulations. 

The petition may include a copy of the permit application and need not 

duplicate information in the permit application. 

(d) The Director shall approve a petition for alternative control if: 

(1) The petition is submitted in accordance with Paragraph (c) 

of this Rule; 

(2) The Director determines that the proposed alternative 

operational or equipment control is superior to the required 

controls; 

(3) All other air contaminant emissions from the facility are in 

compliance with, or under a schedule for compliance as 

expeditiously as practicable with, all applicable local, state, 

and federal regulations; and 

(4) The petition contains a schedule for achieving and 

maintaining reduction of volatile organic compound 

emissions to the maximum extent feasible and as 

expeditiously as practicable. 

(e) When controls different from those specified in the appropriate 

emission standards in this Section are approved by the Director, the 

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permit shall contain a condition stating such controls. 

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

215.107(a)(5); 

Eff. April 1, 2003. 

15A NCAC 2D .0960 CERTIFICATION OF LEAK TIGHTNESS 

TESTER 

(a) Purpose. The purpose of this Rule is to establish procedures for 

certifying facilities to perform leak tightness tests on truck tanks as 

defined under Rule .0932 of this Section. (b) Certification request. To 

request certification to perform leak tightness testing on truck tanks for 

the purposes of complying with Rule .0932 of this Section, a facility shall 

submit to the Director the following information: 

(1) the name and address of the facility requesting certification, 

including the primary contact and telephone number; 

(2) evidence that the facility is registered with the United States 

Department of Transportation to perform leak checks; 

(3) evidence that the facility has the equipment necessary to 

perform Method 27 of 40 CFR Part 60, Subpart A; and 

(4) evidence that the facility has the skills necessary to perform 

Method 27 of 40 CFR Part 60, Subpart A correctly; 

(c) Approval. The Director shall certify a facility requesting certification to 

perform leak tightness testing if he finds that: 

(1) All the information required under Paragraph (b) of this 

Rule has been submitted; 

(2) The Division has observed the facility conducting one or 

more leak tightness tests and finds that: 

(A) The facility has the equipment necessary to perform 

Method 27 of 40 CFR Part 60, Subpart A; and 

(B) The facility has the skills necessary to perform 

Method 27 of 40 CFR Part 60, Subpart A correctly; 

(d) Expiration. A certification to perform leak tightness testing under this 

Rule shall expire one year from the date of its issuance. 

(e) Renewal. To have a certification renewed, the certified facility shall 

submit to the Director a request to have the certification renewed. Within 

30 days after receipt of the request, the Division shall observe the certified 

facility conducting one or more leak tightness tests. If the Director finds 

that: 

(1) The certified facility has the equipment necessary to perform 

Method 27 of 40 CFR Part 60, Subpart A; and 

(2) The certified facility has the skills necessary to perform 

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Method 27 of 40 CFR Part 60, Subpart A correctly, 

he shall renew the certification. If the certified facility submits a request 

for renewal after the expiration of the last certification, the Director shall 

reject the renewal request, and the facility shall request a new certification 

under Paragraph (b) of this Rule. 

(f) Interim certification. If the Division is unable to observe the 

performance of leak tightness testing required under Paragraphs (c) or (e) 

of this Rule, the Director shall issue an interim certification for up to 90 

days to allow the certified facility to perform leak tightness tests. An 

interim certification shall not be renewed. 

(g) Revocation of Certification. If the Director finds that a certified facility 

is not performing Method 27 of 40 CFR Part 60, Subpart A correctly or 

that the certified facility is certifying tanks as leak tight that have not 

passed the leak tightness test, the Director shall revoke the facility’s 

certification or interim certification. 

(h) Stickers. The Division shall provide serialized stickers at no cost, or 

the facility may choose to provide the stickers. If the facility provides the 

stickers, the stickers shall contain the same information that is on the 

stickers provide by the Division and shall have the same dimensions and a 

sample sticker shall accompany the application for certification. Once a 

facility is certified under this Rule to perform leak tightness tests, stickers 

are to be: 

(1) affixed to tanks that have passed the test under Rule .0932 of 

this Section, and 

(2) placed near the Department of Transportation Certification 

plate (DOT, 49 CFR 178.340-10b). 

The certified facility performing the test shall maintain a log matching 

sticker serial numbers and tank identification numbers. The certified 

facility shall send this log shall be sent to the Director monthly. 

(i) Certification report. The certified facility performing the test shall give 

a copy of the certification report to the truck tank owner and shall retain a 

copy of the certification report. The certification report shall contain the 

following information: 

(1) name, address, and telephone number of certified facility 

performing the test; 

(2) name and signature of the individual actually performing the 

test; 

(3) name and address of the owner of the tank; 

(4) serial number of the sticker and identification number of the 

tank; 

(5) the date that the sticker is issued and the date that the sticker 

expires, which shall be one year after the issuance date; 

(6) the pressure drops measured and vacuum drops measured; 

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(7) list or description of problems with tank (if none are found, 

the report shall state that none were found). 

The certified facility performing the test shall provide the Director each 

month a copy of each certification report produced for the previous month. 

After July 2005, the certified facility shall cease sending the Director 

copies of the certification reports. 

(j) Record retention. The certified facility performing the test and the 

owner of the truck tank shall keep the certification report for at least two 

years. Certification reports shall be made available to the Division upon 

request. 

(k) Verification of leak tightness. The Division may use Method 21 to 

verify the leak tightness of a tank. 

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

(13); 

Eff. April 1, 2003.

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SECTION .1400 – NITROGEN OXIDES 

15A NCAC 02D .1401 DEFINITIONS

(a) For the purpose of this Section, the definitions at N.C.G.S 143-212 and 143-

213, and 15A NCAC 2D .0101 shall apply, and in addition the following definitions 

apply. If a term in this Rule is also defined at 15A NCAC 2D .0101, then the 

definition in this Rule controls. 

(1) “Acid rain program” means the federal program for the reduction of 

acid rain including 40 CFR Parts 72, 75, 76, and 77. 

(2) “Actual emissions” means for Rules .1416 through .1422 of this 

Section, emissions of nitrogen oxides as measured and calculated 

according to 40 CFR Part 75, Subpart H. 

(3) “Actual heat input” means for Rules .1416 through .1422 of this 

Section, heat input as measured and calculated according to 40 CFR 

Part 75, Subpart H. 

(4) “Averaging set of sources” means all the stationary sources included 

in an emissions averaging plan according to Rule .1410 of this 

Section. 

(5) “Averaging source” means a stationary source that is included in an 

emissions averaging plan in accordance to Rule .1410 of this 

Section. 

(6) “Boiler” means an enclosed fossil or other fuel-fired combustion 

device used to produce heat and to transfer heat to recirculating 

water, steam, or other medium. 

(7) “Combined cycle system” means a system consisting of one or more 

combustion turbines, heat recovery steam generators, and steam 

turbines configured to improve overall efficiency of electricity 

generation or steam production. 

(8) “Combustion turbine” means an enclosed fossil or other fuel-fired 

device that is comprised of a compressor, a combustor, and a 

turbine, and in which the flue gas resulting from the combustion of 

fuel in the combustor passes through the turbine, rotating the 

turbine. 

(9) “Diesel engine” means a compression ignited two- or four-stroke 

engine in which liquid fuel injected into the combustion chamber 

ignites when the air charge has been compressed to a temperature 

sufficiently high for auto-ignition. 

(10) “Dual fuel engine” means a compression ignited stationary internal 

combustion engine that is burning liquid fuel and gaseous fuel 

simultaneously. 

(11) “Emergency generator” means a stationary internal combustion 

engine used to generate electricity only during: 

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(A) the loss of primary power at the facility that is beyond the 

control of the owner or operator of the facility or 

(B) maintenance when maintenance is being performed on the 

power supply to equipment that is essential in protecting the 

environment or to such equipment itself. 

An emergency generator may be operated periodically to ensure 

that it will operate. 

(12) “Emergency use internal combustion engines” means stationary 

internal combustion engines used to drive pumps, aerators, and 

other equipment only during: 

(A) the loss of primary power at the facility that is beyond the 

control of the owner or operator of the facility or 

(B) maintenance when maintenance is being performed on the 

power supply to equipment that is essential in protecting the 

environment or to such equipment itself. 

An emergency use internal combustion engine may be operated 

periodically to ensure that it will operate. 

(13) “Excess emissions” means an emission rate that exceeds the 

applicable limitation or standard; for the purposes of this 

definition, nitrogen oxides emitted by a source covered under Rule 

.1416, .1417, or .1418 of this Section during the ozone season above 

its allocation, as may be adjusted under Rule .1419 of this Section, 

are not considered excess emissions. 

(14) “Fossil fuel fired” means 

(a) For sources that began operation before January 1, 1996, t 

where fossil fuel actually combusted either alone or in 

combination with any other fuel, comprises more than 50 

percent of the annual heat input on a Btu basis during 1995, 

or, if a source had no heat input in 1995, during the last year 

of operation of the unit before 1995; 

(b) For sources that began operation on or after January 1, 1996 

and before January 1, 1997, where fossil fuel actually 

combusted either alone or in combination with any other 

fuel, comprises more than 50 percent of the annual heat 

input on a Btu basis during 1996; or 

(c) For sources that began operation on or after January 1, 1997: 

(i) Where fossil fuel actually combusted either alone or in 

combination with any other fuel, comprises more 

than 50 percent of the annual heat input on a Btu 

basis during any year; or 

(ii) Where fossil fuel combusted either alone or in 

combination with any other fuel, is projected to 

comprise more than 50 percent of the annual heat 

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input on a Btu basis during any year, provided that 

the unit shall be "fossil fuel-fired" as of the date, 

during such year, on which the source begins 

combusting fossil fuel. 

(15) “Indirect-fired process heater” means an enclosed device using 

controlled flame where the device’s primary purpose is to transfer 

heat by indirect heat exchange to a process fluid, a process material 

that is not a fluid, or a heat transfer material, instead of steam, for 

use in a process. 

(16) “Lean-burn internal combustion engine” means a spark ignition 

internal combustion engine originally designed and manufactured 

to operate with an exhaust oxygen concentration greater than one 

percent. 

(17) "NOx" means nitrogen oxides. 

(18) “Ozone season” means the period beginning May 31 and ending 

September 30 for 2004 and beginning May 1 and ending September 

30 for all other years. 

(19) “Potential emissions” means the quantity of NOx that would be 

emitted at the maximum capacity of a stationary source to emit NOx

under its physical and operational design. Any physical or 

operational limitation on the capacity of the source to emit NOx

shall be treated as a part of its design if the limitation is federally 

enforceable. Such physical or operational limitations include air 

pollution control equipment and restrictions on hours of operation 

or on the type or amount of material combusted, stored, or 

processed. 

(20) “Projected seasonal energy input” means the maximum design heat 

input per hour times 3300 hours. 

(21) “Projected seasonal energy output” means the maximum design 

energy output per hour times 3300 hours. 

(22) “Reasonable assurance” means a demonstration to the Director that 

a method, procedure, or technique is possible and practical for a 

source or facility under the expected operating conditions. 

(23) “Reasonably Available Control Technology” or “RACT” means the 

lowest emission limitation for NOx that a particular source can meet 

by the application of control technology that is reasonably available 

considering technological and economic feasibility. 

(24) “Reasonable effort” means the proper installation of technology 

designed to meet the requirements of Rule .1407, .1408, or .1409 of 

this Section and the utilization this technology, according to the 

manufacturer's recommendations or other similar guidance for not 

less than six months, in an effort to meet the applicable limitation 

for a source. 

Adopted State Measures 

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(25) “Rich-burn internal combustion engine” means a spark ignition 

internal combustion engine originally designed and manufactured 

to operate with an exhaust oxygen concentration less than or equal 

to one percent. 

(26) “Seasonal energy input” means the total energy input of a 

combustion source during the period beginning May 1 and ending 

September 30. 

(27) “Seasonal energy output” means the total energy output of a 

combustion source during the period beginning May 1 and ending 

September 30. 

(28) “Shutdown” means the cessation of operation of a source or its 

emission control equipment. 

(29) “Source” means a stationary boiler, combustion turbine, combined 

cycle system, reciprocating internal combustion engine, indirectfired process heater, or a stationary article, machine, process 

equipment, or other contrivance, or combination thereof, from 

which nitrogen oxides emanate or are emitted. 

(30) “Startup” means the commencement of operation of any source that 

has shutdown or ceased operation for a period sufficient to cause 

temperature, pressure, process, chemical, or pollution control 

device imbalance that would result in excess emissions. 

(31) “Stationary internal combustion engine” means a reciprocating 

internal combustion engine that is not self propelled; however, it 

may be mounted on a vehicle for portability. 

(b) Whenever reference is made to the Code of Federal Regulations in this 

Section, the definitions in the Code of Federal Regulations shall apply unless 

specifically stated otherwise in a particular rule. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (7), (10); 

Eff. April 1, 1995; 

Temporary Amendment Eff. August 1, 2001; November 1, 2000; 

Amended Eff. July 15, 2002. 

15A NCAC 02D .1402 APPLICABILITY

(a) The requirements of this Section shall apply to all sources May 1 through 

September 30 of each year. 

(b) Rules .1409(b) and .1416 through .1423 of this Section apply statewide. 

(c) Rules .1407, .1408, .1409(a), and .1413 of this Section apply to sources 

identified according to Paragraph (d) of this Rule. 

(d) With the exceptions stated in Paragraph (h) of this Rule, this Section shall 

apply to: 

(1) Charlotte/Gastonia, consisting of Mecklenburg and Gaston 

Counties according to Paragraph (e) of this Rule; 

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(2) Greensboro/Winston-Salem/High Point, consisting of Davidson, 

Forsyth, and Guilford Counties and the part of Davie County 

bounded by the Yadkin River, Dutchmans Creek, North Carolina 

Highway 801, Fulton Creek and back to Yadkin River according to 

Paragraph (f) of this Rule; or 

(3) Raleigh/Durham, consisting of Durham and Wake Counties and 

Dutchville Township in Granville County according to Paragraph 

(g) of this Rule. 

(e) If a violation of the ambient air quality standard for ozone is measured 

according to 40 CFR 50.9 in Cabarrus, Gaston, Iredell, Lincoln, Mecklenburg, 

Rowan, or Union County, North Carolina or York County, South Carolina, the 

Director shall initiate analysis to determine the control measures needed to attain 

and maintain the ambient air quality standard for ozone. By the following May 1, 

the Director shall implement the specific stationary source control measures 

contained in this Section that are required as part of the control strategy 

necessary to bring the area into compliance and to maintain compliance with the 

ambient air quality standard for ozone. The Director shall implement the rules in 

this Section identified as necessary by the analysis by notice in the North Carolina 

Register. The notice shall identify the rules that are to be implemented and shall 

identify whether the rules implemented are to apply in Gaston or Mecklenburg 

County or in both counties. At least one week before the scheduled publication 

date of the North Carolina Register containing the Director's notice 

implementing rules in this Section, the Director shall send written notification to 

all permitted facilities within the county in which the rules are being 

implemented that are or may be subject to the requirements of this Section 

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

Section. (For Mecklenburg County, “Director” means for the purpose of notifying 

permitted facilities in Mecklenburg County, the Director of the Mecklenburg 

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

Rule .1403 of this Section. 

(f) If a violation of the ambient air quality standard for ozone is measured 

according to 40 CFR 50.9 in Davidson, Forsyth, or Guilford County or that part of 

Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina 

Highway 801, Fulton Creek and back to Yadkin River, the Director shall initiate 

analysis to determine the control measures needed to attain and maintain the 

ambient air quality standard for ozone. By the following May 1, the Director shall 

implement the specific stationary source control measures contained in this 

Section that are required as part of the control strategy necessary to bring the 

area into compliance and to maintain compliance with the ambient air quality 

standard for ozone. The Director shall implement the rules in this Section 

identified as necessary by the analysis by notice in the North Carolina Register. 

The notice shall identify the rules that are to be implemented and shall identify 

whether the rules implemented are to apply in Davidson, Forsyth, or Guilford 

Adopted State Measures 

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County or that part of Davie County bounded by the Yadkin River, Dutchmans 

Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River or 

any combination thereof. At least one week before the scheduled publication date 

of the North Carolina Register containing the Director's notice implementing 

rules in this Section, the Director shall send written notification to all permitted 

facilities within the county in which the rules are being implemented that are or 

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

or may be subject to the requirements of this Section. (For Forsyth County, 

“Director” means for the purpose of notifying permitted facilities in Forsyth 

County, the Director of the Forsyth County local air pollution control program.) 

Compliance shall be according to Rule .1403 of this Section. 

(g) If a violation of the ambient air quality standard for ozone is measured 

according to 40 CFR 50.9 in Durham or Wake County or Dutchville Township in 

Granville County, the Director shall initiate analysis to determine the control 

measures needed to attain and maintain the ambient air quality standard for 

ozone. By the following May 1, the Director shall implement the specific 

stationary source control measures contained in this Section that are required as 

part of the control strategy necessary to bring the area into compliance and to 

maintain compliance with the ambient air quality standard for ozone. The 

Director shall implement the rules in this Section identified as necessary by the 

analysis by notice in the North Carolina Register. The notice shall identify the 

rules that are to be implemented and shall identify whether the rules 

implemented are to apply in Durham or Wake County or Dutchville Township in 

Granville County or any combination thereof. At least one week before the 

scheduled publication date of the North Carolina Register containing the 

Director's notice implementing rules in this Section, the Director shall send 

written notification to all permitted facilities within the county in which the rules 

are being implemented that are or may be subject to the requirements of this 

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

this Section. Compliance shall be in according to Rule .1403 of this Section. 

(h) This Section does not apply to any: 

(1) source not required to obtain an air permit under 15A NCAC 2Q 

.0102 or is an insignificant activity as defined at 15A NCAC 2Q 

.0103(19); 

(2) incinerator or thermal or catalytic oxidizer used primarily for the 

control of air pollution; 

(3) emergency generator; 

(4) emergency use internal combustion engine; 

(5) source that is not covered under Rule .1416, .1417, or .1418, and that 

is at a facility with a federally enforceable potential to emit nitrogen 

oxides of: 

(A) less than 100 tons per year; and 

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(B) less than 560 pounds per calendar day beginning May 1 

through September 30 of any year. 

(6) stationary internal combustion engine less than 2400 brake 

horsepower that operates no more than the following hours 

between May 1 and September 30: 

 (A) for diesel engines: 

 (B) for natural gas-fired engines: 

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)(1) or 

(2) or .1417(b) of this Section except that it shall apply to: 

(7) stationary combustion turbine constructed before January 1, 1979, 

that has a federally enforceable permit that restricts: 

(A) its potential emissions of nitrogen oxides to no more than 25 

tons between May 1 and September 30; 

(B) it to burning only natural gas or oil; and 

(C) its hours of operation as described in 40 CFR 96.4 (b) (1)(ii) 

and (iii). 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (7), (10); 

Eff. April 1, 1995; 

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

Temporary Amended Eff.; November 1, 2000; 

Amended Eff. April 1, 2001; 

Temporary Amended Eff. August 1, 2001; 

Amended Eff. July 15, 2002;

15A NCAC 02D .1403 COMPLIANCE SCHEDULES

(a) Applicability. This Rule applies to sources as set out below. 

(b) Maintenance areas. The owner or operator of a source subject to this Rule 

because of the applicability of Paragraphs (e), (f), or (g) of Rule .1402 of this 

Section, shall adhere to the following: 

(1) If compliance with this Section is to be achieved through a 

demonstration to certify compliance without source modification: 

(A) The owner or operator shall notify the Director in writing 

within six months after the Director's notice in the North 

Carolina Register that the source is in compliance with the 

applicable limitation or standard; 

(B) The owner or operator shall perform any required testing, 

according to Rule .1415 of this Section, within 12 months 

Adopted State Measures 

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after the Director's notice in the North Carolina Register to 

demonstrate compliance with the applicable limitation; and 

(C) The owner or operator shall implement any required 

recordkeeping and reporting requirements, according to 

Rule .1404 of this Section, within 12 months after the 

Director's notice in the North Carolina Register to 

demonstrate compliance with the applicable limitation. 

(2) If compliance with this Section is to be achieved through the 

installation of combustion modification technology or other source 

modification: 

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

a compliance schedule within six months after the Director's 

notice in the North Carolina Register. 

(B) The compliance schedule shall contain the following 

increments of progress: 

(i) a date by which contracts for installation of the 

modification shall be awarded or orders shall be 

issued for purchase of component parts; 

(ii) a date by which installation of the modification shall 

begin; 

(iii) a date by which installation of the modification shall 

be completed; and 

(iv) if the source is subject to a limitation, a date by which 

compliance testing shall be completed. 

(C) Final compliance shall be achieved within three years after 

the Director's notice in the North Carolina Register unless 

the owner or operator of the source petitions the Director for 

an alternative limitation according to Rule .1412 of this 

Section. If such a petition is made, final compliance shall be 

achieved within four years after the Director's notice in the 

North Carolina Register. 

(3) If compliance with this Section is to be achieved through the 

implementation of an emissions averaging plan as provided for in 

Rule .1410 of this Section: 

(A) The owner or operator shall abide by the applicable 

requirements of Subparagraphs (b)(1) or (b)(2) of this Rule 

for certification or modification of each source to be included 

under the averaging plan; 

(B) The owner or operator shall submit a plan to implement an 

emissions averaging plan according to Rule .1410 of this 

Section within six months after the Director's notice in the 

North Carolina Register. 

Adopted State Measures 

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(C) Final compliance shall be achieved within one year after the 

Director's notice in the North Carolina Register unless 

implementation of the emissions averaging plan requires the 

modification of one or more of the averaging sources. If 

modification of one or more of the averaging sources is 

required, final compliance shall be achieved within three 

years. 

(4) If compliance with this Section is to be achieved through the 

implementation of a seasonal fuel switching program as provided 

for in Rule .1411 of this Section: 

(A) The owner or operator shall make all necessary 

modifications according to Subparagraph (b)(2) of this Rule. 

(B) The owner or operator shall include a plan for complying 

with the requirements of Rule .1411 of this Section with the 

permit application required under Part (A) of this 

Subparagraph. 

(C) Final compliance shall be achieved within three years after 

the Director's notice in the North Carolina Register. 

(5) Increments of progress certification. The owner or operator shall 

certify to the Director, within five days after the deadline for each 

increment of progress in this Paragraph, whether the required 

increment of progress has been met. 

(c) Schedule for utility companies. The owner or operator of a source subject to 

this Rule because of Rule .1416 of this Section shall: 

(1) submit to the Director before October 1, 2003, a description of how 

the source will comply, which shall include an estimate of the 

number of tons of nitrogen oxides per ozone season, which may be 

a range, that will be obtained from the nitrogen oxide budget 

trading program under Rule .1419 of this Section to show 

compliance; 

(2) submit to the Director a permit application, following the schedules 

in 15A NCAC 2Q .0312, .0313, .0525, or .0527, as applicable, to 

receive a permit and make the modification or construct and begin 

operating the control device before the final compliance dates in 

Rule .1416 of this Section if a permit is needed for source 

modifications or control device installation or modification; and 

(3) install and implement any required monitoring, recordkeeping, and 

reporting requirements before May 1, 2004; if a permit application 

is necessary to install and operate the monitor, the permit 

application shall be submitted by October 1, 2003; if a permit 

application is not submitted, the Director shall modify the source’s 

permit by January 1, 2004, to insert the monitoring, recordkeeping, 

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and reporting requirements necessary to show compliance with this 

Section. 

(d) Schedule for large combustion sources. The owner or operator of a source 

subject to this Rule because of Rules .1409(b) or .1417 of this Section shall: 

(1) submit to the Director before October 1, 2003, a description of how 

the source will comply, which shall include an estimate of the 

number of tons of nitrogen oxides per ozone season, which may be 

a range, that will be obtained from the nitrogen oxide budget 

trading program under Rule .1419 of this Section to show 

compliance; 

(2) submit to the Director a permit application, following the schedules 

in 15A NCAC 2Q .0312, .0313, .0525, or .0527, as applicable, to 

receive a permit and make the modification or construct and begin 

operating the control device before the final compliance dates in 

Rules .1409(b) or .1417 of this Section if a permit is needed for 

source modifications or control device installation or modification; 

(3) install and implement any required monitoring, recordkeeping, and 

reporting requirements before May 1, 2004; if a permit application 

is necessary to install and operate the monitor, the permit 

application shall be submitted by October 1, 2003; if a permit 

application is not submitted, the Director shall modify the source’s 

permit by January 1, 2004, to insert the monitoring, recordkeeping, 

and reporting requirements necessary to show compliance with this 

Section. 

(e) New sources. The owner or operator of any new source of nitrogen oxides not 

permitted as of the date the Director notices in the North Carolina Register 

according to Paragraphs (e), (f), or (g) of Rule .1402 of this Section, shall comply 

with all applicable rules in this Section upon start-up of the source. The owner or 

operator of any new source covered under Rules .1407, .1408, .1409, .1413, or 

.1418 of this Section shall comply with all applicable rules in this Section upon 

start-up of the source. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-

215.107(a)(5), (7), (10); 

Eff. April 1, 1995; 

Amended Eff. April 1, 1997.

Temporary Amendment Eff. November 1, 2000; 

Amended Eff. April 1, 2001; 

Temporary Amendment Eff August 1, 2001; 

Amended Eff. July 15, 2002. 

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15A NCAC 02D .1404 RECORDKEEPING: REPORTING: MONITORING:

(a) General requirements. The owner or operator of any source shall comply with the 

monitoring, recordkeeping and reporting requirements in Section .0600 of this 

Subchapter and shall maintain all records necessary for determining compliance with all 

applicable limitations and standards of this Section for five years. 

(b) Submittal of information to show compliance status. The owner or operator 

of any source shall maintain and, when requested by the Director, submit any 

information required by these rules to determine the compliance status of an 

affected source. 

(c) Excess emissions reporting. The owner or operator shall report excess emissions 

following the procedures under Rule .0535 of this Subchapter. 

(d) Continuous emissions monitors. 

(1) The owner or operator shall install, operate, and maintain a continuous 

emission monitoring system according to 40 CFR Part 75, Subpart H, with 

such exceptions as may be allowed under 40 CFR Part 75, Subpart H or 40 

CFR Part 96 if: 

(A) a source is covered under Rules .1416, .1417, or .1418 of this 

Section except internal combustion engines, or 

(B) any source that opts into the nitrogen oxide budget trading program 

under Rule .1419 of this Section . 

(2) The owner or operator of a source that is subject to the 

requirements of this Section but not covered under Subparagraph 

(1) of this Paragraph and that uses a continuous emissions 

monitoring system to measure emissions of nitrogen oxides shall 

operate and maintain the continuous emission monitoring system 

according to 40 CFR Part 60, Appendix B, Specification 2, and 

Appendix F or Part 75, Subpart H. If diluent monitoring is required, 

40 CFR Part 60, Appendix B, Specification 3, shall be used. If flow 

monitoring is required, 40 CFR Part 60, Appendix B, Specification 

6, shall be used. 

(3) The owner or operator of the following sources shall not be required to use 

continuous emission monitors unless the Director determines that a 

continuous emission monitor is necessary under Rule .0611 of this 

Subchapter to show compliance with the rules of this Section: 

(A) a boiler or indirect-fired process heater covered under Rule .1407 

of this Section with a maximum heat input less than or equal to 

250 million Btu per hour; 

(B) stationary internal combustion engines covered under Rule 

.1409 of this Section except for engines covered under Rules 

.1409(b) and .1418 of this Section. 

(e) Missing data. 

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(1) If data from continuous emission monitoring systems required to meet the 

requirements of 40 CFR Part 75 are not available at a time that the source 

is operated, the procedures in 40 CFR Part 75 shall be used to supply the 

missing data. 

(2) For continuous emissions monitors not covered under Subparagraph (1) of 

this Paragraph, data shall be available for at least 95 percent of the 

emission sources operating hours for the applicable averaging period, 

where four equally spaced readings constitute a valid hour. If data from 

continuous emission monitoring systems are not available for at least 95 

percent of the time that the source is operated, the owner or operator of the 

monitor shall: 

(A) use the procedures in 40 CFR 75.33 through 75.37 to supply the 

missing data; or 

(B) document that the combustion source or process equipment and the 

control device were being properly operated (acceptable operating 

and maintenance procedures are being used, such as, compliance 

with permit conditions, operating and maintenance procedures, and 

preventative maintenance program, and monitoring results and 

compliance history) when the monitoring measurements were 

missing. 

 (f) Quality assurance for continuous emissions monitors. 

(1) The owner or operator of a continuous emission monitor required to meet 

40 CFR Part 75, Subpart H, shall follow the quality assurance and quality 

control requirements of 40 CFR Part 75, Subpart H. 

(2) For a continuous emissions monitor not covered under Subparagraph (1) 

of this Paragraph, the owner or operator of the continuous emissions 

monitor shall follow the quality assurance and quality control 

requirements of 40 CFR Part 60, Appendix F, if the monitor is required to 

be operated annually under another rule. If the continuous emissions 

monitor is being operated only to satisfy the requirements of this Section, 

then the quality assurance and quality control requirements of 40 CFR Part 

60, Appendix F, shall apply except that: 

(A) A relative accuracy test audit shall be conducted after January 1 

and before May 1 of each year; 

(B) One of the following shall be conducted at least once between 

May 1 and September 30 of each year: 

(i) a linearity test, according to 40 CFR Part 75, Appendix A, 

Section 3.2, 6.2, and 7.1; 

(ii) a relative accuracy audit, according to 40 CFR Part 60, 

Appendix F, Section 5 and 6; or 

(iii) a cylinder gas audit according to 40 CFR Part 60, Appendix 

F, Section 5 and 6; and 

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(C) A daily calibration drift test shall be conducted according to 40 

CFR Part 60, Appendix F, Section 4.0. 

(g) End of season reporting for large sources. The owner or operator of a source covered 

under Rules .1416, .1417, or .1418 of this Section shall report to the Director no later 

than October 30 of each year, the tons of nitrogen oxides emitted during the previous 

ozone season. The Division of Air Quality shall make this information publicly available. 

(h) Recordkeeping and reporting requirements for large sources. The owner or operator 

of a source covered under Rules .1416, .1417, or .1418 of this Section shall comply with 

the recordkeeping and reporting requirements of 40 CFR Part 96, Budget Trading 

Program for State Implementation Plans. 

(i) Averaging time for continuous emissions monitors. When compliance with a 

limitation established for a source subject to the requirements of this Section is 

determined using a continuous emissions monitoring system, a 24-hour block average as 

described under Rule .0606 of this Subchapter shall be recorded for each day beginning 

May 1 through September 30 unless a specific rule requires a different averaging time or 

procedure. Sources covered under Rules .1416, .1417, or .1418 of this Section shall 

comply with the averaging time requirements of 40 CFR Part 75. A 24-hour block 

average described in Rule .0606 of this Subchapter shall be used when a continuous 

emissions monitoring system is used to determine compliance with a short-term poundsper-million-Btu standard in Rule .1418 of this Section. 

(j) Heat input. Heat input shall be determined: 

(1) for sources required to use a monitoring system meeting the requirements 

of 40 CFR Part 75, using the procedures in 40 CFR Part 75; or 

(2) for sources not required to use a monitoring system meeting the 

requirements of 40 CFR Part 75 using: 

 (A) 40 CFR Part 75, 

(B) a method in 15A NCAC 2D .0501, or 

(C) the best available heat input data if approved by the Director (the 

Director shall grant approval if he finds that the heat input data is 

the best available). 

(k) Source testing. When compliance with a limitation established for a source 

subject to the requirements of this Section is determined using source testing, the 

source testing shall follow the procedures of Rule .1415 of this Section. 

(l) Alternative monitoring and reporting procedures. The owner or operator of a source 

covered under this Rule, except for sources covered under Rule .1419 of this Section, 

may request alternative monitoring or reporting procedures under Rule .0612, Alternative 

Monitoring and Reporting Procedures. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-

215.107(a)(5), (7), (10); 

Eff. April 1, 1995; 

Amended Eff. April 1, 1999. 

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Temporary Amendment Eff. November 1, 2000; 

Amended Eff. April 1, 2001; 

Temporary Amendment Eff. August 1, 2001; 

Amended Eff. December 1, 2005; January 1, 2005; May 1, 2004; July 15, 

2002.

15A NCAC 02D .1405CIRCUMVENTION

(a) An owner or operator subject to this Section shall not build, erect, install or 

use any article, machine, equipment, process, or method which conceals an 

emission which would otherwise constitute a violation of an applicable rule. 

(b) Paragraph (a) of this Rule includes the use of gaseous diluent to achieve 

compliance and the piecemeal carrying out of an operation to avoid coverage by a 

rule that applies only to operations larger than a specified size. 

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

 Eff. April 1, 1995. 

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[pages D-1400-16 through D-1400-18 reserved] 

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15A NCAC 02D .1406 UTILITY BOILERS (REPEALED)

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

 Eff. April 1, 1995; 

 Temporary Repeal Eff. August 1, 2001; November 1, 2000; 

 Repealed Eff. July 15, 2002. 

15A NCAC 02D .1407 BOILERS AND INDIRECT-FIRED PROCESS 

HEATERS 

(a) The owner or operator of a boiler or indirect-fired process heater subject to 

the requirements of this Section as determined by Rule .1402(d) of this Section 

with a maximum heat input rate of less than or equal to 50 million Btu per hour 

shall comply with the annual tune-up requirements of Rule .1414 of this Section. 

The owner or operator of a boiler or indirect-fired process heater subject to the 

requirements of this Paragraph shall maintain records of all tune-ups performed 

for each source according to Rule .1404 of this Section. 

(b) The owner or operator of a fossil fuel-fired boiler with a maximum heat input 

rate less than or equal to 250 million Btu per hour but greater than 50 million 

Btu per hour, a boiler with a maximum heat input greater than 50 million Btu per 

hour that is not a fossil fuel-fired boiler, or an indirect-fired process heater with a 

maximum heat input greater than 50 million Btu per hour shall comply by: 

(1) installation of, if necessary, combustion modification technology or 

other NOx control technology and maintenance, including annual 

tune-ups and recordkeeping; and 

(2) demonstration through source testing or continuous emission 

monitoring that the source complies with the following applicable 

limitation: 

MAXIMUM ALLOWABLE NOX EMISSION RATES FOR BOILERS AND 

INDIRECT PROCESS HEATERS 

(POUNDS PER MILLION BTU) 

 Firing Method 

Fuel/Boiler Type Tangential Wall Stoker or Other 

Coal (Wet Bottom) 1.0 1.0 N/A 

Coal (Dry Bottom) 0.45 0.50 0.40 

Wood or Refuse 0.20 0.30 0.20 

Oil 0.30 0.30 0.30 

Gas 0.20 0.20 0.20 

(c) If this Rule becomes applicable to a boiler or indirect-fired process heater 

pursuant to Rule .1402(d), and the emissions are greater than the applicable 

limitation in Paragraph (b) of this Rule after reasonable effort as defined in Rule 

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.1401 of this Section, or if the requirements of this Rule are not RACT, the owner 

or operator may petition the Director for an alternative limitation or standard in 

accordance with Rule .1412 of this Section. 

(d) Compliance with the limitation established for a boiler or indirect-fired 

process heater under this Rule shall be determined: 

(1) using a continuous emissions monitoring system for boilers or 

indirect-fired process heaters with a maximum heat input rate 

greater than 250 million Btu per hour; 

(2) using a continuous emission monitoring system if the boiler or 

indirect-fired process heater is required to use a continuous 

emissions monitoring system under Rule .0524 of this Section or 40 

CFR Part 60 to measure emissions of nitrogen oxides; or 

(3) using annual source testing according to Rule .1415 of this Section 

for boilers or indirect-fired process heaters with a maximum heat 

input rate less than or equal to 250 million Btu per hour but greater 

than 50 million BTU per hour with the exception allowed under 

Paragraph (e) of this Rule. 

(e) If a source covered under this rule can burn more than one fuel, the owner or 

operator of the source may choose not to burn one or more of these fuels during 

the ozone season. If the owner or operator chooses not to burn a particular fuel, 

the sources testing required under Subparagraph (d)(3) this Rule shall not be 

required for that fuel. 

(f) If two consecutive annual source tests show compliance, the Director may 

reduce the frequency of testing up to once every five years. In years that a source 

test is not done, the boiler or indirect-fired process heater shall comply with the 

annual tune-up requirements of Rule .1414 of this Section. If after the Director 

reduces the frequency of testing, a source test shows that the emission limit 

under this Rule is exceeded, the Director shall require the boiler or indirect-fired 

process heater to be tested annually until two consecutive annual tests show 

compliance. Then the Director may again reduce the frequency of testing. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.66; 143-215.107(a)(5), 

(7), (10); 

Temporary Amendment Eff. November 1, 2000; 

Eff. April 1, 1995; 

Temporary Amendment Eff. August 1, 2001; 

Amended Eff. July 15, 2002.

15A NCAC 02D .1408 STATIONARY COMBUSTION TURBINES

(a) Unless the owner or operator chooses the option of emission averaging under 

Rule .1410 of this Section, the owner or operator of a stationary combustion 

turbine with a heat input rate greater than 100 million Btu per hour but less than 

or equal to 250 million Btu per hour shall comply with the following limitations: 

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(1) Emissions of NOx shall not exceed 75 ppm by volume corrected to 

15 percent oxygen for gas-fired turbines or 

(2) Emissions of NOx shall not exceed 95 ppm by volume corrected to 

15 percent oxygen for oil-fired turbines. 

If necessary, the owner or operator shall install combustion modification 

technology or other NOx control technology to comply with the applicable 

limitation set forth in this Paragraph. 

(b) If this Rule becomes applicable to a stationary combustion turbine pursuant 

to Rule .1402(d), and the emissions are greater than the applicable limitation in 

Paragraph (a) of this Rule after reasonable effort as defined in Rule .1401 of this 

Section, or if the requirements of this Rule are not RACT for the particular 

stationary combustion turbine, the owner or operator may petition the Director 

for an alternative limitation or standard according to Rule .1412 of this Section. 

(c) Compliance with the limitation established for a stationary combustion 

turbine under this Rule shall be determined: 

(1) using a continuous emissions monitoring system or 

(2) using annual source testing according to Rule .1415 of this Section. 

(d) If a source covered under this rule can burn more than one fuel, the owner or 

operator of the source may choose not to burn one or more of these fuels during 

the ozone season. If the owner or operator chooses not to burn a particular fuel, 

the sources testing required under this Rule shall not be required for that fuel. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.66; 143-215.107(a)(5), 

(7), (10); 

Eff. April 1, 1995; 

Temporary Amendment Eff. . August 1, 2001; November 1, 

2000; 

Amended Eff. July 15, 2002.

15A NCAC 02D .1409 STATIONARY INTERNAL COMBUSTION 

ENGINES

(a) The owner or operator of a stationary internal combustion engine having a 

rated capacity of 650 horsepower or more that is not covered under Paragraph 

(b) of this Rule or Rule .1418 of this Section shall not allow emissions of NOx from 

the stationary internal combustion engine to exceed the following limitations: 

MAXIMUM ALLOWABLE NOX EMISSION RATES FOR 

STATIONARY INTERNAL COMBUSTION ENGINES 

(GRAMS PER HORSEPOWER HOUR) 

Engine Type Fuel Type Limitation 

Rich-burn Gaseous 2.5 

Lean-burn Gaseous 2.5 

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Compression Ignition Liquid 8.0 

(b) Engines identified in the table in this Paragraph shall not exceed the 

emission limit in the table during the ozone season; for the 2002 and 2003 ozone 

season, there shall not be any restrictions on emissions of nitrogen oxides from 

these engines under this Rule. 

SUM OF MAXIMUM ALLOWABLE OZONE SEASON NOx EMISSIONS 

(tons per ozone season) 

FACILITY REGULATED 

SOURCES 

ALLOWABLE 

EMISSIONS 

2004 

ALLOWABLE 

EMISSIONS 

2005 

ALLOWABLE 

EMISSIONS 

2006 and later 

Transcontinental Gas 

Pipeline Station 150 

Mainline engines 

#12, 13, 14, and 15 311 189 76 

Transcontinental Gas 

Pipeline Station 155 

Mainline engines 

#2, 3, 4, 5, and 6 509 314 127 

Transcontinental Gas 

Pipeline Station 160 

Mainline engines 

#11, 12, 13, 14, and 

15 

597 367 149 

Compliance shall be determined by summing the actual emissions from the 

engines listed in the table at each facility for the ozone season and comparing 

those sums to the limits in the table. Compliance may be achieved through 

trading under Paragraph (g) of this Rule if the trades are approved before the 

ozone season. 

(c) If this Rule becomes applicable to a stationary internal combustion engine 

pursuant to Rule .1402(d), then, if after reasonable effort as defined in Rule .1401 

of this Section, the emissions from that stationary internal combustion engine are 

greater than the applicable limitation in Paragraph (a) of this Rule, or if the 

requirements of this Rule are not RACT for the particular stationary internal 

combustion engine, the owner or operator may petition the Director for an 

alternative limitation or standard according to Rule .1412 of this Section. 

(d) For the engines identified in Paragraph (b) of this Rule and any engine 

involved in emissions trading with one or more of the engines identified in 

Paragraph (b) of this Rule, the owner or operator shall determine compliance 

using: 

(1) a continuous emissions monitoring system which meets the 

applicable requirements of Appendices B and F of 40 CFR part 60 

and Rule .1404 of this Section; or 

(2) an alternate monitoring and recordkeeping procedure based on 

actual emissions testing and correlation with operating parameters. 

The installation, implementation, and use of this alternate procedure allowed 

under Subparagraph (d)(2) of this Paragraph shall be approved by the Director 

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before it may be used. The Director may approve the alternative procedure if he 

finds that it can show the compliance status of the engine. 

(e) If a stationary internal combustion engine is permitted to operate more than 

475 hours during the ozone season, compliance with the limitation established 

for a stationary internal combustion engine under Paragraph (a) of this Rule shall 

be determined using annual source testing according to Rule .1415 of this Section. 

If a source covered under this rule can burn more than one fuel, then the owner 

or operator of the source may choose not to burn one or more of these fuels 

during the ozone season. If the owner or operator chooses not to burn a 

particular fuel, the source testing required under this Rule shall not be required 

for that fuel. 

(f) If a stationary internal combustion engine is permitted to operate no more 

than 475 hours during the ozone season, the owner or operator of the stationary 

internal combustion engine shall show compliance with the limitation under 

Paragraph (a) of this Rule with source testing during the first ozone season of 

operation according to Rule .1415 of this Section. Each year after that, the owner 

or operator of the stationary internal combustion engine shall comply with the 

annual tune-up requirements of Rule .1414 of this Section. 

(g) The owner or operator of a source covered under Paragraph (b) of this Rule 

may offset part or all of the emissions of that source by reducing the emissions of 

another stationary internal combustion engine at that facility by an amount equal 

to or greater than the emissions being offset. Only actual decreased emissions 

that have not previously been relied on to comply with Subchapter 2D or 2Q of 

this Title or Title 40 of the Code of Federal Regulations can be used to offset the 

emissions of another source. The person requesting the offset shall submit the 

following information to the Director: 

(1) identification of the source, including permit number, providing the 

offset and what the new allowable emission rate for the source will 

be; 

(2) identification of the source, including permit number, receiving the 

offset and what the new allowable emission rate for the source will 

be; 

(3) the amount of allowable emissions in tons per ozone season being 

offset; 

(4) a description of the monitoring, recordkeeping, and reporting that 

shall be used to show compliance; and 

(5) documentation that the offset is an actual decrease in emissions 

that has not previously been relied on to comply with Subchapter 

2D or 2Q of this Title or Title 40 of the Code of Federal Regulations. 

The Director may approve the offset if he finds that all the information required 

by this Paragraph has been submitted and that the offset is an actual decrease in 

emissions that have not previously been relied on to comply with Subchapter 2D 

or 2Q of this Title or Title 40 of the Code of Federal Regulations. If the Director 

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approves the offset, he shall put the new allowable emission rates in the 

respective permits. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.66; 143-

215.107(a)(5), (7), (10); 

Temporary Amendment Eff. November 1, 2000; 

Eff. April 1, 1995; 

Temporary Amendment Eff. August 1, 2001; 

Amended Eff. June 1, 2004; July 15, 2002.

15A NCAC 02D .1410 EMISSIONS AVERAGING

(a) This Rule shall not apply to sources covered under Rule .1416, .1417, or .1418 

of this Section. Sources that have obtained an alternative limitation as provided 

by Rule .1412 of this Section or that apply seasonal fuel switching as provided by 

Rule .1411 of this Section are not eligible to participate in an emissions averaging 

plan under this Rule. 

(b) With the exceptions in Paragraph (a) of this Rule, the owner or operator of a 

facility with two or more sources with comparable plume rise and subject to the 

requirements of this Section for all such sources as determined by Rule .1402 of 

this Section may elect to apply an emissions averaging plan according to 

Paragraph (c) of this Rule. An emission averaging plan may be used if the total 

NOx emissions from the averaged set of sources based on the total heat input are 

equal to or less than the NOx emissions that would have occurred if each source 

complied with the applicable limitation. 

(c) To request approval of an emissions averaging plan to comply with the 

requirements of this Section, the owner or operator of a facility shall submit a 

written request to the Director including the following information: 

(1) the name and location of the facility; 

(2) information identifying each source to be included under the 

averaging plan; 

(3) the maximum heat input rate for each source; 

(4) the fuel or fuels combusted in each source; 

(5) the maximum allowable NOx emission rate proposed for each 

averaging source; 

(6) a demonstration that the nitrogen oxide emissions of the sources 

being averaged when operated together at the maximum daily heat 

input rate, will be less than or equal to the total NOx emissions if 

each source complied with the applicable limitation of this Section 

individually; 

(7) an operational plan to provide reasonable assurance that the 

sources being averaged will satisfy Subparagraph (5) of this 

Paragraph when the combined maximum daily heat input rate is 

less than the permitted maximum heat input rate; and 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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(8) the method to be used to determine the actual NOx emissions from 

each source. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.107(a)(5), 

(7), (10); 

Temporary Amendment Eff. August 1, 2001; November 1, 2000; 

Eff. April 1, 1995; 

Amended Eff. July 15, 2002. 

15A NCAC 02D .1411 SEASONAL FUEL SWITCHING

(a) This Rule shall not apply to sources covered under Rule .1416, .1417, or .1418 

of this Section. 

(b) The owner or operator of a coal-fired or oil-fired boiler subject to the 

requirements of Rule .1407 of this Section may elect to comply by applying 

seasonal combustion of natural gas according to Paragraph (c) of this Rule. This 

option is not available to a boiler that used natural gas as its primary fuel in or 

since 1990. Compliance with this Section according to this Rule does not remove 

or reduce any applicable requirement of the Acid Rain Program. 

(c) The owner or operator electing to comply with the requirements of this 

Section through the seasonal combustion of natural gas shall establish a NOx

emission limit beginning October 1 and ending April 30 that will result in annual 

NOx emissions of less than or equal to the NOx that would have been emitted if 

the source complied with the applicable limitation for the combustion of coal for 

the entire calendar year. Compliance with this Section according to this Rule 

does not remove or reduce any applicable requirement of the Acid Rain Program. 

(d) To comply with the requirements of this Section through the seasonal 

combustion of natural gas, the owner or operator shall submit to the Director the 

following information: 

(1) the name and location of the facility; 

(2) information identifying the source to use seasonal combustion of 

natural gas for compliance; 

(3) the maximum heat input rate for each source; 

(4) a demonstration that the source will comply with the applicable 

limitation for the combustion of coal during the ozone season 

(5) a demonstration that the source will comply with the NOx emission 

limitation established under Paragraph (c) of this Rule beginning 

October 1 and ending April 30; and 

(6) a written statement from the natural gas supplier providing 

reasonable assurance that the fuel will be available beginning 

during the ozone season. 

History Note: Authority G.S. 143-215.3(a)(1) 143-215.65; 143-215.107(a)(5), (7), 

(10); 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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Eff. April 1, 1995; 

Temporary Amendment Eff November 1, 2000; 

Amended Eff. April 1, 2001; 

Temporary Amendment Eff August 1, 2001;

Amended Eff. July 15, 2002. 

15A NCAC 02D .1412 PETITION FOR ALTERNATIVE LIMITATIONS

(a) If the owner or operator of a source subject to the requirements of Rule .1407, 

.1408, or .1409(a) of this Section: 

(1) cannot achieve compliance with the applicable limitation after 

reasonable effort to satisfy the requirements of Rules .1407, .1408, 

or .1409 of this Section or if the requirements of Rules .1407, .1408, 

or .1409 of this Section are not RACT for the particular source; and 

(2) cannot provide reasonable assurance for overall compliance at a 

facility through the implementation of an emissions averaging plan 

as provided for in Rule .1410 of this Section; 

the owner or operator may petition the Director for an alternative limitation 

according to Paragraph (b) or (c) of this Rule. 

(b) To petition the Director for an alternative limitation, the owner or operator of 

the source shall submit; 

(1) the name and location of the facility; 

(2) information identifying the source for which an alternative 

limitation is being requested; 

 (3) the maximum heat input rate for the source; 

 (4) the fuel or fuels combusted in the source; 

(5) the maximum allowable NOx emission rate proposed for the source 

for each fuel; 

(6) a demonstration that the source has satisfied the requirements to 

apply for an alternative limitation under Paragraph (a) of this Rule; 

and 

(7) a demonstration that the proposed alternative limitation is RACT 

for that source. 

(c) If the source is required to comply with best achievable control technology 

under Rule .0530, Prevention of Significant Deterioration, of this Subchapter, the 

owner or operator of the source shall provide the information required under 

Subparagraphs (b)(1) through (6) of this Rule and documentation that the source 

is required to use best available control technology and is complying with that 

requirement. For this source, its best available control technology shall be 

considered RACT without any further demonstrations. 

(d) The Director shall approve the alternative limitation if he finds that: 

(1) all the information required by Paragraph (b) of this Rule has been 

submitted, 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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(2) the requirements of Paragraph (a) of this Rule have been satisfied, 

and 

 (3) the proposed alternative limitation is RACT for that source. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-

215.107(a)(5), (7), (10); 

Eff. April 1, 1995; 

Temporary Amendment Eff. .August 1, 2001; November 1, 2000; 

Amendment Eff. July 15, 2002.

15A NCAC 02D .1413 SOURCES NOT OTHERWISE LISTED IN THIS 

SECTION

(a) The owner or operator of any source of nitrogen oxides, except boilers, 

indirect-fired process heaters, stationary combustion turbines, or stationary 

internal combustion engines, at a facility that has the potential to emit 100 tons 

per year or more of nitrogen oxides or 560 pounds per calendar day or more 

from May 1 through September 30 shall apply RACT according to Paragraph (b) 

of this Rule. 

(b) To apply RACT to a source of nitrogen oxides covered under this Rule, the 

owner or operator of the source shall submit; 

(1) the name and location of the facility; 

(2) information identifying the source for which RACT is being 

proposed; 

(3) a demonstration that shows the proposed limitation is RACT for the 

source and 

(4) a proposal for demonstrating compliance with the proposed RACT. 

(c) The Director shall approve the proposed limitation if he finds that: 

(1) the owner or operator of the source has submitted all the 

information required under Paragraph (b), 

 (2) the sources is covered under this Rule, and 

 (3) the proposed limitation is RACT for this source. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 

143-215.107(a)(5), (7), (10); 

Eff. April 1, 1995; 

Temporary Amendment Eff. August 1, 2001; November 1, 2000; 

Amended Eff. July 15, 2002.

15A NCAC 02D .1414 TUNE-UP REQUIREMENTS 

(a) This Rule applies to boilers and indirect-fired process heaters subject to the 

requirements of Rule .1407 of this Section or stationary internal combustion 

engines subject to the requirements of Rule .1409 of this Section that are 

complying with Rules .1407 or .1409 of this Section through an annual tune-up. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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June 15, 2007
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(b) When a tune-up to a boiler or indirect-fired process heater is required for 

compliance with this Section, the owner or operator shall at least annually and 

according to the manufacturer’s recommendations: 

(1) inspect each burner and clean or replace any component of the 

burner as required; 

(2) inspect the flame pattern and make any adjustments to the burner, 

or burners, necessary to optimize the flame pattern to minimize 

total emissions of NOx and carbon monoxide; 

(3) inspect the combustion control system to ensure proper operation 

and correct calibration of components that control the air to fuel 

ratio and adjust components to meet the manufacturer’s 

established operating parameters; and 

(4) inspect any other component of the boiler or indirect-fired process 

heater and make adjustments or repairs as necessary to improve 

combustion efficiency. The owner or operator shall perform the 

tune-up according to a unit specific protocol approved by the 

Director. The Director shall approve the protocol if it meets the 

requirements of this Rule. 

(c) When a tune-up to a stationary internal combustion engine is required for 

compliance with this Section, the owner or operator shall at least annually 

inspect , adjust, and repair or replace according to the manufacturer’s 

recommendation, the following, as equipped: 

(1) engine air cleaners, fuel filters, and water traps; 

(2) turbochargers and superchargers; 

(3) spark plugs; 

(4) valve lash; 

(5) ignition systems, including ignition coils and wiring; 

(6) aftercooler cores; 

(7) any other component of the engine as necessary to improve engine 

efficiency; and 

(8) emission control systems. 

The owner or operator shall perform the tune-up according to a unit specific 

protocol, including inspection, maintenance, and performance procedures as 

recommended by the manufacturer, approved by the Director. The Director shall 

approve the protocol if it meets the requirements of this Rule. 

(d) The owner or operator shall maintain records of tune-ups performed to 

comply with this Section according to Rule .1404 of this Section. The following 

information shall be included for each source: 

(1) identification of the source; 

(2) the date and time the tune-up started and ended; 

(3) the person responsible for performing the tune-up; 

(4) for boilers and indirect-fired process heaters, the checklist for 

inspection of the burner, flame pattern, combustion control system, 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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June 15, 2007
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and all other components of the boiler or indirect-fired process 

heater identified in the protocol, noting any repairs or replacements 

made; 

(5) for stationary internal combustion engines, the checklist for engine 

air cleaners, turbochargers, sparkplugs, valve lash, ignition coils 

and wiring, aftercooler cores, and all other components of the 

engine identified in the protocol, noting any repairs or 

replacements made. 

(6) any stack gas analyses performed after the completion of all 

adjustments to show that the operating parameters of the boiler, 

indirect-fired process heater, or stationary internal combustion 

engine have been optimized with respect to fuel consumption and 

output; at a minimum these parameters shall be within the range 

established by the equipment manufacturer to ensure that the 

emission limitation for nitrogen oxides has not been exceeded; and 

(7) any other information requested by the Director to show that the 

boiler, indirect-fired process heater, or stationary internal 

combustion engine is being operated and maintained in a manner 

to minimize the emissions of nitrogen oxides. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-

215.107(a)(5), (7), (10); 

Eff. April 1, 1995; 

Temporary Amendment Eff. August 1, 2001; November 1, 2000; 

Amended Eff. July 15, 2002.

15A NCAC 02D .1415 TEST METHODS AND PROCEDURES

(a) For stationary combustion turbines, Method 20 at 40 CFR Part 60, Appendix 

A or other equivalent method approved by Director shall be used when source 

testing is used to demonstrate compliance with a limitation established according 

to this Section. For all other sources, Method 7E or Method 19 at 40 CFR Part 60, 

Appendix A or other equivalent method approved by the Director shall be used 

when source testing is used to demonstrate compliance with a limitation 

established according to this Section. The procedures specified in Methods 1, 2, 

2F, 2G, 3, 3A, 3B, and 4 of 40 CFR Part 60, Appendix A, shall be used to measure 

velocity, flow rate, and molecular weight and to calculate heat input, as necessary, 

to determine compliance. 

(b) When compliance with a limitation established according to this Section is 

determined using source testing, such testing shall be conducted according to this 

Rule. 

(c) Before conducting a source test, the owner or operator of the sources to be 

tested shall submit to the Director a testing protocol describing what is to be 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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June 15, 2007
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tested and the test method or methods that will be used. The Director shall 

approve or disapprove the protocol within 45 days after receipt. 

(d) The owner or operator shall notify the Director and obtain the Director's 

approval at least 21 days before beginning a test to demonstrate compliance with 

this Section so that the Division may observe the test. The notification required 

by this Paragraph shall include: 

(1) a statement of the purpose of the proposed test; 

(2) the location and a description of the facility where the test is to take 

place; 

(3) the proposed test method and a description of the test procedures, 

equipment, and sampling points; and 

(4) a schedule setting forth the dates that: 

(A) the test will be conducted and data collected; 

(B) the final test report will be submitted. 

(e) The final test report shall be submitted to the Director no later than 45 days 

after the test data have been collected. 

(f) The owner or operator shall be responsible for all costs associated with any 

tests required to demonstrate compliance with this Section. 

(g) The owner or operator shall maintain records of tests performed to 

demonstrate compliance with this Section according to Rule .1404 of this Section. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-

215.107(a)(5), (7), (10); 

Temporary Amendment Eff. November 1, 2000; 

Eff. April 1, 1995; 

Temporary Amendment Eff. August 1, 2001; 

Amended Eff. July 15, 2002. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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[pages D-1400-32 through D-1400-34 

reserved] 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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15A NCAC 2D .1416 EMISSION ALLOCATIONS FOR UTILITY 

COMPANIES 

(a) After November 1, 2000 but before the EPA promulgation of revisions to 40 

CFR Part 51, Subpart G, revising the nitrogen oxide budget for North Carolina, 

the following limits apply: 

(1) Carolina Power & Light. The total emissions from all the coal-fired 

boilers and combustion turbines that are not listed in Rule .1417 of 

this Section at Carolina Power & Light Company’s Asheville, Cape 

Fear, Lee, Mayo, Roxboro, Sutton, and Weatherspoon facilities shall 

not exceed: 

(A) 12,019 tons per ozone season for 2004; 

(B) 15,566 tons per ozone season for 2005; 

(C) 14,355 tons per ozone season for 2006 and each year 

thereafter until revised according to Rule .1420 of this 

Section; and 

Furthermore, except as allowed under Paragraph (d) of this Rule, 

individual sources at these facilities named in the table in this 

Subparagraph shall not exceed during the ozone season the 

nitrogen oxide emission allocations in the table. 

FACILITY SOURCE EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2006 

and later 

Asheville, 1 551 714 659 

Buncombe Co. 2 538 697 643 

Cape Fear 5 286 371 342 

Chatham Co 6 406 526 485 

1 145 188 173 

2 159 206 190 

Lee 

Wayne Co 

3 465 603 556 

Mayo 

Person Co 

1 1987 2572 2373 

1 861 1115 1028 

2 1602 2075 1914 

3 1773 2295 2116 

Roxboro 

Person Co 

4 1698 2199 2028 

1 182 236 217 

2 198 256 236 

L V Sutton 

New Hanover 

Co. 3 806 1044 962 

1 85 110 102 

2 97 125 116 

Weatherspoon 

 Robeson Co. 

3 180 234 215 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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(2) Duke Power. The total emissions from all the coal-fired boilers and 

combustion turbines that are not listed in Rule .1417 of this Section 

at Duke Power Company’s Allen, Belews Creek, Buck, Cliffside, Dan 

River, Marshall, and Riverbend facilities shall not exceed: 

(A) 17,816 tons per ozone season for 2004; 

(B) 23,072 tons per ozone season for 2005; 

(C) 21,278 tons per ozone season for .2006 and each year 

thereafter until revised according to Rule .1420 of this 

Section; and 

Furthermore, except as allowed under Paragraph (d) of this Rule, individual 

sources at these facilities named in the table in this Subparagraph shall not 

exceed during the ozone season the nitrogen oxide emission allocations in the 

table. 

FACILITY SOURCE EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

EMISSION 

ALLOCATIONS 

(tons/season) 

2005 

EMISSION 

ALLOCATIONS 

(tons/season) 

2006 and later 

1 350 453 418 

2 355 460 424 

3 590 764 705 

4 528 683 630 

G G Allen 

Gaston Co. 

5 678 748 690 

Belews Creek 1 2591 3356 3095 

Stokes Co. 2 3020 3911 3608 

5 66 86 79 

6 73 95 87 

7 78 101 93 

8 319 413 381 

Buck 

Rowan Co. 

9 337 437 403 

1 76 98 91 

2 82 106 98 

3 107 138 128 

4 120 156 144 

Cliffside 

Cleveland and 

Rutherford Co. 

5 1326 1717 1584 

1 132 171 157 

2 144 186 172 

Dan River 

Rockingham 

Co. 

3 304 394 363 

1 1011 1309 1207 

2 1056 1367 1261 

3 1784 2311 2131 

Marshall 

Catawba Co. 

4 1764 2285 2107 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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FACILITY SOURCE EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

EMISSION 

ALLOCATIONS 

(tons/season) 

2005 

EMISSION 

ALLOCATIONS 

(tons/season) 

2006 and later 

10 299 387 357 

7 216 280 258 

8 225 291 268 

Riverbend 

Gaston Co. 

9 285 369 340 

(b) After November 1, 2000, and after any EPA promulgation of revisions to 40 

CFR Part 51, Subpart G, revising the nitrogen oxide budget for North Carolina, 

the following limits apply: 

(1) Carolina Power & Light. The total emissions from all the coal-fired 

boilers and combustion turbines that are not listed in Rule .1417 of 

this Section at Carolina Power & Light Company’s Asheville, Cape 

Fear, Lee, Mayo, Roxboro, Sutton, and Weatherspoon facilities shall 

not exceed: 

(A) 12,019 tons per ozone season in 2004; 

(B) 15,024 tons per ozone season for 2005; 

(C) 11,320 tons per ozone season for 2006 and each year 

thereafter until revised according to Rule .1420 of this 

Section; and 

Furthermore, except as allowed under Paragraph (d) of this Rule, individual 

sources at these facilities named in the table in this Subparagraph shall not 

exceed during the ozone season the nitrogen oxide emission allocations in the 

table. 

FACILITY SOURCE EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2004 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2006 and later 

Asheville 1 551 689 519 

Buncombe Co 2 538 672 507 

Cape Fear 5 286 358 270 

 Chatham Co 6 406 508 382 

1 145 182 137 

2 159 199 150 

Lee 

 Wayne Co. 

3 465 582 438 

Mayo 

Person Co 

1 1987 2483 1872 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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June 15, 2007
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FACILITY SOURCE EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2004 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2006 and later 

1 861 1076 811 

2 1602 2003 1509 

3 1773 2215 1669 

Roxboro 

Person Co 

4 1698 2122 1599 

1 182 228 171 

2 198 247 186 

L V Sutton 

New Hanover 

Co. 3 806 1007 759 

1 85 107 80 

2 97 121 91 

Weatherspoon 

 Robeson Co. 

3 180 225 170 

(2) Duke Power. The total emissions from all the coal-fired boilers and 

combustion turbines that are not listed in Rule .1417 of this Section 

at Duke Power Company’s Allen, Belews Creek, Buck, Cliffside, Dan 

River, Marshall, and Riverbend facilities shall not exceed: 

(A) 17,816 tons per ozone season; 

(B) 22,270 tons per ozone season for 2005; 

(C) 16,780 tons per ozone season for 2006 and each year 

thereafter until revised according to Rule .1420 of this 

Section; and 

Furthermore, except as allowed under Paragraph (d) of this Rule, individual 

sources at these facilities named in the table in this Subparagraph shall not 

exceed during the ozone season the nitrogen oxide emission allocations in the 

table. 

FACILITY SOURCE EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2006 and later 

1 350 437 329 

2 355 444 334 

3 590 737 556 

4 528 660 497 

G G Allen 

Gaston Co. 

5 578 722 544 

Belews Creek 1 2591 3239 2441 

Stokes Co. 2 3020 3775 2846 

Buck 5 66 83 63 

Rowan Co. 6 73 91 69 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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FACILITY SOURCE EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2006 and later 

7 78 97 73 

8 319 399 300 

9 337 422 318 

1 76 95 71 

2 82 102 77 

3 107 134 101 

4 120 150 113 

Cliffside 

Cleveland and 

Rutherford Co. 

5 1326 1658 1249 

1 132 165 124 

2 144 180 135 

Dan River 

Rockingham 

Co. 3 304 380 286 

1 1011 1263 952 

2 1056 1320 994 

3 1784 2230 1680 

Marshall 

Catawba Co. 

4 1764 2206 1662 

10 299 374 282 

7 216 270 204 

8 225 281 212 

Riverbend 

Gaston Co. 

9 285 356 268 

(c) Posting of emission allocation. The Director shall post the emission 

allocations for sources covered under this Rule on the Division’s web page. 

(d) Trading. Sources shall comply with the requirements of this Rule using the 

nitrogen oxide budget trading program set out in Rule .1419 of this Section. 

(e) Monitoring. The owner or operator of a source subject to this Rule shall show 

compliance using a continuous emission monitor that meets the requirements of 

40 CFR Part 75, Subpart H, with such exceptions as allowed under 40 CFR Part 

75, Subpart H or 40 CFR Part 96. 

(f) Operation of control devices. All emission control devices and techniques 

installed to comply with this Rule shall be operated during the ozone season in 

the manner in which they are designed and permitted to be operated. 

(g) Days of violations. For the purposes of this Rule, the number of days of 

violation for a source shall be determined after the end of the ozone season as 

follows: 

(1) To the source’s allocation in this Rule, the allocations acquired 

before December 1 of that year under Rule .1419 of this Section are 

added and the allocations transferred before December 1 of that 

year under Rule .1419 of this Section are subtracted. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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(2) The value calculated under Subparagraph (1) of this Paragraph is 

compared to the actual emissions from the source for the ozone 

season. If the value calculated under Subparagraph (1) of this 

Paragraph is greater than or equal to the actual emissions from the 

source for the ozone season, the source is in compliance. If the 

value calculated under Subparagraph (1) of this Paragraph is less 

than the actual emissions from the source for the ozone season, the 

source is not in compliance. 

(3) If the source is not in compliance, beginning with September 30, 

the actual emissions for that day and each preceding day are 

subtracted from the actual emissions for the ozone season until the 

value calculated under Subparagraph (1) of this Paragraph is 

greater than or equal to the actual emissions. Each day that the 

source operated after this day to September 30 is a day of violation. 

(h) Modification and reconstruction. The modification or reconstruction of a 

source covered under this Rule shall not make that source a “new” source under 

this Rule. A source that is modified or reconstructed shall retain its emission 

allocations under Paragraph (a) or (b) of this Rule. 

(i) Additional controls. The Environmental Management Commission may 

specify through rulemaking a specific emission limit lower than that established 

under this Rule for a specific source if compliance with the lower emission limit is 

required as part of the State Implementation Plan to attain or maintain the 

ambient air quality standard for ozone. 

History Note: Authority G.S. 143-215.3(a)(1);143-215.107(a)(5), (7), (10); 

Temporary Adoption Eff. November 1, 2000; 

Eff. April 1, 2001; 

Temporary Amendment Eff. August 1, 2001; 

Amended Eff. June 1, 2004; July 15, 2002.

15A NCAC 02D .1417 EMISSION ALLOCATIONS FOR LARGE 

COMBUSTION SOURCES

(a) Applicability. This rule applies to the sources listed in Paragraph (b) of this 

Rule or to the following types of sources that are permitted before November 1, 

2000, and are not covered under Rule .1416 of this Section: 

(1) fossil fuel-fired stationary boilers, combustion turbines, or 

combined cycle systems serving a generator with a nameplate 

capacity greater than 25 megawatts electrical and selling any 

amount of electricity; or 

(2) fossil fuel-fired stationary boilers, combustion turbines, or 

combined cycle systems having a maximum design heat input 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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June 15, 2007
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S 43 

greater than 250 million Btu per hour that are not covered under 

Subparagraph (1) of this Paragraph. 

(b) Initial emission allocations. 

(1) After November 1, 2000 but before the EPA promulgation of 

revisions to 40 CFR Part 51, Subpart G, revising the nitrogen oxide 

budget for North Carolina, the emission allocations in the tables in 

this Subparagraph shall apply. Except as allowed under Paragraph 

(d) of this Rule, sources named in the tables in this Subparagraph 

shall not exceed during the ozone season the nitrogen oxide (NOx) 

emission allocations in the tables until revised according to Rule 

.1420 of this Section: 

ELECTRICAL GENERATING UNITS 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2005 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2006 

and later 

Combustion 

Turbine 1 27 33 49 

Combustion 

Turbine 2 27 33 49 

Combustion 

Turbine 3 27 33 49 

Combustion 

Turbine 6 28 35 52 

Combustion 

Turbine 7 27 33 49 

Combustion 

Turbine 8 27 33 49 

Combustion 

Turbine 4 34 43 63 

Butler Warner 

Generating, 

Cumberland Co. 

Combustion 

Turbine 5 35 43 63 

Cogentrix-Rocky 

Mount, Edgecombe 

Co. 

Boiler ST 

unt 

319 398 351 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 165 

 Appendix M 

June 15, 2007
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NORTH CAROLINA ADMINISTRATIVE CODE D-1400-42

S 43 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2005 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2006 

and later 

CogentrixElizabethtown, 

Bladen Co. 

Coal boiler 

ST-own 

115 143 126 

CogentrixKenansville, Duplin 

Co. 

Stoker 

boiler STLLE 

103 128 113 

CogentrixLumberton, 

Robeson Co. 

Coal boiler 

ST-TON 114 142 125 

Cogentrix-Roxboro, 

Person Co. 

ST-ORO 

175 218 192 

CogentrixSouthport, 

Brunswick Co. 

ST-ORT 

356 443 391 

Combustion 

Turbine 1 

18 23 23 

Combustion 

Turbine 2 

18 23 23 

Combustion 

Turbine 3 

18 23 23 

Combustion 

Turbine 4 

18 23 23 

Combustion 

Turbine 5 

18 23 23 

Combustion 

Turbine 6 

18 23 23 

Duke Power, 

Lincoln 

Duke Power, 

Lincoln 

Combustion 

Turbine 7 

18 23 23 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 166 

 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .1400 

NORTH CAROLINA ADMINISTRATIVE CODE D-1400-43

S 43 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2005 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2006 

and later 

Combustion 

Turbine 8 

18 23 23 

Combustion 

Turbine 9 

18 23 23 

Combustion 

Turbine 10 

18 23 23 

Combustion 

Turbine 11 

18 23 23 

Combustion 

Turbine 12 

18 23 23 

Combustion 

Turbine 13 

18 23 23 

Combustion 

Turbine 14 

18 23 23 

Combustion 

Turbine 15 

18 23 23 

Combustion 

Turbine 16 

19 24 24 

Panda-Rosemary, CT-ary 35 43 32 

Halifax Co. CW-ary 

25 31 23 

1 

447 557 492 

Roanoke Valley, 

Halifax Co. 

2 

142 178 167 

 Boiler 1 194 243 64 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 167 

 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .1400 

NORTH CAROLINA ADMINISTRATIVE CODE D-1400-44

S 43 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2005 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2006 

and later 

Boiler 2 218 273 64 

Boiler 3 178 223 64 

RJ Reynolds 

Tobbaccoville 

Facility, Forsyth 

Co. 

Boiler 4 190 238 64 

 Boiler no. 

UNC-CH, Orange 5, 6, and 7 116 145 128 

Co. 

Boiler no. 8 120 150 113 

 

Combustion 

Turbine 10 

25 31 31 

Combustion 

Turbine 11 

25 31 31 

Combustion 

Turbine 12 

92 115 115 

CP&L, Lee Plant, 

Wayne County 

Combustion 

Turbine 13 

92 115 115 

Combustion 

Turbine 1 

34 42 42 

Combustion 

Turbine 2 

33 42 42 

Combustion 

Turbine 3 

33 42 42 

Dynegy, 

Rockingham 

County 

Combustion 

Turbine 4 

33 41 41 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 168 

 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .1400 

NORTH CAROLINA ADMINISTRATIVE CODE D-1400-45

S 43 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2005 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2006 

and later 

Combustion 

Turbine 5 

33 41 41 

Combustion 

Turbine 1 

22 27 27 

Combustion 

Turbine 2 

22 27 27 

Combustion 

Turbine 3 

22 27 27 

Combustion 

Turbine 4 

21 27 27 

CP&L, Woodleaf, 

Rowan County 

Combustion 

Turbine 5 

22 27 27 

Combustion 

Turbine 1 

22 27 27 

Combustion 

Turbine 2 

22 27 27 

Combustion 

Turbine 3 

22 27 27 

Combustion 

Turbine 4 

22 27 27 

Combustion 

Turbine 5 

21 27 27 

CP&L, Mark’s 

Creek, Richmond 

County 

Combustion 

Turbine 6 

21 27 27 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 169 

 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .1400 

NORTH CAROLINA ADMINISTRATIVE CODE D-1400-46

S 43 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2005 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2006 

and later 

Combustion 

Turbine 7 

22 28 28 

Combustion 

Turbine 

60 75 75 

CP&L, Asheville, 

Buncombe County 

Combustion 

Turbine 

60 75 75 

NON-ELECTRICAL GENERATING UNITS 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2006 and 

later 

Riley boiler 

Weyerhaeuser 566 709 379 

Paper Co., Martin 

Co. Package 

boiler 

 20 25 25 

Pulverized 

coal dry 

bottom 

boiler – Big 

Bill 

 212 265 141 

Blue Ridge Paper 

Products, Haywood 

Co. 

Pulverized 

coal dry 

bottom 

boiler – 

Peter G 

 187 234 125 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 170 

 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .1400 

NORTH CAROLINA ADMINISTRATIVE CODE D-1400-47

S 43 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2006 and 

later 

Pulverized 

coal dry 

bottom 

boiler – 

Riley Coal 

 358 447 239 

Pulverized 

coal, wet 

bottom 

boiler – No. 

4 

 365 456 244 

Boiler – 

Riley Bark 

 135 169 90 

International Paper 

Corp., Halifax Co. 

Wood/ 

bark, no. 6 

oil, 

pulverized 

coal dry 

bottom 

boiler 

 518 648 346 

#1 power 

boiler 

Weyerhaeuser Co. 181 226 121 

New Bern Mill, 

Craven Co. #2 power 

boiler 

58 72 72 

No. 3 

Power 

Boiler 

126 158 84 

International. 

Paper, Columbus 

Co. No. 4 

Power 

Boiler 

 334 418 223 

Fieldcrest-Cannon, 

Plant 1 Cabarrus Co. 

Boiler 174 217 116 

(2) After November 1, 2000, and after any EPA promulgation of 

revisions to 40 CFR Part 51, Subpart G, revising the nitrogen oxide 

budget for North Carolina, the emission allocations in the tables in 

this Subparagraph shall apply. Except as allowed under Paragraph 

(d) of this Rule, sources named in the tables in this Subparagraph 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 171 

 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .1400 

NORTH CAROLINA ADMINISTRATIVE CODE D-1400-48

S 43 

shall not exceed during the ozone season the nitrogen oxide (NOx) 

emission allocations in the tables until revised according to Rule 

.1420 of this Section: 

ELECTRIC GENERATING UNITS 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2004 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

NOX

EMISSIONS 

ALLOCATIONS 

(tons/ozone 

season) 

2006 and 

later 

Combustion 

Turbine 1 

27 33 49 

Combustion 

Turbine 2 

27 33 49 

Combustion 

Turbine 3 

27 33 49 

Combustion 

Turbine 6 

28 35 52 

Combustion 

Turbine 7 

27 33 49 

Combustion 

Turbine 8 

27 33 49 

Combustion 

Turbine 4 

34 

43 

63 

Butler Warner 

Generating, 

Cumberland Co. 

Combustion 

Turbine 5 

35 43 63 

Cogentrix-Rocky 

Mount, 

Edgecombe Co. 

Boiler STunt 319 398 351 

CogentrixElizabethtown, 

Bladen 

Coal boiler 

ST-OWN 

115 143 126 

CogentrixKenansville, 

Duplin Co. 

Stoker boiler 

ST-LLE 

103 128 113 

CogentrixLumberton,

Coal boiler 

ST-TON 

114 142 125 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 172 

 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .1400 

NORTH CAROLINA ADMINISTRATIVE CODE D-1400-49

S 43 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2004 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

NOX

EMISSIONS 

ALLOCATIONS 

(tons/ozone 

season) 

2006 and 

later 

Robeson Co. 

CogentrixRoxboro, Person 

Co. 

ST-ORO 175 218 192 

CogentrixSouthport, 

Brunswick Co. 

ST-ORT 356 444 392 

Combustion 

Turbine 1 

18 23 26 

Combustion 

Turbine 2 

18 23 26 

Combustion 

Turbine 3 

18 23 26 

Combustion 

Turbine 4 

18 23 26 

Combustion 

Turbine 5 

18 23 26 

Combustion 

Turbine 6 

18 23 26 

Combustion 

Turbine 7 

18 23 26 

Combustion 

Turbine 8 

18 23 26 

Combustion 

Turbine 9 

18 23 26 

Combustion 

Turbine 10 

18 23 26 

Combustion 

Turbine 11 

18 23 26 

Combustion 

Turbine 12 

18 23 26 

Combustion 

Turbine 13 

18 23 26 

Duke Power, 

Lincoln 

Combustion 

Turbine 14 

18 23 26 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 173 

 Appendix M 

June 15, 2007
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NORTH CAROLINA ADMINISTRATIVE CODE D-1400-50

S 43 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2004 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

NOX

EMISSIONS 

ALLOCATIONS 

(tons/ozone 

season) 

2006 and 

later 

Combustion 

Turbine 15 

18 23 26 

Combustion 

Turbine 16 

19 24 27 

Panda-Rosemary, CT-ary 35 43 32 

Halifax Co. CW-ary 25 31 23 

Roanoke Valley, 1 447 558 493 

Halifax Co. 2 142 178 167 

Boiler 1 194 243 64 

Boiler 2 218 273 64 

Boiler 3 178 223 64 

 RJ Reynolds 

Tobbaccoville 

Facility, Forsyth 

Co. Boiler 4 190 238 64 

Boiler no. 5, 

6, and 7 

116 145 128 

UNC-CH, Orange 

Co. Boiler no. 8 120 150 113 

Combustion 

Turbine 10 

25 31 31 

Combustion 

Turbine 11 

25 31 31 

Combustion 

Turbine 12 

92 115 115 

CP&L, Lee Plant, 

Wayne County 

Combustion 

Turbine 13 

92 115 115 

Combustion 

Turbine 1 

34 42 42 

Combustion 

Turbine 2 

33 42 42 

Combustion 

Turbine 3 

33 42 42 

Combustion 

Turbine 4 

33 41 41 

Dynegy, 

Rockingham 

County 

Combustion 

Turbine 5 

33 41 41 

Combustion 

Turbine 1 

CP&L, Woodleaf, 22 27 27 

Rowan County 

Combustion 

Turbine 2 

22 27 27 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 174 

 Appendix M 

June 15, 2007
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NORTH CAROLINA ADMINISTRATIVE CODE D-1400-51

S 43 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2004 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

NOX

EMISSIONS 

ALLOCATIONS 

(tons/ozone 

season) 

2006 and 

later 

Combustion 

Turbine 3 

22 27 27 

Combustion 

Turbine 4 

21 27 27 

Combustion 

Turbine 5 

22 28 28 

Combustion 

Turbine 1 

22 27 27 

Combustion 

Turbine 2 

22 27 27 

Combustion 

Turbine 3 

22 27 27 

Combustion 

Turbine 4 

22 27 27 

Combustion 

Turbine 5 

21 27 27 

Combustion 

Turbine 6 

21 27 27 

CP&L, Mark’s 

Creek, Richmond 

County 

Combustion 

Turbine 7 

22 28 28 

Combustion 

Turbine 

60 75 75 

CP&L, Asheville, 

Buncombe County 

Combustion 

Turbine 

60 75 75 

NON-ELECTRIC GENERATING UNITS 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozon

e season) 

2006 and 

later 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 175 

 Appendix M 

June 15, 2007
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NORTH CAROLINA ADMINISTRATIVE CODE D-1400-52

S 43 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozon

e season) 

2006 and 

later 

Weyerhaeuser Riley boiler 566 708 379 

Paper Company, 

Martin Co. 

Package 

boiler 

20 25 25 

Pulverized 

coal dry 

bottom boiler 

– Big Bill 

212 265 141 

Pulverized 

coal dry 

bottom boiler 

– Peter G 

187 234 125 

Pulverized 

coal dry 

bottom boiler 

– Riley Coal 

358 447 239 

Pulverized 

coal, wet 

bottom boiler 

– No. 4 

365 456 244 

Blue Ridge Paper 

Products, 

Haywood Co. 

boiler–Riley 

Bark 

135 169 90 

International 

Paper Corp., 

Halifax Co. 

Wood/bark, 

no. 6 oil, 

pulverized 

coal dry 

bottom boiler 

518 648 346 

#1 power 

boiler 

Weyerhaeuser 181 226 121 

Co. New Bern 

Mill, Craven Co. #2 power 

boiler 

58 72 72 

No. 3 Power 

Boiler 

International. 126 158 84 

Paper, Columbus 

Co. No. 4 Power 

Boiler 

334 418 223 

FieldcrestCannon, Plant 1,

Boiler 174 217 116 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 176 

 Appendix M 

June 15, 2007
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NORTH CAROLINA ADMINISTRATIVE CODE D-1400-53

S 43 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozon

e season) 

2006 and 

later 

Cabarrus Co. 

(3) Any source covered under this Rule but not listed in Subparagraph 

(b)(1) or (2) of this Paragraph shall have a nitrogen oxide emission 

allocation of zero tons per season during the ozone season. 

(c) Posting of emission allocations. The Director shall post the emission 

allocations for sources covered under this Rule on the Division’s web page. 

(d) Trading. Sources shall comply with the requirements of this Rule using the 

nitrogen oxide budget trading program set out in Rule .1419 of this Section. 

(e) Monitoring. The owner or operator of a source subject to this Rule shall show 

compliance using a continuous emission monitor that meets the requirements of 

Rule .1404(d) of this Section. 

(f) Operation of control devices. All emission control devices and techniques 

installed to comply with this Rule shall be operated beginning May 1 through 

September 30 in the manner in which they are designed and permitted to be 

operated. 

(g) Days of violations. For the purposes of this Rule, the number of days of 

violation for a source shall be determined after the end of the ozone season as 

follows: 

(1) To the source’s allocation in this Rule, the allocations acquired 

before December 1 of that year under Rule .1419 of this Section are 

added and the allocations transferred before December 1 of that 

year under Rule .1419 of this Section are subtracted. 

(2) The value calculated under Subparagraph (1) of this Paragraph is 

compared to the actual emissions from the source for the ozone 

season. If the value calculated under Subparagraph (1) of this 

Paragraph is greater than or equal to the actual emissions from the 

source for the ozone season, the source is in compliance. If the 

value calculated under Subparagraph (1) of this Paragraph is less 

than the actual emissions from the source for the ozone season, the 

source is not in compliance. 

(3) If the source is not in compliance, beginning with September 30, 

the actual emissions for that day and each preceding day are 

subtracted from the actual emissions for the ozone season until the 

value calculated under Subparagraph (1) of this Paragraph is 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 177 

 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .1400 

NORTH CAROLINA ADMINISTRATIVE CODE D-1400-54

S 43 

greater than or equal to the actual emissions. Each day that the 

source operated after this day to September 30 is a day of violation. 

(h) Modification and reconstruction, replacement, retirement, or change of 

ownership. The modification or reconstruction of a source covered under this 

Rule shall not make that source a “new” source under this Rule. A source that is 

modified or reconstructed shall retain its emission allocation under Paragraph 

(b) of this Rule. If one or more sources covered under this Rule is replaced, the 

new source shall receive the allocation of the source, or sources, that it replaced 

instead of an allocation under Rule .1421 of this Section. If the owner of a source 

changes, the emission allocations under this Rule and revised emission 

allocations made under Rule .1420 of this Section shall remain with the source. If 

a source is retired, the owner or operator of the source shall follow the 

procedures in 40 CFR 96.5. The allocations of a retired source shall remain with 

the owner or operator of the retired source until a reallocation occurs under Rule 

.1420 of this Section when the allocation shall be removed and given to other 

sources if the retired source is still retired. 

(i) Additional controls. The Environmental Management Commission may 

specify through rulemaking a specific emission limit lower than that established 

under this Rule for a specific source if compliance with the lower emission limit is 

required as part of the State Implementation Plan to attain or maintain the 

ambient air quality standard for ozone. 

History Note: Authority G.S. 143-215.3(a)(1);143-215.107(a)(5), (7), (10); 

Temporary Adoption Eff. November 1, 2000; 

Temporary Amendment Eff. August 1, 2001; 

Eff. July 15, 2002; 

Amended Eff. June 1, 2004.

[page D-1400-56 reserved] 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 178 

 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .1400 

NORTH CAROLINA ADMINISTRATIVE CODE D-1400-57 

S 43 

15A NCAC 02D .1418 NEW ELECTRIC GENERATING UNITS, 

LARGE BOILERS, AND LARGE I/C ENGINES 

(a) Electric generating units. Emissions of nitrogen oxides from any fossil fuelfired stationary boiler, combustion turbine, or combined cycle system permitted 

after October 31, 2000, serving a generator with a nameplate capacity greater 

than 25 megawatts electrical and selling any amount of electricity shall not 

exceed: 

(1) 0.15 pounds per million Btu for gaseous and solid fuels and 0.18 

pounds per million Btu for liquid fuels if it is not covered under 

Rule .0530 (prevention of significant deterioration) or .0531 

(nonattainment area major new source review) of this Subchapter; 

(2) 0.15 pounds per million Btu for gaseous and solid fuels and 0.18 

pounds per million Btu for liquid fuels or best available control 

technology requirements of Rule .0530 of this Subchapter, 

whichever requires the greater degree of reduction, if it is covered 

under Rule .0530 of this Subchapter; or 

(3) lowest available emission rate technology requirements of Rule 

.0531 of this Subchapter if it is covered under Rule .0531 of this 

Subchapter. 

(b) Large boilers. Emissions of nitrogen oxides from any fossil fuel-fired 

stationary boiler, combustion turbine, or combined cycle system having a 

maximum design heat input greater than 250 million Btu per hour which is 

permitted after October 31, 2000, and not covered under Paragraph (a) of this 

Rule, shall not exceed: 

(1) 0.17 pounds per million Btu for gaseous and solid fuels and 0.18 

pounds per million Btu for liquid fuels if it is not covered under 

Rule .0530 (prevention of significant deterioration) or .0531 

(nonattainment area major new source review) of this Subchapter; 

(2) 0.17 pounds per million Btu for gaseous and solid fuels and 0.18 

pounds per million Btu for liquid fuels or best available control 

technology requirements of Rule .0530 of this Subchapter, 

whichever requires the greater degree of reduction, if it is covered 

under Rule .0530 of this Subchapter; or 

(3) lowest available emission rate technology requirements of Rule 

.0531 of this Subchapter if it is covered under Rule .0531 of this 

Subchapter. 

(c) Internal combustion engines. The following reciprocating internal 

combustion engines permitted after October 31, 2000, shall comply with the 

applicable requirements in Rule .1423 of this Section if the engine is not covered 

under Rule .0530 (prevention of significant deterioration) or .0531 

(nonattainment area major source review) of this Subchapter: 

(1) rich burn stationary internal combustion engines rated at equal to 

or greater than 2,400 brake horsepower, 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 179 

 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .1400 

NORTH CAROLINA ADMINISTRATIVE CODE D-1400-58 

S 43 

(2) lean burn stationary internal combustion engines rated at equal to 

or greater than 2,400 brake horsepower, 

(3) diesel stationary internal combustion engines rated at equal to or 

greater than 3,000 brake horsepower, or 

(4) dual fuel stationary internal combustion engines rated at equal or to 

greater than 4,400 brake horsepower, 

If the engine is covered under Rule .0530 of this Subchapter, it shall comply with 

the requirements of Rule .1423 of this Section or the best available control 

technology requirements of Rule .0530 of this Subchapter, whichever requires 

the greater degree of reduction. If the engine is covered under Rule .0531 of this 

Subchapter, it shall comply with lowest available emission rate technology 

requirements of Rule .0531 of this Subchapter. 

(d) Monitoring. The owner or operator of a source subject to this Rule except 

internal combustion engines shall show compliance using a continuous emission 

monitor that meets the requirements of Rule .1404(d) of this Section. Internal 

combustion engines shall comply with the monitoring requirements in Rule .1423 

of this Section. Monitors shall be installed before the first ozone season in which 

the source will operate and shall be operated each day during the ozone season 

that the source operates. 

(e) Offsets. If emission allocations are not granted under Rule .1421 of this 

Section or are not equal to or greater than the emissions of nitrogen oxides of the 

source for that ozone season, until revised under Rule .1420 of this Section, the 

owner or operator of the source shall acquire emission allocations of nitrogen 

oxides under Rule .1419 of this Section from other sources sufficient to offset its 

emissions. Sources shall comply with the requirements of this Rule using the 

nitrogen oxide budget trading program set out in Rule .1419 of this Section. The 

owner or operator of internal combustion engines covered under Paragraph (c) of 

this Rule shall not be required to obtain emission allocations or emission 

reductions. 

History Note: Authority G.S. 143-215.3(a)(1);143-215.107(a)(5), (7), (10); 

Temporary Adoption Eff. November 1, 2000; 

Temporary Amendment Eff. August 1, 2001; 

Eff. July 15, 2002; 

Amended Eff. June 1, 2004.

15A NCAC 02D .1419 NITROGEN OXIDE BUDGET TRADING 

PROGRAM 

(a) Definitions. For the purposes of this Rule, the definitions in 40 CFR 96.2 

shall apply except that: 

(1) “Permitting agency” means the North Carolina Division of Air 

Quality. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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(2) “Fossil fuel fired” means fossil fuel fired as defined under Rule 

.1401 of this Section instead of the definition in 40 CFR 96.2. 

(b) Existing sources. Sources covered under Rule .1416 or .1417 of this Section 

shall comply with the requirements of Rule .1416 or .1417 of this Section using the 

procedures of and complying with the requirements of 40 CFR Part 96, Nitrogen 

Oxide Budget Trading Program for State Implementation Plans, with the 

following exceptions: 

(1) Permit applications shall be submitted following the procedures 

and schedules in this Section and in Subchapter 2Q of this Title 

instead of the procedures and schedules in 40 CFR Part 96; and 

(2) The dates and schedules for monitoring systems in 40 CFR Part 96 

shall not apply; however, if a source operates during the ozone 

season, it shall have installed and begun operating by May 1, 2004, 

a continuous emissions monitoring system that complies with 40 

CFR Part 96. 

(c) New sources. Except for internal combustion engines, sources covered under 

Rule .1418 of this Section shall comply with the requirements of Rule .1418 of this 

Section using the procedures of and complying with the requirements of 40 CFR 

Part 96, Budget Trading Program for State Implementation Plans, with the 

following exceptions: 

(1) Permit applications shall be submitted following the procedures 

and schedules in this Section and in Subchapter 2Q of this Title 

instead of the procedures and schedules in 40 CFR Part 96; and 

(2) The dates and schedules for monitoring systems in 40 CFR Part 96 

shall not apply; however, a source shall not operate during the 

ozone season until it has installed and is operating a continuous 

emissions monitoring system that complies with 40 CFR Part 96. 

(d) Opt-in provisions. Boilers, turbines, and combined cycle systems not covered 

under Rule .1416, .1417, or .1418 of this Section or internal combustion engines 

may opt into the budget trading program of 40 CFR Part 96 by following the 

procedures and requirements of 40 CFR Part 96, Subpart I, including using 

continuous emission monitors that meet the requirements of 40 CFR Part 75, 

Subpart H. Before an internal combustion engine opts into the budget trading 

program, the owner or operator of the engine shall demonstrate that the 

continuous emissions monitor on the engine can comply with the requirements 

of 40 CFR Part 75, Subpart H, by operating monitor on the engine under the 

conditions specified in 40 CFR Part 75 for at least one ozone season before opting 

into the budget trading program. 

(e) Divisional requirements. The Director and the Division of Air Quality shall 

follow the procedures of 40 CFR Part 96 in reviewing permit applications and 

issuing permits for NOx Budget sources, in approving or disapproving monitoring 

systems for NOx Budget sources, and in taking enforcement action against NOx

Budget sources. The Director may issue permits after May 1, 2003, for sources 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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covered under this Section that are participating in the nitrogen oxide budget 

trading program under this Section. The provisions of 40 CFR Part 96 pertaining 

to early reduction credits shall not apply. 

(f) Submitting emission allocations to the EPA. For sources covered under Rule 

.1416, .1417, or .1418, the Director shall submit to the Administrator of the 

Environmental Protection Agency NOx emission allocations according to 40 CFR 

Part 96. The Environmental Management Commission and the Director shall 

follow Rules .1416, .1417, and .1420 for emission allocations instead of the 

methodology specified in 40 CFR Part 96. The Environmental Management 

Commission and the Director shall follow, Rule .1421 of this Section for set-asides 

and new source allocations instead of the provisions of 40 CFR Part 96. The 

Environmental Management Commission and the Director shall follow Rule 

.1422 of this Section for distributing the compliance supplement pool instead of 

the provisions of 40 CFR Part 96. 

(g) EPA to administer. The United States Environmental Protection Agency 

(EPA) shall administer the budget trading program of 40 CFR Part 96 on behalf 

of North Carolina. The Director shall provide the EPA the information necessary 

under 40 CFR Part 96 for the EPA to administer 40 CFR Part 96 on behalf of 

North Carolina. The owner or operator of each source covered under Rule .1416, 

.1417, or .1418, except internal combustion engines, of this Section shall establish 

an account, designate an authorized account representative, and comply with the 

other requirements of 40 CFR Part 96 as necessary for the EPA to administer the 

nitrogen oxide budget trading program on behalf of North Carolina. 

(h) Restrictions on trading. NOx emission allocations obtained under this Rule 

shall not be used to meet the emission limits for a source if compliance with that 

emission limit is required as part of the State Implementation Plan to attain or 

maintain the ambient air quality ozone standard. Sources covered under Rule 

.0531 (nonattainment area major new source review) of this Subchapter shall not 

use the nitrogen oxide budget trading program to comply with Rule .0531 of this 

Subchapter. 

History Note: Statutory Authority G.S. 143-215.3(a)(1);143-215.65; 143-

215.66; 143- 215.107(a)(5), (7), (10); 

Temporary Adoption Eff. November 1, 2000; 

Temporary Amendment Eff. August 1, 2001; 

Eff. July 15, . 2002. 

Amended Eff. June 1, 2004. 

15A NCAC 02D .1420 PERIODIC REVIEW AND REALLOCATIONS

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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(a) Periodic Review. In 2006 and every five years thereafter, the Environmental 

Management Commission shall review the emission allocations of sources 

covered under Rules .1416, .1417, or .1418 of this Section and decide if any 

revisions are needed. In making this decision the Environmental Management 

Commission shall consider the following: 

(1) the size of the allocation pool for new source growth under Rule 

.1421 of this Section; 

(2) the amount of emissions allocations requested under Rule .1421 of 

this Section; 

(3) the amount of emissions allocations available through nitrogen 

oxide budget trading program; 

(4) the impact of reallocation on existing sources; 

(5) the impact of reallocations on sources covered under Rule .1421 of 

this Section; 

(6) impact on future growth; and 

(7) other relevant information on the impacts of reallocation. 

(b) If the Environmental Management Commission decides to revise emission 

allocations, it shall propose for each source that has been permitted for and has 

complied with an emission rate of 0.10 pounds per million Btu or less, emission 

allocations greater than or equal to the greater of: 

(1) the source’s current allocation, or 

(2) an allocation calculated by multiplying the average of the source’s 

two highest seasonal energy inputs for the four most recent years by 

0.15 pounds per million Btu and dividing by 2000. 

(c) Posting of emission allocations. The Director shall post the new emission 

allocations once they are adopted on the Division’s web page. 

History Note: Statutory Authority G.S. 143-215.3(a)(1);143-215.65; 143-

215.66; 143-215.107(a)(5), (7), (10); 

Temporary Adoption Eff. November 1, 2000; 

Temporary Amendment Eff. August 1, 2001; 

Eff. July 15, 2002.

15A NCAC 02D .1421 ALLOCATIONS FOR NEW GROWTH OF 

MAJOR POINT SOURCES

(a) Purpose. The purpose of this Rule is to establish an allocation pool from 

which emission allocations of nitrogen oxides may be allocated to sources 

permitted after October 31, 2000. 

(b) Eligibility. This Rule applies only to the following types of sources covered 

under Rule .1418 of this Section, and permitted after October 31, 2000: 

(1) fossil fuel-fired stationary boilers, combustion turbines, or 

combined cycle systems serving a generator with a nameplate 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

June 15, 2007
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capacity greater than 25 megawatts electrical and selling any 

amount of electricity; or 

(2) fossil fuel-fired stationary boilers, combustion turbines, or 

combined cycle systems having a maximum design heat input 

greater than 250 million Btu per hour that are not covered under 

Subparagraph (1) of this Paragraph; 

(c) Requesting allocation. To receive emission allocations under this Rule, the 

owner or operator of the source shall provide the following written 

documentation to the Director before January 1 of the year preceding the ozone 

season for which the emission allocation is sought: 

(1) a description of the combustion source or sources including heat 

input; 

(2) evidence that the source complies with the emission limit under 

Rule .1418 of this Section; 

(3) an estimate of the actual emissions of nitrogen oxides in tons per 

ozone season; 

 (4) the expected hours of operation during the ozone season; 

(5) the date on which the source is expected to begin operating if it is 

not already operating; 

(6) the tons per ozone season of emission allocations being requested 

(the amount requested shall be the lesser of the estimated actual 

emissions under Subparagraph (3) of this Paragraph or the product 

of the emission limit under Rule .1418 of this Section times the 

maximum design heat input in millions of Btu per hour times the 

number of hours that the source is projected to operate (not to 

exceed 3672 hours) divided by 2000); and 

(7) a description of the monitoring, recordkeeping, and reporting plan 

that will assure continued compliance. 

(d) Approving requests. The Director shall approve a request for emissions 

allocation if he finds that: 

(1) All the information and documentation required under Paragraph 

(c) of this Rule has been submitted; 

(2) The request was received before January 1; 

(3) The source is eligible for emission allocations under this Rule; 

(4) The source complies with Rule .1418 of this Section; 

(5) The requested emission allocations do not exceed the estimated 

actual emissions of nitrogen oxides; 

(6) The source has or is likely to have an air quality permit before the 

end of the upcoming ozone season; and 

(7) The source is operating or is scheduled to begin operating before 

the end of the upcoming ozone season. 

(e) Preliminary allocations. By March 1 before each ozone season, the Director 

shall have calculated and posted on the Division’s web page preliminary emission 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 184 

 Appendix M 

June 15, 2007
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allocations for sources whose requests under this Rule he has approved. 

Preliminary emission allocations shall be determined as follows: 

(1) If the emission allocations requested do not exceed the amount in 

the pool, each source shall have a preliminary allocation equal to its 

request. 

(2) If the emission allocations requested exceed the amount in the pool, 

each source’s emission allocations shall be calculated as follows: 

(A) For each source, its maximum design heat input in millions 

of Btu per hour is multiplied by the number of hours that the 

source is projected to operate not to exceed 3672 hours; this 

product is the source’s seasonal heat input; 

(B) The seasonal heat inputs calculated under Part (A) of this 

Subparagraph are summed. 

(C) For each source, its seasonal heat input calculated under 

Part (A) of this Subparagraph is multiplied by the tons of 

emission allocations in the allocation pool and divided by the 

sum of seasonal heat inputs calculated under Part (B) of this 

Subparagraph; this amount is the source’s preliminary 

emission allocations. 

The preliminary emission allocations computed under this Paragraph may be 

revised under Paragraph (f) of this Rule after the ozone season. Emissions 

allocations issued under this Paragraph are solely for planning purposes and are 

not reported to the EPA to be recorded in allowance tracking system account. The 

emission allocations granted under Paragraph (f) of this Rule shall be the 

emission allocations granted the source to offset its emissions. 

(f) Final allocations. According to Paragraph (g) of this Rule, the Director shall 

grant emission allocations for each source for which he has approved an 

allocation from the allocation pool as follows: 

(1) For each individual source, its allowable emission rate under Rule 

.1418 of this Section is multiplied by its heat input during the ozone 

season. This product is divided by 2000. 

(2) The lesser of the source’s actual emissions of nitrogen oxides, the 

value calculated under Subparagraph (1) of this Paragraph, or the 

preliminary emission allocations determined under Paragraph (e) 

of this Rule shall be the source’s emission allocation from the 

allocation pool. 

Emissions allocations granted under this Paragraph are reported to the EPA to be 

recorded in allowance tracking system account. 

(g) Issuance of final allocations. By November 1 following each ozone season, the 

Director shall issue final allocations according to Paragraph (f) of this Rule and 

shall notify each source that receives an allocation of the amount of allocation 

that it has been granted. By November 1 following the ozone season, the Director 

shall also notify the EPA of allocations issued and to whom they have been issued 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 185 

 Appendix M 

June 15, 2007
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and the amount issued to each source. The Director shall post the final 

allocations on the Division’s web page. 

(h) Allocation pool. 

(1) Before the EPA promulgation of revisions after November 1, 2000, 

to 40 CFR Part 51, Subpart G, revising the nitrogen oxide budget for 

North Carolina, the allocation pool shall contain the following: 

(A) in 2004, 122 tons, 

(B) in 2005, 599 tons plus emission allocations carried over from 

the previous year; 

(C) in 2006, 505 tons plus emission allocations carried over 

from the previous year; and 

(D) in 2007, 1,058 tons plus emission allocations carried over 

from the previous year. 

(2) After the EPA promulgates revisions after November 1, 2000, to 40 

CFR Part 51, Subpart G, revising the nitrogen oxide budget for 

North Carolina, the allocation pool shall contain the following: 

 (A) in 2004, 122 tons, 

(B) in 2005, 78 tons plus emission allocations carried over from 

the previous year; 

(C) in 2006, 1117 tons plus emission allocations carried over 

from the previous year; and 

(D) in 2007, 1670 tons plus emission allocations carried over 

from the previous year. 

(i) Changes in the allocation pool. By July 1, 2006, the Commission shall begin to 

develop and adopt through rulemaking allocations for 2008 and later years. 

(j) Carryover. Emission allocations remaining in the allocation pool at the end of 

the year shall be carried over into the next year for use during the next ozone 

season. 

(k) Future requests. Once the owner or operator of a source has made a request 

under this Rule for emission allocations from the allocation pool, he does not 

have to request emission allocations under this Rule in future years. The request 

shall automatically be included in following years as long as the source remains 

eligible for emission allocations under this Rule. 

(l) Loss of eligibility. Once a source receives emission allocations under Rule 

.1420 of this Section, it shall no longer be eligible for emission allocations under 

this Rule. 

(m) Use of allocation. Allocations granted under this rule apply only to the ozone 

season immediately preceding the issuance of final allocations under Paragraph 

(g) of this Rule. Allocations issued under Paragraph (g) of this Rule for use in one 

year do not carry forward into any following ozone season. Allocations granted 

under this Rule shall be calculated for each ozone season. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 186 

 Appendix M 

June 15, 2007
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History Note: Statutory Authority G.S. 143-215.3(a)(1);143-215.65; 143-

215.66; 143 215.107(a)(5), (7), (10); 

Temporary Adoption Eff. November 1, 2000; 

Temporary Amendment Eff. August 1, 2001; 

Eff. July 15, 2002. 

15A NCAC 02D .1422 COMPLIANCE SUPPLEMENT POOL CREDITS 

(a) Purpose. The purpose of this Rule is to regulate North Carolina’s eligibility 

for and use of the Compliance Supplement Pool under 40 CFR 51.121(e)(3). 

(b) Eligibility. Sources covered under Rule .1416 of this Section may earn 

Compliance Supplement Pool Credits for those nitrogen oxide emissions 

reductions required by Rule .1416 of this Section that are achieved during the 

ozone season after September 30, 1999 and are demonstrated using baseline and 

current emissions determined according to 40 CFR Part 75 before May 1, 2003, 

and are beyond the total emission reductions required under 40 CFR Part 76 or 

any other provision of the federal Clean Air Act. 

(c) Credits. The Compliance Supplement Pool Credits earned under this Rule 

shall be tabulated in tons of nitrogen oxides reduced per ozone season. The 

control device, modification, or change in operational practice that enables the 

combustion source or sources to achieve the emissions reductions shall be 

permitted. The facility shall provide the Division of Air Quality with written 

notification certifying the installation and operation of the control device or the 

modification or change in operational practice that enables the combustion 

source or sources to achieve the emissions reduction. Only emission reductions 

that are beyond emission reductions required under 40 CFR Part 76 or any other 

provision of the federal Clean Air Act are creditable Compliance Supplement Pool 

Credits. Credits are counted in successive seasons through May 1, 2003. Seasonal 

credits shall be recorded in a Division of Air Quality database and will accumulate 

in this database until May 1, 2003. At that point a cumulative total of all the 

Compliance Supplement Pool Credits earned during the entire period shall be 

tabulated. These credits will then be available for use by the State of North 

Carolina to achieve compliance with the State ozone season NOx budget. 

(d) Requesting credits. In order to earn Compliance Supplement Pool Credits, 

the owner or operator of the facility shall provide the following written 

documentation to the Director before January 1, 2003. 

(1) the combustion source or sources involved in the emissions 

reduction; 

(2) the start date of the emissions reduction; 

(3) a description of the add-on control device, modification, or change 

in operational practice that enables the combustion source or 

sources to achieve the emissions reduction; 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

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(4) the current and baseline emissions of nitrogen oxides of the 

combustion source or sources involved in this reduction in terms of 

tons of nitrogen oxides per season; 

(5) the amount of reduction of emissions of nitrogen oxides achieved 

by this action in tons of nitrogen oxides per season per combustion 

source involved; 

(6) the total reduction of nitrogen oxides achieved by this action in tons 

of nitrogen oxides per season for all the combustion sources 

involved; 

(7) a demonstration that the proposed action has reduced the 

emissions of nitrogen oxides from the combustion sources involved 

by the amount specified in Subparagraphs (d)(5) and (d)(6) of this 

Rule; and 

(8) a description of the monitoring, recordkeeping, and reporting plan 

used to ensure continued compliance with the proposed emissions 

reduction activity; continuous emissions monitors shall be used to 

monitor emissions. 

(e) Approving requests. Before any Compliance Supplement Pool Credits can be 

allocated, the Director shall have to approve them. The Director shall approve 

credits if he finds that: 

(1) early emissions reductions are demonstrated using baseline and 

current emissions determined according to 40 CFR Part 75 to be 

beyond the reductions required under 40 CFR Part 76, Acid Rain 

Nitrogen Oxides Emission Reduction Program and any other 

requirement of the federal Clean Air Act; 

(2) the emission reductions are achieved after September 30, 1999, and 

before May 1, 2003, and 

(3) all the information and documentation required under Paragraph 

(d) have been submitted. 

The Director shall notify the owner or operator of the source and EPA of his 

approval or disapproval of a request and of the amount of Compliance 

Supplement Pool Credits approved. If the Director disapproves a request or part 

of a request, he shall explain in writing to the owner or operator of the source the 

reasons for disapproval. 

(f) Compliance supplement pool. The Director shall verify that the Compliance 

Supplement Pool Credits do not exceed a statewide total of 10,737 tons for all the 

ozone seasons of the years 2003, 2004, and 2005. 

(g) Interim report. The owner or operators of the facility shall submit to the 

Director by January 1, 2001 and January 1, 2002 an interim report that contains 

the information in Paragraph (d) of this Rule for the previous ozone season. 

(h) Recording credits. Based on the interim reports submitted under Paragraph 

(g) of this Rule, the Division shall record the Compliance Supplement Pool 

Credits earned under this Rule in a central database. The Division of Air Quality 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

June 15, 2007
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shall maintain this database. These credits shall be recorded in tons of emissions 

of nitrogen oxides reduced per season with the actual start date of the reduction 

activity. Based on the final formal request submitted under Paragraph (d) of this 

Rule as approved under Paragraph (e) of this Rule, the Director shall finalize the 

Compliance Supplement Pool Credits earned and record the final earned credits 

in the Division’s database. . 

(i) Use of credits. Final earned Compliance Supplement Pool Credits shall be 

available for Carolina Power & Light Co. and Duke Power Co. to use in 2003. The 

allocations of Carolina Power & Light Co.’s sources and Duke Power Co.’s sources 

in Rule .1416 of this Section shall be reduced for 2004 or 2005 by the amount of 

Compliance Supplement Pool Credits used in 2003 using the procedures in 

Paragraph (k) of this Rule. Compliance Supplement Pool Credits not used in 

2003 shall be available for use by the Director of the Division of Air Quality to 

offset excess emissions of nitrogen oxides in order to achieve compliance with the 

North Carolina ozone season NOx budget after May 30, 2004, but no later than 

September 30, 2005. The credits shall be used on a one for one basis, that is, one 

ton per season of credit can be used to offset one ton, or less, per season of excess 

emissions to achieve compliance with the requirements of Rule .1416 or .1417 of 

this Section. All credits shall expire and will no longer be available for use after 

November 30, 2005. 

(j) Reporting. The Director shall report: 

(1) to the EPA, Carolina Power & Light Co. and Duke Power Co. by 

(A) March 1, 2003 the Compliance Supplement Pool Credits 

earned by Carolina Power & Light Co. and by Duke Power 

Co., and 

(B) March 1, 2004 the reductions in allocations calculated under 

Paragraphs (k) and (l) of this Rule; and 

(2) to the EPA by: 

(A) December 1, 2003, the Compliance Supplement Pool Credits 

used beginning May 1 through September 30, 2003, 

(B) December 1, 2004, the Compliance Supplement Pool Credits 

used beginning May 31 through September 30, 2004, and 

(C) December 1, 2005, the Compliance Supplement Pool Credits 

used beginning May 1 through September 30, 2005. 

(k) Using Compliance Supplement Pool Credits in 2003. Carolina Power & Light 

Co. and Duke Power Co. may use Compliance Supplement Pool Credits in 2003. 

If they do use Compliance Supplement Pool Credits in 2003, then the allocations 

for their sources in Rule .1416 of this Section shall be reduced for 2004 or 2005 

by the amount of Compliance Supplement Pool Credits used in 2003. Before the 

Director approves the use of Compliance Supplement Pool Credits in 2003, the 

company shall identify the sources whose allocations are to be reduced to offset 

the Compliance Supplement Pool Credits requested for 2003 and the year (2004 

or 2005) in which the allocation is reduced. The Director shall approve no more 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

June 15, 2007
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than 4,295 tons for Carolina Power & Light Co. and no more than 6,442 tons for 

Duke Power Co. The Director shall approve no more than 5,771 tons being offset 

by reductions in allocations in 2004 and no more than 4,966 tons being offset by 

reductions in allocations in 2005. 

(l) Failure to receive sufficient credits. If the sum of Compliance Supplement 

Pool Credits received by Carolina Power & Light Co. and Duke Power Co. are less 

than 10,737 tons, the following procedure shall be used to reduce the allocations 

in Rule .1416 of this Section: 

(1) If the Compliance Supplement Pool Credits received by Carolina 

Power & Light Co. are less than 4,295 tons, and the Compliance 

Supplement Pool Credits received by Duke Power Co. are greater 

than or equal to 6,442 tons, the allocation for Carolina Power & 

Light Co.’s sources shall be reduced by the amount obtained by 

subtracting from 10,737 tons the sum of Compliance Supplement 

Pool Credits received by Carolina Power & Light Co. and Duke 

Power Co. The allocations of Carolina Power & Light Co.’s sources 

shall be reduced using the procedure in Subparagraph (4) of this 

Paragraph. 

(2) If the Compliance Supplement Pool Credits received by Duke Power 

Co. are less than 6,442 tons, and the Compliance Supplement Pool 

Credits received by Carolina Power & Light Co. are greater than or 

equal to 4,295 tons, the allocation for Duke Power Co.’s sources 

shall be reduced by the amount obtained by subtracting from 10,737 

tons the sum of Compliance Supplement Pool Credits received by 

Carolina Power & Light Co. and Duke Power Co. The allocations of 

Duke Power Co.’s sources shall be reduced using the procedure in 

Subparagraph (4) of this Paragraph. 

(3) If the Compliance Supplement Pool Credits received by Carolina 

Power & Light Co. are less than 4,295 tons, and the Compliance 

Supplement Pool Credits received by Duke Power Co. are less than 

6,442 tons: 

(A) The allocation for Carolina Power & Light Co.’s sources shall 

be reduced by the amount obtained by subtracting from 

4,295 tons the Compliance Supplement Pool Credits received 

by Carolina Power & Light Co. The allocations of Carolina 

Power & Light Co.’s sources shall be reduced using the 

procedure in Subparagraph (4) of this Paragraph; and 

(B) The allocation for Duke Power Co.’s sources shall be reduced 

by the amount obtained by subtracting from 6,442 tons the 

Compliance Supplement Pool Credits received by Duke 

Power Co. The allocations of Duke Power Co.’s sources shall 

be reduced using the procedure in Subparagraph (4) of this 

Paragraph. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 190 

 Appendix M 

June 15, 2007
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(4) When the allocations in Rule .1416 of this Section for Carolina 

Power & Light Co.’s sources or for Duke Power Co.’s sources are 

required to be reduced, the following procedure shall be used: 

(A) If the reduction required is less than or equal to 4,966 tons, 

then following procedure shall be used: 

(i) The allocation of all sources listed in Rule .1416 of this 

Section for 2005 for Carolina Power & Light Co. or 

Duke Power Co. are summed. 

(ii) The reduction required under Subparagraph (1), (2), 

or (3) of this Paragraph is subtracted from the sum 

computed under Subpart (i) of this Part. 

(iii) The allocation of each source listed in Rule .1416 of 

this Section for 2005 for Carolina Power & Light Co. 

or Duke Power Co. is multiplied by the value 

computed under Subpart (ii) of this Part and divided 

by the value computed under Subpart (i) of this Part. 

The result is the revised allocation for that source. 

(B) If the reduction required is more than 4,966 tons, then the 

following procedure shall be used: 

(i) The reduction for the allocations for 2005 is 

determined using the procedure under Part (A) of this 

Subparagraph and substituting 4,966 as the reduction 

required under Subpart (A)(ii) of this Subparagraph. 

(ii) The reduction for the allocations for 2004 shall be 

determined using the following procedure: 

(I) The reduction required under Subparagraph 

(1), (2), or (3) of this Paragraph is subtracted 

from 4,966. 

(II) The allocations of all sources listed in Rule 

.1416 of this Section for 2004 for Carolina 

Power & Light Co. or Duke Power Co. for 2004 

are summed. 

(III) The allocation of each source listed in Rule 

.1416 of this Section for 2004 for Carolina 

Power & Light Co. or Duke Power Co. is 

multiplied by the value computed under SubSubpart (I) of this Subpart and divided by the 

value computed Sub-Subpart (II) of this 

Subpart. The result is the revised allocation for 

that source 

(m) If allocations are reduced in 2004 or 2005 for Carolina Power & Light Co. or 

Duke Power Co. under Paragraph (k) or (l) of this Rule, the company whose 

allocations are reduced shall reduce its allocations by returning allowances 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 191 

 Appendix M 

June 15, 2007
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S 43 

through the use of allowance transfers to the State following the procedures in 40 

CFR Part 96. These allowances shall be retired. 

History Note: Statutory Authority G.S. 143-215.3(a)(1);143-215.65; 143-

215.66; 143-215.107(a)(5), (7), (10); 

Temporary Adoption Eff. August 1, 2001; 

Eff. July 15, 2002; 

Amended Eff. June 1, 2004.

15A NCAC 2D .1423 LARGE INTERNAL COMBUSTION ENGINES

(a) Applicability. This rule applies to the following internal combustion engines 

permitted after October 30, 2000 that are subject to Rule .1418 of this Section 

but are not subject to Rules .0530 (prevention of significant deterioration) or 

.0531 (nonattainment area major new source review) of this Subchapter: 

(1) rich burn stationary internal combustion engines rated at equal or 

greater than 2,400 brake horsepower, 

(2) lean burn stationary internal combustion engines rated at equal or 

greater than 2,400 brake horsepower, 

(3) diesel stationary internal combustion engines rated at equal or 

greater than 3,000 brake horsepower, or 

(4) dual fuel stationary internal combustion engines rated at equal or 

greater than 4,400 brake horsepower, 

(b) Emission limitation. The owner or operator of a stationary internal 

combustion engine shall not cause to be emitted into the atmosphere nitrogen 

oxides in excess of the following applicable limit, expressed as nitrogen dioxide 

corrected to 15 percent parts per million by volume (ppmv) stack gas oxygen on a 

dry basis, averaged over a rolling 30-day period, as may be adjusted under 

Paragraph (c) of this Rule: 

MAXIMUM ALLOWABLE EMISSION CONCENTRATION FOR 

STATIONARY INTERNAL COMBUSTION ENGINES 

(parts per million) 

Engine Type Limitation 

 Rich-burn 110 

 Lean-burn 125 

 Diesel 175 

 Dual fuel 125 

(c) Adjustment. Each emission limit expressed in Paragraph (b) of this Rule may 

be multiplied by X, where X equals the engine efficiency (E) divided by a 

reference efficiency of 30 percent. Engine efficiency (E) shall be determined using 

one of the methods specified in Subparagraph (1) or (2) of this Paragraph, 

whichever provides a higher value. However, engine efficiency (E) shall not be 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 192 

 Appendix M 

June 15, 2007
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S 43 

less than 30 percent. An engine with an efficiency lower than 30 percent shall be 

assigned an efficiency of 30 percent. 

(1) 

Energy input

Engine( )100()output E ∗ =

where energy input is determined by a fuel measuring device 

accurate to plus or minus 5 percent and is based on the higher 

heating value (HHV) of the fuel. Percent efficiency (E) shall be 

averaged over 15 consecutive minutes and measured at peak load 

for the applicable engine. 

(2) 

)HHV(

(Manufactur Rateds'e [Efficiency continuous )LHV()LHVat] E ∗ =

where LHV is the lower heating value of the fuel; and HHV is the 

higher heating value of the fuel. 

(d) Compliance determination and monitoring. The owner or operator of an 

internal combustion engine subject to the requirements of this Rule shall 

determine compliance using: 

(1) a continuous emissions monitoring system (CEMS) which meets 

the applicable requirements of Appendices B and F of 40 CFR part 

60, excluding data obtained during periods specified in Paragraph 

(g) of this Rule and .1404 of this Section; or 

(2) an alternate calculated and recordkeeping procedure based on 

actual emissions testing and correlation with operating parameters. 

The installation, implementation, and use of this alternate 

procedure shall be approved by the Director before it may be used. 

The Director may approve the alternative procedure if he finds that 

it can show the compliance status of the engine. 

(e) Reporting requirements. The owner or operator of a stationary internal 

combustion engine subject to this Rule shall submit: 

(1) a report documenting the engine’s total nitrogen oxide emissions 

beginning May 1 and ending September 30 of each year to the 

Director by October 31 of each year, beginning with the year of first 

ozone season that the engine operates. 

(2) an excess emissions and monitoring systems performance report, 

according to the requirements of 40 CFR 60.7(c) and 60.13, if a 

continuos emissions monitoring system is used. 

(f) Recordkeeping requirements. The owner or operator of a stationary internal 

combustion engine subject to this Rule shall maintain all records necessary to 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 193 

 Appendix M 

June 15, 2007
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S 43 

demonstrate compliance with the Rule for two calendar years at the facility at 

which the engine is located. The records shall be made available to the Director 

upon request. The owner or operator shall maintain records of the following 

information for each day the engine operates: 

 (1) identification and location of the engine; 

 (2) calendar date of record; 

(3) the number of hours the engine operated during each day, including 

startups, shutdowns, and malfunctions, and the type and duration 

of maintenance and repairs; 

 (4) date and results of each emissions inspection; 

 (5) a summary of any emissions corrective maintenance taken; 

 (6) the results of all compliance tests; 

(7) if a unit is equipped with a continuous emission monitoring system: 

(A) identification of time periods during which nitrogen oxide 

standards are exceeded, the reason for the excess emissions, 

and action taken to correct the excess emissions and to 

prevent similar future excess emissions; and 

(B) identification of the time periods for which operating 

conditions and pollutant data were not obtained including 

reasons for not obtaining sufficient data and a description of 

corrective actions taken. 

(g) Exemptions. The emission standards of this Rule shall not apply to the 

following periods of operation: 

(1) start-up and shut-down periods and periods of malfunction, not to 

exceed 36 consecutive hours; 

(2) regularly scheduled maintenance activities. 

History Note: Statutory Authority G.S. 143-215.3(a)(1);143-215.65; 143-

215.66; 143-215.107(a)(5), (7), (10); 

 Temporary Adoption Eff. August 1, 2001; 

 Eff. July 15, 2002.

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 194 

 Appendix M 

June 15, 2007
ENR - ENVIRONMENTAL MANAGEMENT 2D .1900 

NORTH CAROLINA ADMINISTRATIVE CODE D-1900-1 

S 45 

SECTION .1900 - OPEN BURNING

15A NCAC 02D .1901 PURPOSE, SCOPE, AND PERMISSIBLE OPEN 

BURNING

(a) Purpose. The purpose of this Section is to control air pollution resulting from 

the open burning of combustible materials and to protect the air quality in the 

immediate area of the open burning. 

(b) Scope. This Section applies to all operations involving open burning. This 

Section does not authorize any open burning which is a crime under G.S. 14-136 

through G.S. 14-140.1, or affect the authority of the Division of Forest Resources 

to issue or deny permits for open burning in or adjacent to woodlands as 

provided in G.S. 113-60.21 through G.S. 113-60.31. This Section does not affect 

the authority of any local government to regulate open burning through its fire 

codes or other ordinances. The issuance of any open burning permit by the 

Division of Forest Resources or any local government does not relieve any person 

from the necessity of complying with this Section or any other air quality rule. 

(c) Permissible Open Burning. A person shall not cause, allow, or permit open 

burning of combustible material except as allowed by Rule .1903 and Rule .1904 

of this Section. 

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

Eff. July 1, 1996; 

 Amended Eff. June 1, 2004.

15A NCAC 02D .1902 DEFINITIONS 

For the purpose of this Section, the following definitions apply: 

(1) "Air Curtain Burner" means a stationary or portable combustion 

device that directs a plane of high velocity forced draft air through a 

manifold head into a pit or container with vertical walls in such a 

manner as to maintain a curtain of air over the surface of the pit 

and a recirculating motion of air under the curtain. 

(2) “Air Quality Action Day Code ‘Orange’ or above” means an air 

quality index greater than 100 as defined in 40 CFR Part 58, 

Appendix G. 

(3) "Air quality forecast area” means for 

(a) Asheville air quality forecast area: Buncombe, Haywood, 

Henderson, Jackson, Madison, Swain, Transylvania, and 

Yancey Counties; 

(b) Charlotte air quality forecast area: Cabarrus, Gaston, Iredell 

South of Interstate 40, Lincoln, Mecklenburg, Rowan, and 

Union Counties; 

(c) Hickory air quality forecast area: Alexander, Burke, Caldwell, 

and Catawba Counties; 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 195 

 Appendix M 

June 15, 2007
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(d) Fayetteville air quality forecast area: Cumberland and 

Harnett Counties; 

(e) Rocky Mount air quality forecast area: Edgecombe and Nash 

Counties; 

(e) Triad air quality forecast area: Alamance, Caswell, Davidson, 

Davie, Forsyth, Guilford, Randolph, Rockingham, and Stokes 

Counties; and 

(f) Triangle air quality forecast area: Chatham, Durham, 

Franklin, Granville, Johnston, Person, Orange, Vance, and 

Wake Counties. 

(4) "Dangerous materials" means explosives or containers used in the 

holding or transporting of explosives. 

(5) "HHCB" means the Health Hazards Control Branch of the Division 

of Epidemiology. 

(6) "Initiated" means start or ignite a fire or reignite or rekindle a fire. 

(7) "Land clearing" means the uprooting or clearing of vegetation in 

connection with construction for buildings; right-of-way 

maintenance; agricultural, residential, commercial, institutional, or 

industrial development; mining activities; or the initial clearing of 

vegetation to enhance property value; but does not include routine 

maintenance or property clean-up activities. 

(8) "Log" means any limb or trunk whose diameter exceeds six inches. 

(9) "Nonattainment area" means an area identified in 40 CFR 81.334 as 

nonattainment. 

(10) "Nuisance" means causing physical irritation exacerbating a 

documented medical condition, visibility impairment, or evidence 

of soot or ash on property or structure other than the property on 

which the burning is done. 

(11) "Occupied structure” means a building in which people may live or 

work or one intended for housing farm or other domestic animals. 

(12) "Off-site" means any area not on the premises of the land-clearing 

activities. 

(13) "Open burning" means the burning of any matter in such a manner 

that the products of combustion resulting from the burning are 

emitted directly into the atmosphere without passing through a 

stack, chimney, or a permitted air pollution control device. 

(14) "Operator" as used in .1904(b)(6) and .1904(b)(2)(D) of this 

Section, means the person in operational control over the open 

burning. 

(15) "Person" as used in 02D .1901(c), means: 

(a) the person in operational control over the open burning; or 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 196 

 Appendix M 

June 15, 2007
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S 45 

(b) the landowner or person in possession or control of the land 

when he has directly or indirectly allowed the open burning 

or has benefited from it. 

(16) "Public pick-up" means the removal of refuse, yard trimmings, 

limbs, or other plant material from a residence by a governmental 

agency, private company contracted by a governmental agency or 

municipal service. 

(17) "Public road" means any road that is part of the State highway 

system; or any road, street, or right-of-way dedicated or maintained 

for public use. 

(18) "RACM" means regulated asbestos containing material as defined 

in 40 CFR 61.142. 

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

(20) "Regional Office Supervisor" means the supervisor of personnel of 

the Division of Air Quality in a regional office of the Department of 

Environment and Natural Resources. 

(21) "Salvageable items" means any product or material that was first 

discarded or damaged and then all, or part, was saved for future 

use, and include insulated wire, electric motors, and electric 

transformers. 

(22) "Synthetic material" means man-made material, including tires, 

asphalt materials such as shingles or asphaltic roofing materials, 

construction materials, packaging for construction materials, wire, 

electrical insulation, and treated or coated wood. 

History Note: Authority G.S. 143-212; 143-213; 143-215.3(a)(1); 

Eff. July 1, 1996; 

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

15A NCAC 02D .1903 PERMISSIBLE OPEN BURNING WITHOUT AN 

AIR QUALITY PERMIT 

(a) All open burning is prohibited except open burning allowed under Paragraph 

(b) of this Rule or Rule .1904 of this Section. Except as allowed under Paragraphs 

(b)(3) through (b)(9) of this Rule, open burning shall not be initiated in an air 

quality forecast area that the Department, or the Forsyth County Environmental 

Affairs Department for the Triad air quality forecast area, has forecasted to be in 

an Air Quality Action Day Code "Orange" or above during the time period covered 

by that forecast. 

(b) The following types of open burning are permissible without an air quality 

permit: 

(1) open burning of leaves, tree branches or yard trimmings, excluding 

logs and stumps, if the following conditions are met: 

(A) The material burned originates on the premises of private 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 197 

 Appendix M 

June 15, 2007
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NORTH CAROLINA ADMINISTRATIVE CODE D-1900-4 

S 45 

residences and is burned on those premises; 

(B) There are no public pickup services available; 

(C) Non-vegetative materials, such as household garbage, 

lumber, or any other synthetic materials are not burned; 

(D) The burning is initiated no earlier than 8:00 a.m. and no 

additional combustible material is added to the fire between 

6:00 p.m. on one day and 8:00 a.m. on the following day; 

(E) The burning does not create a nuisance; and 

(F) Material is not burned when the Division of Forest Resources 

has banned burning for that area. 

(2) open burning for land clearing or right-of-way maintenance if the 

following conditions are met: 

(A) The wind direction at the time that the burning is initiated 

and the wind direction as forecasted by the National Weather 

Service during the time of the burning are away from any 

area, including public roads within 250 feet of the burning as 

measured from the edge of the pavement or other roadway 

surface, which may be affected by smoke, ash, or other air 

pollutants from the burning; 

(B) The location of the burning is at least 1,000 feet from any 

dwelling, group of dwellings, or commercial or institutional 

establishment, or other occupied structure not located on the 

property on which the burning is conducted. The regional 

office supervisor may grant exceptions to the setback 

requirements if: 

(i) a signed, written statement waiving objections to the 

open burning associated with the land clearing 

operation is obtained and submitted to, and the 

exception granted by, the regional office supervisor 

before the burning begins from a resident or an owner 

of each dwelling, commercial or institutional 

establishment, or other occupied structure within 

1,000 feet of the open burning site. In the case of a 

lease or rental agreement, the lessee or renter shall be 

the person from whom permission shall be gained 

prior to any burning; or 

(ii) an air curtain burner that complies with Rule .1904 of 

this Section, is utilized at the open burning site. 

Factors that the regional supervisor shall consider in 

deciding to grant the exception include: all the 

persons who need to sign the statement waiving the 

objection have signed it, the location of the burn, and 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 198 

 Appendix M 

June 15, 2007
ENR - ENVIRONMENTAL MANAGEMENT 2D .1900 

NORTH CAROLINA ADMINISTRATIVE CODE D-1900-5 

S 45 

the type, amount, and nature of the combustible 

substances; 

(C) Only land cleared plant growth is burned. Heavy oils, 

asphaltic materials such as shingles and other roofing 

materials, items containing natural or synthetic rubber, or 

any materials other than plant growth shall not be burned; 

however, kerosene, distillate oil, or diesel fuel may be used to 

start the fire; 

(D) Initial burning begins only between the hours of 8:00 a.m. 

and 6:00 p.m., and no combustible material is added to the 

fire between 6:00 p.m. on one day and 8:00 a.m. on the 

following day; 

(E) No fires are initiated or vegetation added to existing fires 

when the Division of Forest Resources has banned burning 

for that area; and 

(F) Materials are not carried off-site or transported over public 

roads for open burning unless the materials are carried offsite or transported over public roads to facilities permitted 

according to Rule .1904 of this Section for the operation of 

an air curtain burner at a permanent site; 

(3) camp fires and fires used solely for outdoor cooking and other 

recreational purposes, or for ceremonial occasions, or for human 

warmth and comfort and which do not create a nuisance and do not 

use synthetic materials or refuse or salvageable materials for fuel; 

(4) fires purposely set to forest land for forest management practices 

for which burning is acceptable to the Division of Forest Resources; 

(5) fires purposely set to agricultural lands for disease and pest control 

and fires set for other agricultural or apicultural practices for which 

burning is currently acceptable to the Department of Agriculture; 

(6) fires purposely set for wildlife management practices for which 

burning is currently acceptable to the Wildlife Resource 

Commission; 

(7) fires for the disposal of dangerous materials when it is the safest 

and most practical method of disposal; 

(8) fires purposely set by manufacturers of fire extinguishing materials 

or equipment, testing laboratories, or other persons, for the 

purpose of testing or developing these materials or equipment in 

accordance with a standard qualification program; 

(9) fires purposely set for the instruction and training of fire-fighting 

personnel at permanent fire-fighting training facilities(10) fires 

purposely set for the instruction and training of fire-fighting 

personnel when conducted under the supervision of or with the 

cooperation of one or more of the following agencies: 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 199 

 Appendix M 

June 15, 2007
ENR - ENVIRONMENTAL MANAGEMENT 2D .1900 

NORTH CAROLINA ADMINISTRATIVE CODE D-1900-6 

S 45 

(A) the Division of Forest Resources; 

(B) the North Carolina Insurance Department; 

(C) North Carolina technical institutes; or 

(D) North Carolina community colleges, including: 

(i) the North Carolina Fire College; or 

(ii) the North Carolina Rescue College; 

(11) fires not described in Subparagraphs (9) or (10) of this Paragraph, 

purposely set for the instruction and training of fire-fighting 

personnel, provided that: 

(A) The regional office supervisor of the appropriate regional 

office and the HHCB have been notified according to the 

procedures and deadlines contained in the appropriate 

regional notification form. This form may be obtained by 

writing the appropriate regional office at the address in Rule 

.1905 of this Section and requesting it, and 

(B) The regional office supervisor has granted permission for the 

burning. Factors that the regional office supervisor shall 

consider in granting permission for the burning include type, 

amount, and nature of combustible substances. The regional 

office supervisor shall not grant permission for the burning 

of salvageable items, such as insulated wire and electric 

motors or if the primary purpose of the fire is to dispose of 

synthetic materials or refuse. The regional office supervisor 

of the appropriate regional office shall not consider 

previously demolished structures as having training value. 

However, the regional office supervisor of the appropriate 

regional office may allow an exercise involving the burning of 

motor vehicles burned over a period of time by a training 

unit or by several related training units. Any deviations from 

the dates and times of exercises, including additions, 

postponements, and deletions, submitted in the schedule in 

the approved plan shall be communicated verbally to the 

regional office supervisor of the appropriate regional office at 

least one hour before the burn is scheduled; and 

(12) fires for the disposal of material generated as a result of a natural 

disaster, such as tornado, hurricane, or flood, if the regional office 

supervisor grants permission for the burning. The person desiring 

to do the burning shall document and provide written notification 

to the regional office supervisor of the appropriate regional office 

that there is no other practical method of disposal of the waste. 

Factors that the regional office supervisor shall consider in granting 

permission for the burning include type, amount, location of the 

burning, and nature of combustible substances. The regional office 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 200 

 Appendix M 

June 15, 2007
ENR - ENVIRONMENTAL MANAGEMENT 2D .1900 

NORTH CAROLINA ADMINISTRATIVE CODE D-1900-7 

S 45 

supervisor shall not grant permission for the burning if the primary 

purpose of the fire is to dispose of synthetic materials or refuse or 

recovery of salvageable materials. Fires authorized under this 

Subparagraph shall comply with the conditions of Subparagraph 

(b)(2) of this Rule. 

(c) The authority to conduct open burning under this Section does not exempt or 

excuse any person from the consequences, damages or injuries that may result 

from this conduct. It does not excuse or exempt any person from complying with 

all applicable laws, ordinances, rules or orders of any other governmental entity 

having jurisdiction even though the open burning is conducted in compliance 

with this Section. 

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

Eff. July 1, 1996; 

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

15A NCAC 02D .1904 AIR CURTAIN BURNERS

(a) Air quality permits shall be required for air curtain burners subject to 40 CFR 

60.2245 through 60.2265 or located at permanent sites or where materials are 

transported in from another site. Air quality permits shall not be required for air 

curtain burners located at temporary land clearing or right-of-way maintenance 

sites for less than nine months unless they are subject to 40 CFR 60.2245 

through 60.2265. The operation of air curtain burners in particulate and ozone 

nonattainment areas shall cease in any area that has been forecasted by the 

Department, or the Forsyth County Environmental Affairs Department for the 

Triad air quality forecast area, to be in an Air Quality Action Day Code “Orange” 

or above during the time period covered by that forecast. 

(b) Air curtain burners shall comply with the following conditions and 

stipulations: ⋅

(1) The wind direction at the time that the burning is initiated and the 

wind direction as forecasted by the National Weather Service 

during the time of the burning shall be away from any area, 

including public roads within 250 feet of the burning as measured 

from the edge of the pavement or other roadway surface, which may 

be affected by smoke, ash, or other air pollutants from the burning; 

(2) Only collected land clearing and yard waste materials may be 

burned. Heavy oils, asphaltic materials, items containing natural or 

synthetic rubber, tires, grass clippings, collected leaves, paper 

products, plastics, general trash, garbage, or any materials 

containing painted or treated wood materials shall not be burned. 

Leaves still on trees or brush may be burned; 

(3) No fires shall be started or material added to existing fires when the 

Division of Forest Resources has banned burning for that area; 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 201 

 Appendix M 

June 15, 2007
ENR - ENVIRONMENTAL MANAGEMENT 2D .1900 

NORTH CAROLINA ADMINISTRATIVE CODE D-1900-8 

S 45 

(4) Burning shall be conducted only between the hours of 8:00 a.m. 

and 6:00 p.m.; 

(5) The air curtain burner shall not be operated more than the 

maximum source operating hours-per-day and days-per-week. The 

maximum source operating hours-per-day and days-per-week shall 

be set to protect the ambient air quality standard and prevention of 

significant deterioration (PSD) increment for particulate. The 

maximum source operating hours-per-day and days-per-week shall 

be determined using the modeling procedures in Rule .1106(b), (c), 

and (f) of this Subchapter. This Subparagraph shall not apply to 

temporary air curtain burners; 

(6) An air curtain burner with an air quality permit shall have onsite at 

all times during operation of the burner a visible emissions reader 

certified according to 40 CFR Part 60, Method 9 to read visible 

emissions, and the facility shall test for visible emissions within five 

days after initial operation and within 90 days before permit 

expiration; 

(7) Air curtain burners shall meet manufacturer’s specifications for 

operation and upkeep to ensure complete burning of material 

charged into the pit. Manufacturer’s specifications shall be kept on 

site and be available for inspection by Division staff; 

(8) Except during start-up, visible emissions shall not exceed ten 

percent opacity when averaged over a six-minute period except that 

one six-minute period with an average opacity of more than ten 

percent but no more than 35 percent shall be allowed for any onehour period. During start-up, the visible emissions shall not exceed 

35 percent opacity when averaged over a six-minute period. Startup shall not last for more than 45 minutes, and there shall be no 

more than one start-up per day. Air curtain burners subject to 40 

CFR 60.2245 through 60.2265 shall comply with the opacity 

standards in 40 CFR 60.2250 instead of the opacity standards in 

this Subparagraph; 

(9) The owner or operator of an air curtain burner shall not allow ash 

to build up in the pit to a depth higher than one-third of the depth 

of the pit or to the point where the ash begins to impede 

combustion, whichever occurs first. The owner or operator of an air 

curtain burner shall allow the ashes to cool and water the ash prior 

to its removal to prevent the ash from becoming airborne; 

(10) The owner or operator of an air curtain burner shall not load 

material into the air curtain burner such that it will protrude above 

the air curtain; 

(11) Only distillate oil, kerosene, diesel fuel, natural gas, or liquefied 

petroleum gas may be used to start the fire; and 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 202 

 Appendix M 

June 15, 2007
ENR - ENVIRONMENTAL MANAGEMENT 2D .1900 

NORTH CAROLINA ADMINISTRATIVE CODE D-1900-9 

S 45 

(12) The location of the burning shall be at least 500 feet from any 

dwelling, group of dwellings, or commercial or institutional 

establishment, or other occupied structure not located on the 

property on which the burning is conducted. The regional office 

supervisor may grant exceptions to the setback requirements if a 

signed, written statement waiving objections to the air curtain 

burning is obtained from a resident or an owner of each dwelling, 

commercial or institutional establishment, or other occupied 

structure within 500 feet of the burning site. In case of a lease or 

rental agreement, the lessee or renter, and the property owner shall 

sign the statement waiving objections to the burning. The statement 

shall be submitted to and approved by the regional office supervisor 

before initiation of the burn. Factors that the regional supervisor 

shall consider in deciding to grant the exception include: all the 

persons who need to sign the statement waiving the objection have 

signed it; the location of the burn; and the type, amount, and nature 

of the combustible substances. 

Compliance with this Rule does not relieve any owner or operator of an air 

curtain burner from the necessity of complying with other rules in this Section or 

any other air quality rules. 

(c) Recordkeeping Requirements. The owner or operator of an air curtain burner 

at a permanent site shall keep a daily log of specific materials burned and 

amounts of material burned in pounds per hour and tons per year. The logs at a 

permanent air curtain burner site shall be maintained on site for a minimum of 

two years and shall be available at all times for inspection by the Division of Air 

Quality. The owner or operator of an air curtain burner at a temporary site shall 

keep a log of total number of tons burned per temporary site. The owner or 

operator of air curtain burner subject to 40 CFR 60.2245 through 60.2265 shall 

comply with the monitoring, recordkeeping, and reporting requirements in 40 

CFR 60.2245 through 60.2265. 

(d) Title V Considerations. Burners that have the potential to burn 8,100 tons of 

material or more per year may be subject to Section 15A NCAC 2Q .0500, Title V 

Procedures. 

(e) Prevention of Significant Deterioration Consideration. Burners that burn 

16,200 tons per year or more may be subject to 15A NCAC 2D .0530, Prevention 

of Significant Deterioration. 

(f) A person may use a burner using a different technology or method of 

operation than an air curtain burner as defined under Rule .1902 of this Section if 

he demonstrates to the Director that the burner is at least as effective as an air 

curtain burner in reducing emissions and if the Director approves the use of the 

burner. The Director shall approve the burner if he finds that it is at least as 

effective as an air curtain burner. This burner shall comply with all the 

requirements of this Rule. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

June 15, 2007
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(g) In addition to complying with the requirements of this rule, an air curtain 

burner that commenced construction after November 30, 1999, or that 

commenced reconstruction or modification on or after June 1, 2001, shall also 

comply with 40 CFR 60.2245 through 60.2265 in addition to the requirements of 

this Rule. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (10); 143-

215.66; 143-215.108; 40 CFR 60.2865; 

Eff. July 1, 1996; 

Amended Eff. December 1, 2005; August 1, 2004. 

15A NCAC 02D .1905 REGIONAL OFFICE LOCATIONS 

Inquiries, requests and plans shall be handled by the appropriate Department of 

Environment and Natural Resources regional offices. They are: 

(1) Asheville Regional Office, 2090 Highway 70, Swannanoa, North 

Carolina 28778 

(2) Winston-Salem Regional Office, 585 Waughtown Street, WinstonSalem, North Carolina 27107; 

(3) Mooresville Regional Office, 610 East Center Avenue, Suite 301, 

Mooresville, North Carolina 28115; 

(4) Raleigh Regional Office, 3800 Barrett Drive, Raleigh, North 

Carolina 27611; 

(5) Fayetteville Regional Office, Systel Building, 225 Green Street, Suite 

714, Fayetteville, North Carolina 28301; 

(6) Washington Regional Office, 943 Washington Square Mall, 

Washington, North Carolina 27889; and 

(7) Wilmington Regional Office, 127 Cardinal Drive Extension, 

Wilmington, North Carolina 28405. 

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

Eff. July 1, 1996; 

Amended Eff. December 1, 2005; 

15A NCAC 02D .1906 DELEGATION TO COUNTY GOVERNMENTS 

(a) The governing body of any county or municipality or group of counties or 

municipalities may establish a partial air pollution control program to implement 

and enforce this Section provided that: 

(1) It has the administrative organization, staff, financial and other 

resources necessary to carry out such a program; 

(2) It has adopted appropriate ordinances, resolutions, and regulations 

to establish and maintain such a program; and 

(3) It has otherwise complied with G.S. 143-215.112 "Local Air Pollution 

Control Programs." 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

June 15, 2007
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(b) The governing body shall submit to the Director documentation 

demonstrating that the requirements of Paragraph (a) of this Rule have been met. 

Within 90 days after receiving the submittal from the governing body, the 

Director shall review the documentation to determine if the requirements of 

Paragraph (a) of this Rule have been met and shall present his findings to the 

Commission. If the Commission determines that the air pollution program is 

adequate, it shall certify the local air pollution program to implement and enforce 

this Section within its area of jurisdiction. 

(c) County and municipal governments shall not have the authority to issue 

permits for air curtain burners at a permanent site as defined in 15A NCAC 02D 

.1904. 

(d) The three certified local air pollution programs, the Western North Carolina 

Regional Air Quality Control Agency, the Forsyth County Environmental Affairs 

Department, and Mecklenburg County Air Quality, a Division of Land Use and 

Environmental Services Agency , shall continue to enforce open burning rules as 

part of their local air pollution programs. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.112; 

Eff. July 1, 1996; 

Amended Eff. December 1, 2005; June 1, 2004. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 205 

 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .2300 

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SECTION .2300 – BANKING EMISSION REDUCTION CREDITS 

15A NCAC 02D .2301 PURPOSE 

This Section provides for the creation, banking, transfer, and use of emission 

reduction credits for: 

(1) nitrogen oxides (NOx), 

(2) volatile organic compounds (VOC), 

(3) sulfur dioxide (SO2), 

(4) fine particulate (PM2.5), and 

(5) ammonia (NH3) 

for offsets under 15A NCAC 02D .0531, Sources in Nonattainment Area. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12); 

 Eff. December 1, 2005. 

15A NCAC 02D .2302 DEFINITIONS 

For the purposes of this Section, the following definitions shall apply: 

(1) “Air permit” means a construction and operation permit issued 

under 15A NCAC 02Q .0300, Construction and Operation Permits, 

or .0500, Title V Procedures. 

(2) “Banking” means a system for recording emission reduction credits 

so that they may be used or transferred in the future. 

(3) “Enforceable” means enforceable by the Division. Methods for 

ensuring that emission reduction credits are enforceable include 

conditions in air permits issued. 

(4) “Federally designated ozone nonattainment area in North Carolina” 

means an area designated as nonattainment for ozone and 

described in 40 CFR 81.334. 

(5) “Federally designated fine particulate (PM2.5) nonattainment area 

in North Carolina” means an area designated as nonattainment for 

fine particulate (PM2.5) and described in 40 CFR 81.334. 

(6) “Netting Demonstration” means the act of calculating a “net 

emissions increase” under the preconstruction review requirements 

of Title I, Part D of the Federal Clean Air Act and the regulations 

promulgated there under in 15A NCAC 02D .0530, Prevention of 

Significant Deterioration, or .0531, Sources in Nonattainment Area. 

(7) “Permanent” means assured for the life of the corresponding 

emission reduction credit through an enforceable mechanism such 

as a permit condition or revocation. 

(8) “Quantifiable” means that the amount, rate, and characteristics of 

the emission reduction credit can be estimated through a reliable, 

reproducible method. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

June 15, 2007
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(9) “Real” means a reduction in actual emissions emitted into the air. 

(10) “Surplus” means not required by any local, State, or federal law, 

rule, order, or requirement and in excess of reductions used by the 

Division in issuing any air permit, in excess of any conditions in an 

air permit to avoid an otherwise applicable requirement, or to 

demonstrate attainment of ambient air quality standards in 15A 

NCAC 02D .0400 or reasonable further progress towards achieving 

attainment of ambient air quality standards. For the purpose of 

determining the amount of surplus emission reductions, any 

seasonal emission limitation or standard shall be assumed to apply 

throughout the year. The following are not considered surplus: 

(a) emission reductions that have previously been used to avoid 

15A NCAC 02D .0530 or .0531 (new source review) through 

a netting demonstration; 

(b) Emission reductions in hazardous air pollutants listed 

pursuant to Section 112(b) of the federal Clean Air Act to the 

extent needed to comply with 15A NCAC 02D .1109, .1111, or 

.1112; however, emission reductions in hazardous air 

pollutants that are also volatile organic compounds beyond 

that necessary to comply with 15A NCAC 02D .1109, .1111, or 

.1112 are surplus; or 

(c) emission reductions used to offset excess emissions from 

another source as part of an alternative mix of controls 

(“bubble”) demonstration under 15A NCAC 02D .0501. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12); 

 Eff. December 1, 2005.

15A NCAC 02D .2303 APPLICABILITY AND ELIGIBILITY 

(a) Applicability. Any facility that has the potential to emit nitrogen oxides, 

volatile organic compounds, sulfur dioxide, ammonia, or fine particulate (PM2.5) 

in amounts greater than 25 tons per year and that is in a federally designated 

ozone or fine particulate (PM2.5) nonattainment area in North Carolina shall be 

eligible to create and bank nitrogen oxides, volatile organic compounds, sulfur 

dioxide, ammonia, or fine particulate (PM2.5) emission reduction credits. 

(b) Eligibility of emission reductions. 

(1) To be approved by the Director as an emission reduction credit, a 

reduction in emissions shall be real, permanent, quantifiable, 

enforceable, and surplus and shall have occurred: 

(A) for ozone after December 31, 2002 for the CharlotteGastonia-Rock Hill, NC-SC nonattainment area, the RaleighDurham-Chapel Hill nonattainment area, the Rocky Mount 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

June 15, 2007
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nonattainment area, and the Haywood and Swain Cos (Great 

Smoky Mountains National Park) nonattainment area, and 

after December 31, 2000 for all other nonattainment areas.

(B) for fine particulate (PM2.5) after December 31, 2002 for the 

Greensboro-Winston-Salem-High Point, NC and HickoryMorganton-Lenoir, NC nonattainment areas. 

(2) To be eligible for consideration as emission reduction credits, 

emission reductions may be created by any of the following 

methods: 

(A) installation of control equipment beyond what is necessary 

to comply with existing rules; 

(B) a change in process inputs, formulations, products or 

product mix, fuels, or raw materials; 

(C) a reduction in actual emission rate; 

(D) a reduction in operating hours; 

(E) production curtailment or reduction in throughput; 

(F) shutdown of emitting sources or facilities; or 

(G) any other enforceable method that the Director finds 

resulting in real, permanent, quantifiable, enforceable, and 

surplus reduction of emissions. 

(c) Ineligible for emission reduction credit. Emission reductions from the 

following shall not be eligible to be banked as emission reduction credits: 

(1) sources covered under a special order or variance until compliance 

with the emission standards that are the subject of the special order 

or variance is achieved; 

 (2) sources that have operated less than 24 months; 

(3) emission allocations and allowances used in the nitrogen oxide 

budget trading program under 15A NCAC 02D .1419; . 

(4) emission reductions outside North Carolina; or 

(5) mobile sources. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12) 

 Eff. December 1, 2005.

15A NCAC 02D .2304 QUALIFICATION OF EMISSION REDUCTION 

CREDITS 

For purposes of calculating the amount of emission reduction that can be 

quantified as an emission reduction credit, the following procedures shall be 

followed: 

(1) The source’s average actual annual emissions before the emission 

reduction shall be calculated in tons per year. In calculating average 

actual annual emissions before the emission reduction, data from 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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June 15, 2007
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the 24-month period immediately preceding the reduction in 

emissions shall be used. The Director may allow the use of a 

different time period, not to exceed seven years immediately 

preceding the reduction in emissions if the owner or operator of the 

source documents that such period is more representative of 

normal source operation. 

(2) The emission reduction credit generated by the emission reduction 

shall be calculated by subtracting the allowable annual emissions 

rate following the reduction from the average actual annual 

emissions prior to the reduction. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12); 

 Eff. December 1, 2005.

15A NCAC 02D .2305 CREATING AND BANKING EMISSION 

REDUCTION CREDITS 

(a) The owner or operator of a source seeking to create and bank emission 

reduction credits shall submit over the signature of the responsible official for a 

Title V facility or the official identified in 15A NCAC 02Q .0304(j) for a non-Title 

V facility the following information, which may be on an application form 

provided by the Division: 

(1) the company name, contact person and telephone number, and 

street address of the source seeking the emission reduction credit; 

(2) a description of the type of source where the proposed emission 

reduction occurred or will occur; 

(3) a detailed description of the method or methods to be employed to 

create the emission reduction; 

(4) the date that the emission reduction occurred or will occur; 

(5) quantification of the emission reduction credit as described under 

Rule .2304 of this Section; 

(6) the proposed method for ensuring the reductions are permanent 

and enforceable, including any necessary application to amend the 

facility’s air permit or, for a shutdown of an entire facility, a request 

for permit rescission; 

(7) whether any portion of the reduction in emissions to be used to 

create the emission reduction credit has previously been used to 

avoid 15A NCAC 02D .0530 (prevention of significant 

deterioration) or .0531 (nonattainment major new source review) 

through a netting demonstration; 

(8) any other information necessary to demonstrate that the reduction 

in emissions is real, permanent, quantifiable, enforceable, and 

surplus, and 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

June 15, 2007
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(9) a complete permit application if the permit needs to be modified to 

create or enforce the emission reduction credit. 

(b) If the Director finds that 

(1) all the information required to be submitted under Paragraph (a) of 

this Rule has been submitted; 

(2) the source is eligible under Rule .2303 of this Section; 

(3) a complete permit application has been submitted, if necessary, to 

implement the reduction in emissions; and 

(4) the reduction in emissions is real, permanent, quantifiable, 

enforceable, and surplus; 

the Director shall issue the source a certificate of emission reduction credit 

once the facility’s permit is modified, if necessary, to reflect permanently 

the reduction in emissions. The Director shall register the emission 

reduction credit for use only after the reduction has occurred. 

(c) Processing schedule. 

(1) The Division shall send written acknowledgement of receipt of the 

request to create and bank emission credits within 10 days of 

receipt of the request. 

(2) The Division shall review all request to create and bank emission 

credits within 30 days to determine whether the application is 

complete or incomplete for processing purposes. If the application 

is incomplete the Division shall notify the applicant of the 

deficiency. The applicant shall have 90 days to submit the requested 

information. If the applicant fails to provide the requested 

information within 90 days, the Division shall return the 

application. 

(3) The Director shall either approve or disapprove the request within 

90 days after receipt of a complete application requesting the 

banking of emission reduction credits. Upon approval the Director 

shall issue a certificate of emission reduction credit. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12); 

 Eff. December 1, 2005.

15A NCAC 02D .2306 DURATION OF EMISSION REDUCTION 

CREDITS 

Banked emission reduction credits are permanent until withdrawn by the owner 

or until withdrawn by the Director under Rule .2310 of this Section. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12); 

 Eff. December 1, 2005.

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 210 

 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .2300 

NORTH CAROLINA ADMINISTRATIVE CODE D-2300- 6 

S 45 

15A NCAC 02D .2307 USE OF EMISSION REDUCTION CREDITS 

(a) Persons holding emission reduction credits may withdraw the emission 

reduction credits and may use them in any manner consistent with this Section. 

(b) An emission reduction credit may be withdrawn only by the owner of record 

or by the Director under Rule .2310 of this Section and may be withdrawn in 

whole or in part. In the case of a partial withdrawal, the Director shall issue a 

revised certificate of emission reduction credit to the owner of record reflecting 

the new amount of the credit and shall revoke the original certificate. 

(c) Emission reduction credits may be used for the following purposes: 

(1) as offsets or netting demonstrations required by 15A NCAC 02D 

.0531 for a major new source of: 

(A) nitrogen oxides or volatile organic compounds in a federally 

designated ozone nonattainment area, or 

(B) fine particulate (PM2.5) in a federally designated PM2.5 

nonattainment area; 

(2) as offsets or netting demonstrations required by 15A NCAC 02D 

.0531 for a major modification to an existing major source of: 

(A) nitrogen oxides or volatile organic compounds in a federally 

designated ozone nonattainment area, or 

(B) fine particulate (PM2.5) in a federally designated PM2.5 

nonattainment area; 

(3) as part of a netting demonstration required by 15A NCAC 02D 

.0530 when the source using the emission reduction credits is the 

same source that created and banked the emission reduction 

credits; or 

(4) to remove a permit condition that created an emission reduction 

credit. 

(d) Emission reduction credits generated through reducing emissions of one 

pollutant shall not be used for trading with or offsetting of another pollutant, for 

example emission reduction credits for volatile organic compounds in an ozone 

nonattainment area shall not be used to offset nitrogen oxide emissions. 

(e) Limitations on use of emission reduction credits. 

(1) Emission reduction credits shall not be used to exempt a source 

from: 

(A) prevention of significant deterioration requirements (15A 

NCAC 02D .0530) for netting demonstrations unless the 

emission reduction credits have been banked by the facility 

at which the new or modified source is located and have been 

banked during the period specified in 15A NCAC 02D .0530. 

This Subparagraph does not preclude the use of emission 

reductions not banked as emission credits to complete 

netting demonstrations. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 211 

 Appendix M 

June 15, 2007
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(B) nonattainment major new source review (15A NCAC 02D 

.0531) unless the emission reduction credits have been 

banked by the facility at which the new or modified source is 

located and have been banked during the period specified in 

15A NCAC 02D .0531. This Subparagraph does not preclude 

the use of emission reductions not banked as emission 

credits to complete netting demonstrations. 

(C) new source performance standards (15A NCAC 02D .0524), 

national emission standards for hazardous air pollutants 

(15A NCAC 02D .1110), or maximum achievable control 

technology (15A NCAC 02D .1109, .1111, or .1112); or 

(D) any other requirement of Subchapter 15A NCAC 02D unless 

the emission reduction credits have been banked by the 

facility at which the new or modified source is located. 

(2) Emission reduction credits shall not be used to allow a source to 

emit above the limit established by a rule in Subchapter 15A NCAC 

02D. (If the owner or operator wants to permit a source to emit 

above the limit established by a rule in Subchapter 15A NCAC 02D, 

he needs to follow the procedures in 15A NCAC 02D .0501 for an 

alternative mix of controls [“bubble”].) 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12); 

 Eff. December 1, 2005.

15A NCAC 02D .2308 CERTIFICATES AND REGISTRY 

(a) Certificates of emission reduction credit issued by the Director shall contain 

the following information: 

(1) the pollutant reduced (nitrogen oxides, volatile organic compounds, 

sulfur dioxide, ammonia, or fine particulate); 

(2) the amount of the credit in tons per year; 

(3) the date the reduction occurred; 

(4) company name, the street address and county of the source where 

the reduction occurred; and 

(5) the date of issuance of the certificate. 

(b) The Division shall maintain an emission reduction credit registry that 

constitutes the official record of all certificates of emission reduction credit issued 

and all withdrawals made. The registry shall be available for public review. For 

each certificate issued, the registry shall show the amount of the emission 

reduction credit, the pollutant reduced, the name and location of the facility 

generating the emission reduction credit, and the facility contact person. The 

Division shall maintain records of all deposits, deposit applications, withdrawals, 

and transactions. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 212 

 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .2300 

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S 45 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12); 

 Eff. December 1, 2005.

15A NCAC 02D .2309 TRANSFERRING EMISSION REDUCTION 

CREDITS 

(a) If the owner of a certificate of emission reduction credit transfers the 

certificate to a new owner, the Director shall issue a certificate of emission 

reduction credit to the new owner and shall revoke the certificate held by the 

current owner of record. 

(b) If the owner of a certificate of emission reduction credit transfers part of the 

emission reduction credits represented by the certificate to a new owner, the 

Director shall issue a certificate of emission reduction credit to the new owner 

reflecting the transferred amount and shall issue a certificate of emission 

reduction credit to the current owner of record reflecting the amount of emission 

reduction credit remaining after the transfer. The Director shall revoke the 

original certificate of emission reduction credit. 

(c) For any transferred emission reduction credits, the creator of the emission 

reduction credit shall continue to have enforceable conditions in the appropriate 

permit to assure permanency of the emission reduction and shall be held liable 

for compliance with those conditions; the user of any transferred emission 

reduction credits shall not be held liable for any failure of the creator to comply 

with its permit. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12); 

 Eff. December 1, 2005.

15A NCAC 02D .2310 REVOCATION AND CHANGES OF EMISSION 

REDUCTION CREDITS 

(a) The Director may withdraw emission reduction credits if the emission 

credits: 

 (1) have already been used; 

 (2) are incorrectly calculated; or 

 (3) achieved are less than those claimed. 

(b) If a banked emission reduction credit were calculated using an emission 

factor and the emission factor changes, the Director shall revise the banked 

emission reductions credit to reflect the change in the emission factor. If a 

banked emission reduction credit has been used, then no change shall be made in 

the used credit. 

(c) When a rule is adopted or amended in this Subchapter or Subchapter 15A 

NCAC 02Q after November 1, 2005, the Director shall adjust the banked 

emission reduction credits to account for changes in emissions that would be 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

June 15, 2007
ENR – ENVIRONMENTAL MANAGEMENT 2D .2300 

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S 45 

allowed under the new emission limitation with which the source must currently 

comply if it is still operating. If a source has permanently ceased operations, then 

the Director shall make no adjustments in its banked emissions reduction credits. 

If a banked emission reduction credit has been used, no change shall be made in 

the used credit. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12); 

 Eff. December 1, 2005.

15A NCAC 02D .2311 MONITORING 

The Director shall require the owner or operator of a source whose emissions are 

being reduced to create an emission reduction credit to verify the reduction in 

emissions with a source test, continuous emission monitoring, or other methods 

that measure the actual emissions or may require the use of parametric 

monitoring to show that the source or its control device is being operated in the 

manner that it is designed or is permitted. 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.66; 143-

215.107(a)(12); 

 Eff. December 1, 2005. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 214 

 Appendix M 

June 15, 2007
SECTION .2400 – CLEAN AIR INTERSTATE RULES 

15A NCAC 02D .2401 PURPOSE AND APPLICABILITY 

(a) Purpose. The purpose of this Section is to implement the federal Clean Air 

Interstate Rule and thereby reduce the interstate transportation of fine 

particulate matter and ozone. 

(b) Applicability. Except as provided in 40 CFR 96.104(b), 96.204(b), and 

96.304(b), this Section applies to: 

(1) any stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired 

combustion turbine serving at any time, since the later of November 

15, 1990 or the start-up of a unit’s combustion chamber, a generator 

with nameplate capacity of more than 25 MWe producing electricity 

for sale; 

(2) for a unit that qualifies as a cogeneration unit during the 12-month 

period starting on the date that the unit first produces electricity 

and continues to qualify as a cogeneration unit, a cogeneration unit 

serving at any time since the later of November 15, 1990 or start-up 

of the unit’s combustion chamber a generator with nameplate 

capacity of more than 25 MWe and supplying in any calendar year 

more than one-third of the unit’s potential electric output capacity 

or 219,000 MWh, whichever is greater, to any utility power 

distribution system for sale. If a unit that qualifies as a cogeneration 

unit during the 12-month period starting on the date the unit first 

produces electricity but subsequently no longer qualifies as a 

cogeneration unit, the unit shall be subject to Subparagraph (1) of 

this Paragraph starting on the day on which the unit first serves a 

generator with nameplate capacity of more than 25 MWe producing 

electricity for sale; or 

(3) fossil fuel-fired stationary boilers, combustion turbines, or 

combined cycle systems having a maximum design heat input 

greater than 250 million Btu per hour that are not covered under 

Subparagraph (b)(1) or (2) of this Rule except stationary 

combustion turbines constructed before January 1, 1979, that have 

a federally enforceable permit that restricts: 

(A) its potential emissions of nitrogen oxides to no more than 25 

tons between May 1 and September 30; 

(B) it to burning only natural gas or oil; and 

(C) its hours of operation as described in 40 CFR 96.4(b)(1)(ii) 

and (iii). 

(c) Retired unit exemption. Any unit that is permanently retired and is not an 

opt-in unit under Rule .2411 of this Section shall be exempted from the annual 

trading program for: 

(1) nitrogen oxides if it complies with the provisions of 40 CFR 96.105, 

(2) sulfur dioxide if it complies with the provisions of 40 CFR 96.205, 

or 

NORTH CAROLINA ADMINISTRATIVE CODE D-2400-1 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

June 15, 2007
(3) ozone season nitrogen oxides if it complies with the provisions of 

40 CFR 96.305. 

(d) Effect on other authorities. No provision of this Section, any application 

submitted or any permit issued pursuant to Rule .2406 of this Section, or any 

exemption under 40 CFR 96.105, 96.205, or 96.305 shall be construed as 

exempting any source or facility covered under this Section or the owner or 

operator or designated representative of any source or facility covered under this 

Section from complying with any other requirements of this Subchapter or 

Subchapter 15A NCAC 02Q or the Clean Air Act. The Environmental 

Management Commission may specify through rulemaking a specific emission 

limit lower than that established under this Rule for a specific source if 

compliance with the lower emission limit is required to attain or maintain the 

ambient air quality standard for ozone or fine particulate (PM2.5) or any other 

ambient air quality standard in Section 15A NCAC 02D .0400. 

History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10); 

 Eff. July 1, 2006. 

15A NCAC 02D .2402 DEFINITIONS 

(a) For the purpose of this Section, the definitions in 40 CFR 96.102, 96.202 and 

96.302 shall apply except that solely for the purposes of units subject to 

Subparagraph .2401(b)(3) of this Section or .2405 (a)(2) of this Section, the term 

“fossil-fuel-fired” means: 

(1) sources that began operation before January 1, 1996, where fossil 

fuel actually combusted either alone or in combination with any 

other fuel, comprised more than 50 percent of the annual heat 

input on a Btu basis during 1995, or, if a source had no heat input in 

1995, during the last year of operation of the unit before 1995; 

(2) sources that began operation on or after January 1, 1996 and before 

January 1, 1997, where fossil fuel actually combusted either alone or 

in combination with any other fuel, comprised more than 50 

percent of the annual heat input on a Btu basis during 1996; or 

 (3) sources that began operation on or after January 1, 1997; 

(A) Where fossil fuel actually combusted either alone or in 

combination with any other fuel, comprised more than 50 

percent of the annual heat input on a Btu basis during any 

year as determined by the owner or operator of the source 

and verified by the Director; or 

(B) Where fossil fuel combusted either alone or in combination 

with any other fuel, is projected to comprise more than 50 

percent of the annual heat input on a Btu basis during any 

year, provided that the unit shall be “fossil-fuel-fired” as of 

the date, during such year, on which the source begins 

combusting fossil fuel. 

(b) Notwithstanding the provisions of the definition of “commence commercial 

NORTH CAROLINA ADMINISTRATIVE CODE D-2400-2 

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operation” in 40 CFR 96.302, for a unit under Subparagraphs .2401(b)(3) or 

.2405(a)(2) of this Section, and not serving a generator, the unit’s date of 

commencement of operations shall also be the unit’s date of commencement of 

commercial operation. 

(c) Notwithstanding the provisions of the definition of “commence operation” in 

40 CFR 96.302, and solely for the purposes of 40 CFR Part 96 Subpart HHHH, 

for a unit that is not a CAIR NOx Ozone Season unit, under Rule .2401(b)(3) or 

.2405(a)(2) on the later of November 15, 1990 or the date the unit commenced or 

commences operation as defined in the first provision of this definition in 40 CFR 

96.302 and that subsequently becomes or became such a CAIR NOx Ozone 

Season unit, the unit’s date for commencement of operation shall be the date on 

which the unit becomes or became a CAIR NOx Ozone Season unit under Rule 

.2401(b)(3) or .2405(a)(2) of this Section. 

(d) For the purposes of this Section, the following definitions apply: 

(1) “Modification” means modification as defined in 15A NCAC 02D 

.0101. 

(2) “Reconstruction” means the replacement of components of an 

existing unit that meets the requirements of 40 CFR60.15(b)(1). 

(3) “Replacement” means removing an existing unit and putting in its 

place at the same facility a functionally equivalent new unit. 

(e) For the purpose of this Section, the abbreviations and acronyms listed in 40 

CFR 96.103, 96.203, 96.303 shall apply. 

History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10); 

 Eff. July 1, 2006. 

15A NCAC 02D .2403 NITROGEN OXIDE EMISSIONS 

(a) Allocations. The annual allocations of nitrogen oxide allowances are: 

FACILITY ALLOCATIONS FOR 

2009-2014 

(TONS) 

ALLOCATIONS 

FOR 

2015 AND 

LATER 

(TONS) 

Butler-Warner Generation Plant 77 65

Craven County Wood Energy, LP 498 424

Duke Energy, Belews Creek 10,837 9,220

Duke Energy, Buck 1,355 1,153

Duke Energy, Cliffside 2,932 2,495

Duke Energy, Dan River 792 674

Duke Energy, G.G. Allen 4,338 3,691

Duke Energy, Lincoln 230 196

Duke Energy, Marshall 9,667 8,225

Duke Energy, Riverbend 1,709 1,454

NORTH CAROLINA ADMINISTRATIVE CODE D-2400-3 

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June 15, 2007
NORTH CAROLINA ADMINISTRATIVE CODE D-2400-4 

FACILITY ALLOCATIONS FOR 

2009-2014 

(TONS) 

ALLOCATIONS 

FOR 

2015 AND 

LATER 

(TONS) 

Dynegy-Rockingham Power 194 165

Edgecombe GenCo 807 687

Elizabethtown Power 86 73

Lumberton Power 121 103

NC Electric Membership Corps., 7 6

NC Electric Membership Corps., 7 6

NC Electric Membership Corps., 7 6

NC Electric Membership Corps., 7 6

Primary Energy, Roxboro 164 140

Primary Energy, Southport 401 341

Progress Energy, Asheville 2,103 1,789

Progress Energy, Blewett 8 7

Progress Energy, Cape Fear 1,244 1,059

Progress Energy, H.F. Lee 1,776 1,511

Progress Energy, L.V. Sutton 2,146 1,826

Progress Energy, Lee Wayne Co. 94 80

Progress Energy, Mark's Creek 374 318

Progress Energy, Mayo 4,004 3,407

Progress Energy, Roxboro 11,578 9,851

Progress Energy, Weatherspoon 674 573

Progress Energy, Woodleaf Rowan 25 22

Rosemary Power Station, Halifax 42 36

Westmoreland LG&E Partners 963 819

Westmoreland LG&E Partners 306 261

In the event that EPA determines that Craven County Wood Energy is not subject 

to the provisions of this Section, its allocation shall go to the new source growth 

pool. 

(b) Compliance. The emissions of nitrogen oxides of a CAIR NOx source shall not 

exceed the number of allowances that it has in its compliance account established 

and administered under Rule .2408 of this Section. 

(c) Emission measurement requirements. The emissions measurements 

recorded and reported according to 40 CFR Part 96 Subpart HH shall be used to 

determine compliance by each CAIR NOx source with its emissions limitation 

according to 40 CFR 96.106(c). 

(d) Excess emission requirements. The provisions of 40 CFR 96.106(d) shall be 

used for excess emissions. 

(e) Liability. The owner or operator of any unit or source covered under this 

Section shall be subject to the provisions of 40 CFR 96.106(f). 

Adopted State Measures 

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June 15, 2007
(f) Modification and reconstruction, replacement, retirement, or change of 

ownership. The modification or reconstruction of a CAIR NOx unit shall not 

make that CAIR NOx unit a “new” CAIR NOx unit under Rule .2412 of this 

Section. The CAIR NOx unit that is modified or reconstructed shall not change 

the emission allocation under Paragraph (a) of this Rule. If one or more CAIR 

NOx units at a facility covered under this Rule is replaced, the new CAIR NOx 

unit shall not receive an allocation under Rule .2412 of this Section, nor shall it 

change the allocation of the facility. If the owner of a facility changes, the 

emission allocations under this Rule and revised emission allocations made 

under Rule .2413 of this Section shall remain with the facility. If a CAIR NOx unit 

is retired, the owner or operator and the designated representatives of the CAIR 

NOx unit shall follow the procedures in 40 CFR 96.105. The allocations of a 

retired CAIR NOx unit shall remain with the owner or operator of the retired 

CAIR NOx unit until a reallocation occurs under Rule .2413 of this Section when 

the allocation shall be removed and given to other CAIR NOx units if the retired 

CAIR NOx unit is still retired using the procedure in Rule .2413 of this Section. 

History Note: Authority G.S. 143-215.3(a); 143-215.65; 143-215.66; 143-

215.107(a)(5), (10); 

 Eff. July 1, 2006. 

15A NCAC 02D .2404 SULFUR DIOXIDE 

(a) Applicability. This Rule applies only to facilities that meet the description in 

Rule .2401(b)(1) or (2) of this Section. 

(b) Allocations. The annual allocation of sulfur dioxide allowances shall be 

determined by EPA. The allocations for CAIR SO2 units are in 40 CFR 73.10. 

(c) Compliance. The emissions of sulfur dioxides of a source described in 

Paragraph (a) of this Rule shall not exceed the number of allowances that it has in 

its compliance account established and administered under Rule .2408 of this 

Section. 

(d) Emission measurement requirements. The emissions measurements 

recorded and reported according to 40 CFR Part 96 Subpart HHH shall be used 

to determine compliance by each CAIR SO2 source with its emissions limitation 

according to 40 CFR 96.206(c). 

(e) Excess emission requirements. The provisions of 40 CFR 96.206(d) shall be 

used for excess emissions. 

(f) Liability. The owner or operator of any unit or source covered under this 

Section shall be subject to the provisions of 40 CFR 96.206(f). 

History Note: Authority G.S. 143-215.3(a); 143-215.65; 143-215.66; 143-

215.107(a)(5), (10); 

 Eff. July 1, 2006.

NORTH CAROLINA ADMINISTRATIVE CODE D-2400-5 

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North Carolina Attainment Demonstration

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June 15, 2007
15A NCAC 02D .2405 NITROGEN OXIDE EMISSIONS DURING 

OZONE SEASON 

(a) Allocations. The ozone season allocations of nitrogen oxide allowances are: 

(1) Facilities that meet the description in 15A NCAC 02D .2401(b)(1) or 

(b)(2): 

FACILITY ALLOCATIONS FOR 

2009-2014 

(TONS) 

ALLOCATIONS 

FOR 

2015 AND 

LATER 

(TONS) 

Butler-Warner Generation Plant 53 45

Craven County Wood Energy, LP 211 179

Duke Energy, Belews Creek 4,917 4,184

Duke Energy, Buck 656 558

Duke Energy, Cliffside 1,350 1,148

Duke Energy, Dan River 436 371

Duke Energy, G.G. Allen 2,096 1,784

Duke Energy, Lincoln 169 144

Duke Energy, Marshall 4,179 3,556

Duke Energy, Riverbend 859 731

Dynegy-Rockingham Power 99 84

Edgecombe GenCo 331 281

Elizabethtown Power 51 43

Lumberton Power 46 39

NC Electric Membership Corps.-

Anson 7 6

NC Electric Membership Corps.-

Person 7 6

NC Electric Membership Corps.-

Richmond 7 6

NC Electric Membership Corps.-

Wake 7 6

Primary Energy, Roxboro 83 71

Primary Energy, Southport 213 181

Progress Energy, Asheville 899 765

Progress Energy, Blewett 7 6

Progress Energy, Cape Fear 527 448

Progress Energy, H.F. Lee 841 716

Progress Energy, L.V. Sutton 1,023 871

Progress Energy, Lee Wayne Co. 

Plant 64 54

NORTH CAROLINA ADMINISTRATIVE CODE D-2400-6 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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June 15, 2007
NORTH CAROLINA ADMINISTRATIVE CODE D-2400-7 

FACILITY ALLOCATIONS FOR 

2009-2014 

(TONS) 

ALLOCATIONS 

FOR 

2015 AND 

LATER 

(TONS) 

Progress Energy, Mark's Creek 

Richmond Co. 335 285

Progress Energy, Mayo 1,735 1,476

Progress Energy, Roxboro 5,069 4,314

Progress Energy, Weatherspoon 346 295

Progress Energy, Woodleaf Rowan 

Co. Plant 25 20

Rosemary Power Station, Halifax 26 22

Westmoreland LG&E Partners 

Roanoke Valley I 387 329

Westmoreland LG&E Partners 

Roanoke Valley II 124 105

In the event that EPA determines that Craven County Wood Energy 

is not subject to the provisions of this Section, its allocation shall go 

to the new source growth pool. 

(2) Facilities that do not meet the description in 15A NCAC 02D 

.2401(b)(1) or (b)(2): 

FACILITY ALLOCATON 

FOR 

2009-2014 

(TONS) 

ALLOCATIONS 

FOR 

2015 AND 

LATER 

(TONS) 

Blue Ridge Paper Products 839 839

International Paper Corp., Columbus Co. 307 307

International Paper Corp., Halifax Co. 346 346

United Cogen, Kenansville 113 113

UNC-Chapel Hill 241 241

Weyerhaeuser, New Bern Mill 193 193

Weyerhaeuser, Plymouth 404 404

(b) Ozone season defined. The ozone season is from May 1 through September 

30 of each year. 

(c) Change in status. If a unit at a facility named in Subparagraph (a)(2) of this 

Rule meets the description under Subparagraphs (b)(1) or (b)(2) of Rule .2401 of 

this Section, it shall lose its allocation under Subparagraph (a)(2) of this Rule and 

shall receive an allocation under Rule .2412 of this Section as a new unit until it 

receives an allocation under Rule .2413 of this Section. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

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June 15, 2007
(d) Compliance. The nitrogen oxide ozone season emissions of a CAIR NOx 

Ozone Season source shall not exceed the number of allowances that it has in its 

compliance account established and administered under Rule .2408 of this 

Section. For purposes of making deductions for excess emissions for the ozone 

season in 2008 under the NOx SIP Call (Section 15A NCAC 02D .1400), the 

Administrator shall deduct allowances allocated under this Rule for the ozone 

season in 2009. 

(e) Emission measurement requirements. The emissions measurements 

recorded and reported according to 40 CFR Part 96 Subpart HHHH shall be used 

to determine compliance by each CAIR NOx Ozone Season source with its 

emissions limitation according to 40 CFR 96.306(c). 

(f) Excess emission requirements. The provisions of 40 CFR 96.306(d) shall be 

used for excess emissions. 

(g) Liability. The owner or operator of any unit or source covered under this 

Section shall be subject to the provisions of 40 CFR 96.306(f). 

(h) Modification and reconstruction, replacement, retirement, or change of 

ownership. The modification or reconstruction of a CAIR NOx Ozone Season unit 

shall not make that CAIR NOx Ozone Season unit a “new” CAIR NOx Ozone 

Season unit under Rule .2412. The CAIR NOx Ozone Season unit that is modified 

or reconstructed shall not change the emission allocation under Paragraph (a) of 

this Rule. If one or more CAIR NOx Ozone Season units at a facility is replaced, 

the new CAIR NOx Ozone Season unit shall not receive an allocation under Rule 

.2412 of this Section, nor shall it change the allocation of the facility. If the owner 

of a facility changes, the emission allocations under this Rule and revised 

emission allocations made under Rule .2413 of this Section shall remain with the 

facility. If a CAIR NOx Ozone Season unit is retired, the owner or operator, and 

designated representatives, of the CAIR NOx Ozone Season unit shall follow the 

procedures in 40 CFR 96.305. The allocations of a retired CAIR NOx Ozone 

Season unit shall remain with the owner or operator of the retired CAIR NOx 

Ozone Season unit until a reallocation occurs under Rule .2413 of this Section 

when the allocation shall be removed and given to other CAIR NOx Ozone Season 

units if the retired CAIR NOx Ozone Season unit is still retired using the 

procedure in Rule .2413 of this Section. 

History Note: Authority G.S. 143-215.3(a); 143-215.65; 143-215.66; 143-

215.107(a)(5), (10); 

 Eff. July 1, 2006. 

15A NCAC 02D .2406 PERMITTING 

(a) The owner or operator of any source covered under this Section shall submit 

permit applications to comply with the requirements of this Section following the 

procedures and requirements in 15A NCAC 02Q .0500 (Title V permitting 

procedures) and in: 

(1) 40 CFR 96.106(a), 96.121, and 96.122 for each CAIR NOx source; 

NORTH CAROLINA ADMINISTRATIVE CODE D-2400-8 

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(2) 40 CFR 96.206(a), 96.221, and 96.222 for each CAIR SO2 source; 

and 

(3) 40 CFR 96.306(a), 96.321, and 96.322 for each CAIR NOx Ozone 

Season source. 

(b) The Director shall review applications submitted under Paragraph (a) of this 

Rule and issue permits for compliance with this Section following the procedures 

and requirements in 15A NCAC 02Q .0500 (Title V permitting procedures) and 

in: 

(1) 40 CFR 96.106(a), 96.120, 96.123, and 96.124 for each CAIR NOx 

source; 

(2) 40 CFR 96.206(a), 96.220, 96.223, and 96.224 for each CAIR SO2

source; and 

(3) 40 CFR 96.306(a), 96.320, 96.323, and 96.324 for each CAIR NOx 

Ozone Season source. 

History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10); 143-

215.108’ 

 Eff. July 1, 2006. 

15A NCAC 02D .2407 MONITORING, REPORTING, AND 

RECORDKEEPING 

(a) The owner or operator of a unit covered under this Section shall comply with 

the monitoring, recordkeeping, and reporting requirements in: 

(1) 40 CFR 96.106(b) and (e) and in 40 CFR Part 96, Subpart HH for 

each CAIR NOx unit; 

(2) 40 CFR 96.206(b) and (e) and in 40 CFR Part 96, Subpart HHH for 

each CAIR SO2 unit; and 

(3) 40 CFR 96.306(b) and (e) and in 40 CFR Part 96, Subpart HHHH 

for each CAIR Ozone Season NOx unit. 

(b) To approve or disapprove monitors used to show compliance with Rules 

.2403, .2404, or .2405 of this Section, the Division shall follow the procedures in: 

(1) 40 CFR 96.171 for nitrogen oxides, 

 (2) 40 CFR 96.271 for sulfur dioxides, and 

 (3) 40 CFR 96.371 for ozone season nitrogen oxides. 

History Note: Authority G.S. 143-215.3(a); 143-215.65; 143-215.66; 143-

215.107(a)(5), (10); 

 Eff. July 1, 2006. 

15A NCAC 02D .2408 TRADING PROGRAM AND BANKING 

(a) EPA to administer. The United States Environmental Protection Agency 

(EPA) shall administer the allowance tracking system according to the 

procedures in: 

NORTH CAROLINA ADMINISTRATIVE CODE D-2400-9 

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The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

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June 15, 2007
(1) 40 CFR Part 96, Subpart FF and Subpart GG for nitrogen oxides; 

 (2) 40 CFR Part 96, Subpart FFF and Subpart GGG for sulfur dioxide; 

and 

(3) 40 CFR Part 96, Subpart FFFF and Subpart GGGG for ozone season 

nitrogen oxides. 

(b) Compliance account. The owners and operators of each source covered under 

this Section shall have a compliance account in the EPA administered tracking 

system that satisfies the requirements of: 

(1) 40 CFR 96.151 for nitrogen oxides, 

 (2) 40 CFR 96.251 for sulfur dioxides, and 

 (3) 40 CFR 96.351 for ozone season nitrogen oxides. 

(c) General account. Any person may apply to open a general account to hold and 

transfer allowances by using the procedures and meeting the requirements in: 

(1) 40 CFR 96.151(b) for nitrogen oxides and may close that account 

using the procedures in 40 CFR 96.157, 

(2) 40 CFR 96.251(b) for sulfur dioxides and may close that account 

using the procedures in 40 CFR 96.257, and 

(3) 40 CFR 96.351(b) for ozone season nitrogen oxides and may close 

that account using the procedures in 40 CFR 96.357. 

(d) Allowance transfers. 

(1) Any person who has a compliance or general account established 

under 40 CFR 96.151 may transfer allowances using the procedures 

in 40 CFR 96.160. 

(2) Any person who has a compliance or general account established 

under 40 CFR 96.251 may transfer allowances using the procedures 

in 40 CFR 96.260. 

(3) Any person who has a compliance or general account established 

under 40 CFR 96.351 may transfer allowances using the procedures 

in 40 CFR 96.360. 

(e) Submittal of information. Persons with accounts shall submit information to 

EPA following the requirements of: 

(1) 40 CFR 96.152 for nitrogen oxides, 

 (2) 40 CFR 96.252 for sulfur dioxides, and 

 (3) 40 CFR 96.352 for ozone season nitrogen oxides. 

(f) Banking. Any person who has a compliance account or a general account may 

bank allowances for future use or transfer under: 

(1) 40 CFR 96.155 for nitrogen oxides, 

 (2) 40 CFR 96.255 for sulfur dioxides, and 

 (3) 40 CFR 96.355 for ozone season nitrogen oxides. 

(g) Appeal Procedures. The appeal procedures for decisions of the 

Administrator are set forth in 

(1) 40 CFR 96.108 for nitrogen oxides, 

(2) 40 CFR 96.208 for sulfur dioxides, and 

(3) 40 CFR 96.308 for ozone season nitrogen oxides. 

NORTH CAROLINA ADMINISTRATIVE CODE D-2400-10 

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North Carolina Attainment Demonstration

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 Appendix M 

June 15, 2007
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10); 

 Eff. July 1, 2006. 

15A NCAC 02D .2409 DESIGNATED REPRESENTATIVE 

(a) Designated representative. The owners and operators of any source covered 

under this Section shall select a designated representative according to 40 CFR 

96.110 for each CAIR NOx source, 96.210 for each CAIR SO2 source, and 96.310 

for each CAIR NOx Ozone Season source. The designated representative shall 

have the responsibilities and duties set out in 40 CFR 96.110 for a CAIR NOx 

source, 96.210 for a CAIR SO2 source, and 96.310 for a CAIR NOx Ozone Season 

source. 

(b) Alternate designated representative. The owners and operators of any source 

covered under this Section shall select an alternate designated representative 

according to 40 CFR 96.111 for each CAIR NOx source, 96.211 for each CAIR SO2

source, and 96.311 for each CAIR NOx Ozone Season source. The alternate 

designated representative shall have the responsibilities and duties set out in 40 

CFR 96.111 for a CAIR NOx source, 96.211 for CAIR SO2 source, and 96.311 for a 

CAIR NOx Ozone Season source. 

(c) Changing designated representative and alternate designated representative. 

The owner or operator of any source covered under this Section may change the 

designated representative or the alternate designated representative using: 

(1) 40 CFR 96.112 for a CAIR NOx source; 

 (2) 40 CFR 96.212 for a CAIR SO2 source; and 

 (3) 40 CFR 96.312 for a CAIR NOx Ozone Season source. 

(d) Changes in owners and operators. Whenever the owner or operator of a 

source or unit covered under this Section changes, the following provisions shall 

be followed: 

(1) 40 CFR 96.112(c) for a CAIR NOx source; 

 (2) 40 CFR 96.212(c) for a CAIR SO2 source; and 

 (3) 40 CFR 96.312(c) for a CAIR NOx Ozone Season source. 

(e) Certificate of representation. A complete certificate of representation for a 

CAIR designated representative or an alternate CAIR designated representative 

shall meet the requirements of 40 CFR 96.113 for nitrogen oxides, 40 CFR 96.213 

for sulfur dioxide, and 40 CFR 96.313 for ozone season nitrogen oxides. 

(f) Objections concerning CAIR designated representative. Objections 

concerning CAIR designated representative shall be handled according to the 

procedures in 40 CFR 96.114 for nitrogen oxides, 40 CFR 96.214 for sulfur 

dioxide, and 40 CFR 96.314 for ozone season nitrogen oxides. 

History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10); 

 Eff. July 1, 2006. 

NORTH CAROLINA ADMINISTRATIVE CODE D-2400-11 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

June 15, 2007
15A NCAC 02D .2410 COMPUTATION OF TIME 

Time periods shall be determined as described in: 

(1) 40 CFR 96.107 for nitrogen oxides; 

 (2) 40 CFR 96.207 for sulfur dioxide, and 

 (3) 40 CFR 96.307 for ozone season nitrogen oxides. 

History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10); 

 Eff. July 1, 2006. 

15A NCAC 02D .2411 OPT-IN PROVISIONS 

(a) Opting in. The owners and operators of a unit may opt into: 

(1) the nitrogen oxide trading program by following the procedures in 

and meeting the requirements of 40 CFR Part 96 Subpart II, 

(2) the sulfur dioxide trading program by following the procedures in 

and meeting the requirements of 40 CFR Part 96 Subpart III, and 

(3) the ozone season nitrogen oxide trading program by following the 

procedures in and meeting the requirements of 40 CFR Part 96 

Subpart IIII. 

 (b) Permitting. The Director shall permit opt-in units under Paragraph (a) of 

this Rule according to 15A NCAC 02Q .0500 and 

(1) 40 CFR 96.184 and 96.185 for nitrogen oxides and shall allocate 

allowances according to 40 CFR 96.188, 

(2) 40 CFR 96.284 and 96.285 for sulfur dioxides and shall allocate 

allowances according to 40 CFR 96.288, and 

(3) 40 CFR 96.384 and 96.385 for ozone season nitrogen oxides and 

shall allocate allowances according to 40 CFR 96.388. 

(c) Withdrawing. The owners and operators of an opt-in unit under Paragraph 

(a) of this Rule may withdraw from the trading program according to: 

(1) 40 CFR 96.186 for nitrogen oxides, 

 (2) 40 CFR 96.286 for sulfur dioxides, and 

(3) 40 CFR 96.386 for ozone season nitrogen oxides. 

(d) Change in regulatory status. If an opt-in unit becomes: 

(1) a CAIR NOx unit under 40 CFR 96.104, then 40 CFR 96.187 shall 

apply, 

 (2) a CAIR SO2 unit under 40 CFR 96.204, then 40 CFR 96.287 shall 

apply, or 

(3) a CAIR ozone season NOx unit under 40 CFR 96.304, then 40 CFR 

96.387 shall apply. 

History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10); 143-

215.108; 

 Eff. July 1, 2006. 

NORTH CAROLINA ADMINISTRATIVE CODE D-2400-12 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

June 15, 2007
15A NCAC 02D .2412 NEW UNIT GROWTH 

(a) For nitrogen oxide emissions, the total nitrogen oxide allowances available 

for allocation in the new unit set-aside for each control period in 2009 through 

2014 shall be 2611 tons and the total nitrogen oxide allowances available for 

allocation in each control period in 2015 and thereafter shall be 1131 tons. Except 

for the reference to 40 CFR 96.142(b), the procedures in 40 CFR 96.142(c)(2) 

through (4) shall be used to create allocations for units covered under this 

Section that commenced operations on or after January 1, 2001 and that are not 

covered in the table in Rule .2403 of this Section. 

(b) For ozone season nitrogen oxides emissions, the total ozone season nitrogen 

oxide allowances available for allocation in the new unit set-aside for each control 

period in 2009 through 2014 shall be 1206 tons and the total ozone season 

nitrogen oxide allowances available for allocation in each control period in 2015 

and thereafter shall be 531 tons. Except for the reference to 40 CFR 96.142(b) the 

procedures in 40 CFR 96.342(c)(2) through (4) shall be used to create allocations 

for units covered under this Section that commenced operations on or after 

January 1, 2001 and that are not listed in the table in Rule .2405 of this Section. 

(c) New unit allowances in Paragraph (a) of this Rule that are not allocated in a 

given year shall be redistributed to units under .2401(b)(1) and (2) according to 

the provisions of 40 CFR 96.142(d) and 96.342(d) except that the divisor used in 

calculating individual unit allocations: 

(1) for nitrogen oxide allowances shall be 2611 tons for each control 

period in 2009 through 2014 and 1131 tons in each control period in 

2015 and thereafter, and 

(2) for ozone season nitrogen oxide allowances shall be 1206 tons for 

each control period in 2009 through 2014 and 531 tons for each 

control period in 2015 and thereafter. 

History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10); 

 Eff. July 1, 2006.

15A NCAC 02D .2413 PERIODIC REVIEW AND REALLOCATIONS

In 2010 and every five years thereafter, the Environmental Management 

Commission shall review the emission allocations of units covered under Rules 

.2403 and .2405 of this Section and decide if any revisions are needed. In making 

this decision the Environmental Management Commission shall consider the 

following: 

(1) the size of the allocation pool for new unit growth under Rule .2412 

of this Section; 

(2) the amount of emissions allocations requested by units under Rule 

.2412 of this Section; 

(3) the amount of emissions allocations available through the 

respective trading programs under Rule .2408 of this Section; 

(4) the impact of reallocation on existing units; 

NORTH CAROLINA ADMINISTRATIVE CODE D-2400-13 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 227 

 Appendix M 

June 15, 2007
(5) the impact of reallocations on units covered under Rule .2412 of 

this Section; 

(6) impact on future growth; and 

(7) other relevant information on the impacts of reallocation. 

Any revisions of allocations shall be consistent with the requirements in 40 CFR 

51.123(o)(2)(ii) and (aa)(2)(iii) or 96.141 and 96.341. 

History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10); 

 Eff. July 1, 2006. 

NORTH CAROLINA ADMINISTRATIVE CODE D-2400-14 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 228 

 Appendix M 

June 15, 2007
1 15A NCAC 02Q is proposed for amendment as follows: 

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15A NCAC 02Q .0207 ANNUAL EMISSIONS REPORTING 

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

emissions during the previous calendar year of: 

(1) volatile organic compounds, 

(2) nitrogen oxides, 

(3) total suspended particulates, 

(4) sulfur dioxide, 

(5) fluorine, 

(6) hydrogen chloride, 

(7) hydrogen fluoride, 

(8) hydrogen sulfide, 

(9) methyl chloroform, 

(10) methylene chloride, 

(11) ozone, 

(12) chlorine, 

(13) hydrazine, 

(14) phosphine, 

(15) particulate matter (PM10), 

(16) carbon monoxide, 

(17) lead, and 

(18) perchloroethylene. 

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

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

(b)(c) 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 and that is located in Davidson, Durham, Forsyth, Gaston, Guilford, 

25 

26 

27 

28 Mecklenburg, or Wake County, in Dutchville Township in Granville County, or in that part of Davie 

29 County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton 

Creek and back to the Yadkin River shall report by June 30th of each year the actual emissions of 

nitrogen oxides and volatile organic compounds during the previous calendar year.

30 

31 year, if the 

32 facility is in:

33 (1) Cabarrus County,

34 (2) Davidson County, 

35 (3) Durham County,

36 (4) Forsyth County,

37 (5) Gaston County

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

June 15, 2007
1 (6) Guilford County, 

2 (7) Lincoln County

3 (8) Mecklenburg County

4 (9) Rowan County

5 (10) Union County

6 (11) Wake County, 

7 (12) Davidson Township and Coddle Creek Township in Iredell County 

8 (13) Dutchville Township in Granville County, or

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

10 Carolina Highway 801, Fulton Creek and back to the Yadkin River

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

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

13 Township and Coddle Creek Township in Iredell County.

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

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

parameters, or information, by permit condition or pursuant to 15A NCAC 2D .0202 (Registration 

of Air Pollution Sources). This annual reporting requirement shall begin with calendar year 1993 

14 

15 

16 

17 

18 emissions. The accuracy of the report shall be certified by a responsible official of the facility as 

19 defined under 40 CFR 70.2.

20 

21 

22 

23 

24 

25 

 

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

until the permanent rule is effective, whichever is sooner; 

Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 143-215.65; 143-215.107; 

143B-282; 150B-21.6; 

Eff. July 1, 1994; 

26 

27 

Amended Eff. July1, 2007; July 1, 1998; July 1, 1996. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 230 

 Appendix M 

June 15, 2007
1 

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24 

25 

26 

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38 

[NOTE: The italicized language has been added as a result of an earlier hearing 

and recommended for adoption in another rulemaking action, but has not 

completed the rulemaking process.] 

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

15A NCAC 02D .0902 APPLICABILITY 

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

(b) Regardless of any other statement of applicability of this Section, this Section does not apply 

to: 

(1) sources whose emissions of volatile organic compounds are not more than 15 

pounds per day, except that this Section does apply to the manufacture and use 

of cutback asphalt and to gasoline service stations or gasoline dispensing 

facilities regardless of levels of emissions of volatile organic compounds; 

(2) sources whose emissions do not exceed 800 pounds of volatile organic 

compounds per calendar month and that are: 

(A) bench-scale, on-site equipment used exclusively for chemical or physical 

analysis for quality control purposes, staff instruction, water or 

wastewater analyses, or non-production environmental compliance 

assessments; 

(B) bench-scale experimentation, chemical or physical analyses, training or 

instruction from not-for-profit, non-production educational laboratories; 

(C) bench-scale experimentation, chemical or physical analyses, training or 

instruction from hospitals or health laboratories pursuant to the 

determination or diagnoses of illness; or 

(D) research and development laboratory activities provided the activity 

produces no commercial product or feedstock material; or 

(3) emissions of volatile organic compounds during startup or shutdown operations 

from sources which use incineration or other types of combustion to control 

emissions of volatile organic compounds whenever the off-gas contains an 

explosive mixture during the startup or shutdown operation if the exemption is 

approved by the Director as meeting the requirements of this Subparagraph. 

(c) The following rules of this Section apply statewide: 

(1) .0925, Petroleum Liquid Storage in Fixed Roof Tanks, for fixed roof tanks at 

gasoline bulk plants and gasoline bulk terminals; 

(2) .0926, Bulk Gasoline Plants; 

(3) .0927, Bulk Gasoline Terminals; 

(4) .0928, Gasoline Service Stations Stage I; 

(5) .0932, Gasoline Truck Tanks and Vapor Collection Systems; 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 231 

 Appendix M 

June 15, 2007
1 

2 

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37 

(6) .0933, Petroleum Liquid Storage in External Floating Roof Tanks, for external 

floating roof tanks at bulk gasoline plants and bulk gasoline terminals; 

(7) .0948, VOC Emissions from Transfer Operations; 

(8) .0949, Storage of Miscellaneous Volatile Organic Compounds; and 

(9) .0958, Work Practices for Sources of Volatile Organic Compounds. 

(d) Rule .0953, Vapor Return Piping for Stage II Vapor Recovery, of this Section applies in 

Davidson, Durham, Forsyth, Guilford, Wake, Dutchville Township in Granville County, and that 

part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 

801, Fulton Creek and back to Yadkin River in accordance with provisions set out in that Rule. 

(e) All sources located in Mecklenburg County that were required to comply with any of these 

Rules before July 5, 1995:

(1) .0917 through .0937 of this Section, or 

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

shall continue to comply with those Rules. 

(f) The Rules in this Section apply to sources with the potential to emit 100 tons or more volatile 

organic compounds per year in the following areas: 

 (1) Cabarrus County 

(2) Gaston County 

(3) Lincoln County 

(4) Mecklenburg County 

(5) Rowan County 

(6) Union County 

(7) Davidson Township and Coddle Creek Township in Iredell County 

(g) If a violation of the ambient air quality standard for ozone is measured in accordance with 40 

CFR 50.9 in Davidson, Forsyth, or Guilford County or that part of Davie County bounded by the 

Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin 

River, the Director shall initiate analysis to determine the control measures needed to attain and 

maintain the ambient air quality standard for ozone. By the following May 1, the Director shall 

implement the specific stationary source control measures contained in this Section that are 

required as part of the control strategy necessary to bring the area into compliance and to 

maintain compliance with the ambient air quality standard for ozone. The Director shall implement 

the rules in this Section identified as being necessary by the analysis by notice in the North 

Carolina Register. The notice shall identify the rules that are to be implemented and shall identify 

whether the rules implemented are to apply in Davidson, Forsyth, or Guilford County or that part 

of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, 

Fulton Creek and back to Yadkin River or any combination thereof. At least one week before the 

scheduled publication date of the North Carolina Register containing the Director's notice 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 232 

 Appendix M 

June 15, 2007
1 

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implementing rules in this Section, the Director shall send written notification to all permitted 

facilities within the county in which the rules are being implemented that are or may be subject to 

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

requirements of this Section. (For Forsyth County, "Director" means for the purpose of notifying 

permitted facilities in Forsyth County, the Director of the Forsyth County local air pollution control 

program.) Compliance shall be in accordance with Rule .0909 of this Section. 

(h) If a violation of the ambient air quality standard for ozone is measured in accordance with 40 

CFR 50.9 in Durham or Wake County or Dutchville Township in Granville County, the Director 

shall initiate analysis to determine the control measures needed to attain and maintain the 

ambient air quality standard for ozone. By the following May 1, the Director shall implement the 

specific stationary source control measures contained in this Section that are required as part of 

the control strategy necessary to bring the area into compliance and to maintain compliance with 

the ambient air quality standard for ozone. The Director shall implement the rules in this Section 

identified as being necessary by the analysis by notice in the North Carolina Register. The notice 

shall identify the rules that are to be implemented and shall identify whether the rules 

implemented are to apply in Durham or Wake County or Dutchville Township in Granville County 

or any combination thereof. At least one week before the scheduled publication date of the North 

Carolina Register containing the Director's notice implementing rules in this Section, the Director 

shall send written notification to all permitted facilities within the county in which the rules are 

being implemented that are or may be subject to the requirements of this Section informing them 

that they are or may be subject to the requirements of this Section. Compliance shall be in 

accordance with Rule .0909 of this Section. 

23 (i) If EPA reclassifies the Charlotte-Gastonia-Rock Hill ozone nonattainment area as serious for 

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

25 sources in Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and Davidson 

26 and Coddle Creek townships in Iredell County with the potential to emit at least 50 tons but less 

27 than 100 tons of volatile organic compounds per year. Within 60 days of the reclassification, the 

28 Director shall notice the applicability of these rules to these sources in the North Carolina 

29 Register and shall send written notification to all permitted facilities within the counties in which 

30 the rules are being implemented that are or may be subject to the requirements of this Section 

31 informing them that they are or may be subject to the requirements of this Section. (For 

32 Mecklenburg County, “Director” means for the purpose of notifying permitted facilities in 

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

34 Compliance shall be according to Rule .0909 of this Section.

35 

36 

37 

(i)(j) Sources whose emissions of volatile organic compounds are not subject to limitation under 

this Section may still be subject to emission limits on volatile organic compounds in Rules, .0524, 

.1110, or .1111 of this Subchapter. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 233 

 Appendix M 

June 15, 2007
1 

2 

3 

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

Eff. July 1, 1979; 

4 

5 

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

1997; July 1, 1996; July 1, 1995; May 1, 1995; July 1, 1994.

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 234 

 Appendix M 

June 15, 2007
1 

2 

3 

4 

5 

6 

7 

8 

[NOTE: The italicized language has been added as a result of an earlier hearing 

and recommended for adoption in another rulemaking action, but has not 

completed the rulemaking process.] 

15A NCAC 02D .0909 is proposed for amendment as follows: 

15A NCAC 02D .0909 COMPLIANCE SCHEDULES FOR SOURCES IN NONATTAINMENT 

AREAS 

(a) Applicability. With the exceptions in Paragraph (b) of this Rule, this Rule applies to all sources 

9 covered by Paragraphs (f), (g), or (h) (h), or (i) of Rule .0902 of this Section. 

10 

11 

12 

13 

14 

15 

(b) Exceptions. This Rule does not apply to: 

(1) sources in Mecklenburg County required to comply with the requirements of this 

Section under Rule .0902(e) of this Section; 

(2) sources covered under Rule .0953 or .0954 of this Section; or 

(3) sources required to comply with the requirements of this Section under Rule 

.0902(c) of this Section. 

(c) Maintenance areas. area and Charlotte ozone nonattainment area contingency plan. The 

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

16 

or (h)

17 

(g), (h), or (i) of Rule .0902 of this Section shall adhere to the following increments of 

progress and schedules: 

18 

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(1) if compliance is to be achieved by installing emission control equipment, 

replacing process equipment, or modifying existing process equipment: 

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

compliance schedule within six months after the Director notices the 

implementation of rules in the North Carolina Register that resolves a 

violation of the ambient air quality standard for ozone; 

(B) The compliance schedule shall contain the following increments of 

progress: 

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

process equipment shall be awarded or orders shall be issued 

for purchase of component parts; 

(ii) a date by which on-site construction or installation of the 

emission control and process equipment shall begin; and 

(iii) a date by which on-site construction or installation of the 

emission control and process equipment shall be completed; 

(C) Final compliance shall be achieved within three years after the Director 

notices the implementation of rules in the North Carolina Register that 

resolves a violation of the ambient air quality standard for ozone.

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 235 

 Appendix M 

June 15, 2007
1 

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(2) if compliance is to be achieved by using low solvent content coating technology: 

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

compliance schedule within six months after the Director notices the 

implementation of rules in the North Carolina Register that resolves a 

violation of the ambient air quality standard for ozone;

(B) The compliance schedule shall contain the following increments: 

(i) a date by which research and development of low solvent 

content coating shall be completed if the Director determines that 

low solvent content coating technology has not been sufficiently 

researched and developed; 

(ii) a date by which evaluation of product quality and commercial 

acceptance shall be completed; 

(iii) a date by which purchase orders shall be issued for low solvent 

content coatings and process modifications; 

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

(v) a date by which process modifications shall be completed and 

use of low solvent content coatings shall begin; 

(C) Final compliance shall be achieved within three years after the Director 

notices the implementation of rules in the North Carolina Register that in

resolves a violation of the ambient air quality standard for ozone. 

19 

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(3) The owner or operator shall certify to the Director within five days after each 

increment deadline of progress in this Paragraph, whether the required increment 

of progress has been met. 

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

the application of Paragraphs (f) of Rule .0902 of this Section shall adhere to the following 

increments of progress and schedules: 

(1) if compliance is to be achieved by installing emission control equipment, 

replacing process equipment, or modifying existing process equipment: 

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

compliance schedule by August 1, 2007

(B) The compliance schedule shall contain the following increments of 

progress: 

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

process equipment shall be awarded or orders shall be issued 

for purchase of component parts; 

(ii) a date by which on-site construction or installation of the 

emission control and process equipment shall begin; and 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 236 

 Appendix M 

June 15, 2007
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(iii) a date by which on-site construction or installation of the 

emission control and process equipment shall be completed; 

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

(2) if compliance is to be achieved by using low solvent content coating technology: 

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

compliance schedule by August 1, 2007.

 (B) The compliance schedule shall contain the following increments: 

(i) a date by which research and development of low solvent 

content coating shall be completed if the Director determines that 

low solvent content coating technology has not been sufficiently 

researched and developed; 

(ii) a date by which evaluation of product quality and commercial 

acceptance shall be completed; 

(iii) a date by which purchase orders shall be issued for low solvent 

content coatings and process modifications; 

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

(v) a date by which process modifications shall be completed and 

use of low solvent content coatings shall begin; 

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

(3) The owner or operator shall certify to the Director within five days after the 

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

increment of progress has been met. 

(e) If the Director requires a test to demonstrate that compliance has been achieved, the owner 

or operator of sources subject to this Rule shall conduct a test and submit a final test report within 

six months after the stated date of final compliance. 

(f) Sources already in compliance. 

27 (1) Maintenance Areas. area and Charlotte ozone nonattainment area contingency 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

plan. Paragraph (c) of this Rule shall not apply to sources that are in compliance 

with applicable rules of this Section when the Director notices the implementation 

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

quality standard for ozone and that have determined and certified compliance to 

the satisfaction of the Director within six months after the Director notices 

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

the ambient air quality standard for ozone.

(2) Nonattainment areas. Paragraphs (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. 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 237 

 Appendix M 

June 15, 2007
1 (g) New sources. 

2 (1) Maintenance areas. area and Charlotte ozone nonattainment area contingency 

plan. The owner or operator of any new source of volatile organic compounds not 

in existence or under construction before the date that the Director notices in the 

North Carolina Register in accordance with Paragraph 

3 

4 

(g), (h), or (i) (g) or (h) of 

Rule .0902 of this Section the implementation of rules in the North Carolina 

Register that resolves a violation of the ambient air quality standard for ozone, 

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

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

(2) Nonattainment areas. The owner or operator of any new source of volatile 

organic compounds not in existence or under construction before March 1, 2007

in an area identified in Paragraph (f) of Rule .0902 shall comply with all 

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

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

Eff. July 1, 1979; 

16 

17 

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

1995; July 1, 1994; July 1, 1988; January 1, 1985.

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 238 

 Appendix M 

June 15, 2007
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2 

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[NOTE: The italicized language has been added as a result of an earlier hearing 

and recommended for adoption in another rulemaking action, but has not 

completed the rulemaking process.] 

15A NCAC 02D .1402 is proposed for amendment as follows: 

15A NCAC 02D .1402 APPLICABILITY 

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

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

each year. 

(c) Rules .1409(b) and.1416 through .1423 of this Section apply statewide. 

(d) The Rules .1407 through .1409 and .1413 of this Section apply to sources with the potential 

to emit 100 ton or more nitrogen oxides per year in the following areas: 

 (1) Cabarrus County 

(2) Gaston County 

(3) Lincoln County 

(4) Mecklenburg County 

(5) Rowan County 

(6) Union County 

(7) Davidson Township and Coddle Creek Township in Iredell County 

(e) If a violation of the ambient air quality standard for ozone is measured according to 40 CFR 

50.9 in Davidson, Forsyth, or Guilford County or that part of Davie County bounded by the Yadkin 

River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River, 

the Director shall initiate analysis to determine the control measures needed to attain and 

maintain the ambient air quality standard for ozone. By the following May 1, the Director shall 

implement the specific stationary source control measures contained in this Section that are 

required as part of the control strategy necessary to bring the area into compliance and to 

maintain compliance with the ambient air quality standard for ozone. The Director shall implement 

the rules in this Section identified as necessary by the analysis by notice in the North Carolina 

Register. The notice shall identify the rules that are to be implemented and shall identify whether 

the rules implemented are to apply in Davidson, Forsyth, or Guilford County or that part of Davie 

County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton 

Creek and back to Yadkin River or any combination thereof. At least one week before the 

scheduled publication date of the North Carolina Register containing the Director's notice 

implementing rules in this Section, the Director shall send written notification to all permitted 

facilities within the county in which the rules are being implemented that are or may be subject to 

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

requirements of this Section. (For Forsyth County, “Director” means for the purpose of notifying 

Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

 239 

 Appendix M 

June 15, 2007
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2 

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permitted facilities in Forsyth County, the Director of the Forsyth County local air pollution control 

program.) Compliance shall be according to Rule .1403 of this Section. 

(f) If a violation of the ambient air quality standard for ozone is measured according to 40 CFR 

50.9 in Durham or Wake County or Dutchville Township in Granville County, the Director shall 

initiate analysis to determine the control measures needed to attain and maintain the ambient air 

quality standard for ozone. By the following May 1, the Director shall implement the specific 

stationary source control measures contained in this Section that are required as part of the 

control strategy necessary to bring the area into compliance and to maintain compliance with the 

ambient air quality standard for ozone. The Director shall implement the rules in this Section 

identified as necessary by the analysis by notice in the North Carolina Register. The notice shall 

identify the rules that are to be implemented and shall identify whether the rules implemented are 

to apply in Durham or Wake County or Dutchville Township in Granville County or any 

combination thereof. At least one week before the scheduled publication date of the North 

Carolina Register containing the Director's notice implementing rules in this Section, the Director 

shall send written notification to all permitted facilities within the county in which the rules are 

being implemented that are or may be subject to the requirements of this Section informing them 

that they are or may be subject to the requirements of this Section. Compliance shall be in 

according to Rule .1403 of this Section. 

19 (g) If EPA notifies the State that its nonattainment plan for ozone has failed to attain the ambient 

20 air quality standard for ozone in the Charlotte-Gastonia-Rock Hill ozone nonattainment area, the 

21 rules in this Section shall apply to sources in Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, 

22 and Union Counties and Davidson and Coddle Creek townships in Iredell County with the 

23 potential to emit at least 50 tons but less than 100 tons of nitrogen oxides per year. Within 60 

24 days of receipt of the notification from EPA, the Director shall notice the applicability of these 

25 rules to these sources in the North Carolina Register and shall send written notification to all 

26 permitted facilities within the counties in which the rules are being implemented that are or may 

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

28 the requirements of this Section. (For Mecklenburg County, “Director” means for the purpose of 

29 notifying permitted facilities in Mecklenburg County, the Director of the Mecklenburg County local 

30 air pollution control program.) Compliance shall be according to Rule .1403 of this Section.

31 

32 

33 

34 

35 

36 

37 

(g)(h) Regardless of any other statement of applicability of this Section, this Section does not 

apply to any: 

(1) source not required to obtain an air permit under 15A NCAC 02Q .0102 or is an 

insignificant activity as defined at 15A NCAC 02Q .0103(19); 

(2) incinerator or thermal or catalytic oxidizer used primarily for the control of air 

pollution; 

(3) emergency generator; 

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(4) emergency use internal combustion engine; 

(5) source that is not covered under Rules .1416, .1417, or .1418, and that is at a 

facility with a federally enforceable potential to emit nitrogen oxides of: 

(A) less than 100 tons per year; and 

(B) less than 560 pounds per calendar day beginning May 1 through 

September 30 of any year. 

(6) stationary internal combustion engine less than 2400 brake horsepower that 

operates no more than the following hours between May 1 and September 30: 

(A) for diesel engines: 

t = 833,333 / ES 

(B) for natural gas-fired engines: 

t= 700,280 / ES 

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

This exemption shall not apply to any of the sources listed in Rules .1417(a)(1) or (2) or 

.1417(b) of this Section except that it shall apply to: 

(7) stationary combustion turbine constructed before January 1, 1979, that has a 

federally enforceable permit that restricts: 

(A) its potential emissions of nitrogen oxides to no more than 25 tons 

between May 1 and September 30; 

(B) it to burning only natural gas or oil; and 

(C) its hours of operation as described in 40 CFR 96.4 (b) (1)(ii) and (iii). 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (7), (10); 

Eff. April 1, 1995; 

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

Temporary Amendment Eff. November 1, 2000; 

Amended Eff. April 1, 2001; 

Temporary Amendment Eff. August 1, 2001; 

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

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[NOTE: The italicized language has been added as a result of an earlier hearing 

and recommended for adoption in another rulemaking action, but has not 

completed the rulemaking process.] 

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

15A NCAC 02D .1403 COMPLIANCE SCHEDULES 

7 

8 

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

Rule .1402 of this Section. 

9 (b) Maintenance areas. area and Charlotte ozone nonattainment area contingency plan. The 

10 owner or operator of a source subject to this Rule because of the applicability of Paragraph (e) or 

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(f) (e), (f), or (g) of Rule .1402 of this Section, shall adhere to the following increments of progress 

and schedules: 

(1) If compliance with this Section is to be achieved through a demonstration to 

certify compliance without source modification: 

(A) The owner or operator shall notify the Director in writing within six 

months after the Director's notice in the North Carolina Register that the 

source is in compliance with the applicable limitation or standard; 

(B) The owner or operator shall perform any required testing, according to 

Rule .1415 of this Section, within 12 months after the Director's notice in 

the North Carolina Register to demonstrate compliance with the 

applicable limitation; and 

(C) The owner or operator shall implement any required recordkeeping and 

reporting requirements, according to Rule .1404 of this Section, within 12 

months after the Director's notice in the North Carolina Register to 

demonstrate compliance with the applicable limitation. 

(2) If compliance with this Section is to be achieved through the installation of 

combustion modification technology or other source modification: 

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

compliance schedule within six months after the Director's notice in the 

North Carolina Register. 

(B) The compliance schedule shall contain the following increments of 

progress: 

(i) a date by which contracts for installation of the modification shall 

be awarded or orders shall be issued for purchase of component 

parts; 

(ii) a date by which installation of the modification shall begin; 

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(iii) a date by which installation of the modification shall be 

completed; and 

(iv) if the source is subject to a limitation, a date by which 

compliance testing shall be completed. 

(C) Final compliance shall be achieved within three years after the Director's 

notice in the North Carolina Register unless the owner or operator of the 

source petitions the Director for an alternative limitation according to 

Rule .1412 of this Section. If such a petition is made, final compliance 

shall be achieved within four years after the Director's notice in the North 

Carolina Register. 

(3) If compliance with this Section is to be achieved through the implementation of 

an emissions averaging plan as provided for in Rule .1410 of this Section: 

(A) The owner or operator shall abide by the applicable requirements of 

Subparagraphs (b)(1) or (b)(2) of this Rule for certification or modification 

of each source to be included under the averaging plan; 

(B) The owner or operator shall submit a plan to implement an emissions 

averaging plan according to Rule .1410 of this Section within six months 

after the Director's notice in the North Carolina Register. 

(C) Final compliance shall be achieved within one year after the Director's 

notice in the North Carolina Register unless implementation of the 

emissions averaging plan requires the modification of one or more of the 

averaging sources. If modification of one or more of the averaging 

sources is required, final compliance shall be achieved within three 

years. 

(4) If compliance with this Section is to be achieved through the implementation of a 

seasonal fuel switching program as provided for in Rule .1411 of this Section: 

(A) The owner or operator shall make all necessary modifications according 

to Subparagraph (b)(2) of this Rule. 

(B) The owner or operator shall include a plan for complying with the 

requirements of Rule .1411 of this Section with the permit application 

required under Part (A) of this Subparagraph. 

(C) Final compliance shall be achieved within three years after the Director's 

notice in the North Carolina Register. 

(5) Increments of progress certification. The owner or operator shall certify to the 

Director, within five days after each increment deadline of progress in this 

Paragraph, whether the required increment of progress has been met. 

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(c) Nonattainment areas. The owner or operator of a source subject to this Rule because of the 

applicability of Paragraph (d) of Rule .1402 of this Section, shall adhere to the following: 

(1) If compliance with this Section is to be achieved through a demonstration to 

certify compliance without source modification: 

(A) The owner or operator shall notify the Director in writing by August 1, 

2007; 

(B) The owner or operator shall perform any required testing, according to 

Rule .1415 of this Section, by January 1, 2008 and 

(C) The owner or operator shall implement any required recordkeeping and 

reporting requirements, according to Rule .1404 of this Section, by 

January 1, 2008. 

(2) If compliance with this Section is to be achieved through the installation of 

combustion modification technology or other source modification: 

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

compliance schedule by August 1, 2007. 

(B) The compliance schedule shall contain the following increments of 

progress: 

(i) a date by which contracts for installation of the modification shall 

be awarded or orders shall be issued for purchase of component 

parts; 

(ii) a date by which installation of the modification shall begin; 

(iii) a date by which installation of the modification shall be 

completed; and 

(iv) if the source is subject to a limitation, a date by which 

compliance testing shall be completed. 

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

(3) If compliance with this Section is to be achieved through the implementation of 

an emissions averaging plan as provided for in Rule .1410 of this Section: 

(A) The owner or operator shall abide by the applicable requirements of 

Subparagraph (c)(1) or (c)(2) of this Rule for certification or modification 

of each source to be included under the averaging plan; 

(B) The owner or operator shall submit a plan to implement an emissions 

averaging plan according to Rule .1410 of this Section by August 1, 

2007. 

(C) Final compliance shall be achieved within one year no later than 

January 1, 2008. 

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(4) If compliance with this Section is to be achieved through the implementation of a 

seasonal fuel switching program as provided for in Rule .1411 of this Section: 

(A) The owner or operator shall make all necessary modifications according 

to Subparagraph (c)(2) of this Rule. 

(B) The owner or operator shall include a plan for complying with the 

requirements of Rule .1411 of this Section with the permit application 

required under Part (A) of this Subparagraph. 

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

(5) Increments of progress certification. The owner or operator shall certify to the 

Director, within five days after the deadline for each increment of progress in this 

Paragraph, whether the required increment of progress has been met. 

(d) Sources already in compliance. 

13 (1) Maintenance Areas. area and Charlotte ozone nonattainment area contingency 

plan. Paragraph (b) of this Rule shall not apply to sources that are in compliance 

with applicable rules of this Section when the Director notices the implementation 

of rules in the North Carolina Register that resolves

14 

15 

 a violation of the ambient air 

quality standard for ozone and that have determined and certified compliance to 

the satisfaction of the Director within six months after the Director notices the 

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

the ambient air quality standard for ozone. 

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(2) Nonattainment areas. Paragraph (c) of this Rule shall not apply to sources in an 

area named in Paragraph (d) of Rule .1402 of this Section that are in compliance 

with applicable rules of this Section on March 1, 2007. 

(e) New sources.

25 (1) Maintenance areas. area and Charlotte ozone nonattainment area contingency 

plan. The owner or operator of any new source of nitrogen oxides not permitted 

before the date the Director notices in the North Carolina Register according to 

Paragraph 

26 

27 

(e), (f), or (g) (e) or (f) of Rule .1402 of this Section, shall comply with 

all applicable rules in this Section upon start-up of the source. The owner or 

operator of any new source covered under Rules .1407, .1408, .1409, .1413, or 

.1418 of this Section shall comply with all applicable rules in this Section upon 

start-up of the source. 

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34 

(2) Nonattainment areas. The owner or operator of any new source of nitrogen 

oxides not permitted before March 1, 2008 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. 

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History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.107(a)(5), (7), (10); 

Eff. April 1, 1995; 

Amended Eff. April 1, 1997; 

Temporary Amendment Eff. November 1, 2000; 

Amended Eff. April 1, 2001; 

Temporary Amendment Eff. August 1, 2001; 

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

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June 15, 2007
Adopted State Measures 247 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone Appendix M 

North Carolina Attainment Demonstration June 15, 2007 

 GENERAL ASSEMBLY OF NORTH CAROLINA 

 SESSION 1999 

 SESSION LAW 1999-328 

 SENATE BILL 953 

AN ACT TO ENACT THE AMBIENT AIR QUALITY IMPROVEMENT ACT OF 1999. 

 Whereas, the Constitution of North Carolina declares 

that the policy of this State is to conserve and protect State 

lands and waters for the benefit of all North Carolina citizens 

and to control and limit air pollution within the State; and 

 Whereas, the State has enacted comprehensive statutory 

and regulatory protections for reducing air pollution from 

stationary sources; and 

 Whereas, ozone air pollution adversely affects the 

health and welfare of the citizens of North Carolina through the 

impairment of lung function and exacerbation of asthma and other 

diseases of the lung; and 

 Whereas, visibility at some of the State's places of 

beauty, such as the Great Smoky Mountains National Park and the 

Blue Ridge Mountain range, has been impaired by ozone air 

pollution that is created by the reaction of nitrogen oxides 

(NOx) and other chemicals in sunlight; and 

 Whereas, the decentralized system of inspection 

stations effectively uses a public-private partnership to enforce 

motor vehicle pollution controls; and 

 Whereas, gains in motor vehicle pollution control 

technology have been offset by increased vehicle use, resulting 

in greater emissions of nitrogen oxides (NOx) and greater ozone 

air pollution; and 

 Whereas, the sulfur contained in gasoline impedes the 

effectiveness of catalytic converters, the devices that reduce 

the amount of pollution emitted from vehicle tailpipes, thereby 

degrading the emission control systems of vehicles; and 

 Whereas, new motor vehicle pollution control technology 

is more sensitive to the sulfur content of fuels and will require 

new emissions inspection methods; and 

 Whereas, reducing emissions of nitrogen oxides (NOx) 

from motor vehicles by twenty-five percent (25%) within the next 

10 years will complement the State's stationary source control 

strategy; and 

 Whereas, reducing the growth of vehicle miles traveled 

in the State by twenty-five percent (25%) within the next 10 

years will complement the State's controls of nitrogen oxide 

(NOx) emissions from stationary sources; and 

 Whereas, leaking underground storage tanks and tanker 

trucks release quantities of volatile organic compounds into the 

air, which mix with nitrogen oxides (NOx) to form ground level 

ozone; and 

 Whereas, clean burning fuels, alternative-fueled 

vehicles, and low emission vehicle usage should be encouraged 

statewide; and 

 Whereas, the State must lead the way in combating 
Adopted State Measures 248 

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ground level ozone pollution from motor vehicles through its own 

purchases and policies; Now, therefore, 

The General Assembly of North Carolina enacts: 

PART I. STATEWIDE GOALS

 Section 1.1. It shall be the goal of the State to 

reduce emissions of nitrogen oxides (NOx) from all sources by at 

least twenty-five percent (25%) by 1 July 2009. It shall be the 

goal of the State to reduce the growth of vehicle miles traveled 

in the State by at least twenty-five percent (25%) of that growth 

that would otherwise occur by 1 July 2009. The Department of 

Environment and Natural Resources and the Department of 

Transportation shall evaluate progress toward achieving these 

goals in each fiscal year and shall report their findings and 

recommendations as to any measures that may be needed to achieve 

these goals to the Environmental Review Commission on or before 1 

October of each year beginning 1 October 2000. 

PART II. SULFUR CONTENT OF MOTOR FUELS

 Section 2.1. Article 3 of Chapter 119 of the General 

Statutes is amended by adding a new section to read: 

"§ 119-26.2. Sulfur content standards.

 (a) No person shall manufacture, sell, or offer for sale

gasoline that contains a concentration of sulfur greater than 30

parts per million except that a person may manufacture, sell, or

offer for sale gasoline that contains a concentration of sulfur

of not more than 80 parts per million if the average

concentration of sulfur in the gasoline manufactured, sold, or

offered for sale by that person is 30 parts per million or less.

The average concentration of sulfur contained in gasoline shall

be determined on the basis of a one-year period established by

rule.

 (b) The Gasoline and Oil Inspection Board shall adopt

rules to implement this section." 

 Section 2.2. Section 2.1 of this act becomes effective 

as provided in this section. No later than 1 July 2000, the 

Governor shall determine whether the United States Environmental 

Protection Agency has adopted, pursuant to the Notice of Proposed 

Rulemaking published on 13 May 1999 in the Federal Register, 

Volume 64, Number 92, Page 26003 et seq., regulations applicable 

to gasoline manufactured, sold, and offered for sale in this 

State that limit the sulfur content of gasoline to a 

concentration equal to or less than the concentration set out in 

Section 2.1 of this act. If the Governor so determines, the 

Governor shall issue an Executive Order setting out the date on 

which Section 2.1 of this act becomes effective, which shall be 

the date on which the federal regulation becomes effective in 

this State. Otherwise, Section 2.1 of this act becomes effective 

1 January 2004. If the United States Environmental Protection 

Agency promulgates a regulation that imposes a limit on the 

concentration of sulfur in gasoline other than that set out in 

G.S. 119-26.2, as enacted by Section 2.1 of this act, it is the 

intention of the General Assembly to review the limit established 

in G.S. 119-26.2. In that event, the Environmental Review 
Adopted State Measures 249 

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Commission shall review the limit on the concentration of sulfur 

in gasoline and report its findings and recommendations, if any, 

to the General Assembly. 

 Section 2.3. G.S. 119-26.1 reads as rewritten: 

"§ 119-26.1. Oxygen content

standards Content of motor fuels and 

reformulated gasoline.

 (a) Rules adopted pursuant to G.S. 143-215.107(a)(9) to 

regulate the oxygen content of 

gasoline motor fuels or to require the 

use of reformulated gasoline shall be implemented by the 

Department of Agriculture and Consumer Services and the Gasoline 

and Oil Inspection Board. Such rules shall be implemented within 

any area specified by the Environmental Management Commission 

when the Commission certifies to the Commissioner of Agriculture 

that implementation: 

 (1) Will improve the ambient air quality within the 

 specified county or counties; 

 (2) Is necessary to achieve attainment or preclude 

 violations of the National Ambient Air Quality Standards; or 

 (3) Is otherwise necessary to meet federal 

 requirements. 

 (b) The Department of Agriculture and Consumer Services and 

the Gasoline and Oil Inspection Board may adopt rules to 

implement this section. Rules shall be consistent with the 

implementation schedule and rules adopted by the Environmental 

Management Commission. 

 (c) The Commissioner of Agriculture may assess and collect 

civil penalties for violations of rules adopted under G.S. 

143-215.107(a)(9) or this section in accordance with G.S. 

143-215.114A. The Commissioner of Agriculture may institute a 

civil action for injunctive relief to restrain, abate, or prevent 

a violation or threatened violation of rules adopted under G.S. 

143-215.107(a)(9) or this section in accordance with G.S. 

143-215.114C. The assessment of a civil penalty under this 

section and G.S. 143-215.114A or institution of a civil action 

under G.S. 143-215.114C and this section shall not relieve any 

person from any other penalty or remedy authorized under this 

Article. 

 (c1) The clear proceeds of civil penalties assessed 

pursuant to this subsection shall be remitted to the Civil 

Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 

 (d) The Commissioner of Agriculture may delegate his powers 

and duties under this subsection to the Director of the Standards 

Division of the Department of Agriculture and Consumer Services." 

PART III. MOTOR VEHICLE EMISSIONS INSPECTION AND 

 MAINTENANCE

 Section 3.1. Article 21B of Chapter 143 of the General 

Statutes is amended by adding a new section to read: 

"§ 143-215.107A. Motor vehicle emissions testing and

maintenance program.

 (a) General Provisions. --

 (1) G.S. 143-215.107(a)(6) shall be

 implemented as provided in this section.

 (2) Motor vehicle emissions inspections
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 shall be performed by a person who holds an emissions

 inspection mechanic license issued as provided in G.S.

 20-183.4A(c) at a station that holds an emissions inspection

 station license issued under G.S. 20-183.4A(a) or at a place

 of business that holds an emissions self-inspector license

 issued as provided in G.S. 20-183.4A(d). Motor vehicle

 emissions inspections may be performed by a decentralized

 network of test-and-repair stations as described in 40 Code

 of Federal Regulations § 51.353 (1 July 1998 Edition). The

 Commission may not require that motor vehicle emissions

 inspections be performed by a network of centralized or

 decentralized test-only stations.

 (b) Type of Test Required. -- Motor vehicle emissions

inspections shall be performed using the two-mode Acceleration

Simulation Mode (ASM) test described in Federal Register, Volume

57, Number 215, (5 November 1992), Pages 52955 to 52996.

 (c) Counties Covered. -- Motor vehicle emissions

inspections shall be performed only in the following counties:

Cabarrus, Durham, Forsyth, Gaston, Guilford, Mecklenburg, Orange,

Union, and Wake.

 (d) Additional Counties. -- The Commission may require

that motor vehicle emissions inspections be performed in counties

in addition to those set out in subsection (c) of this section.

In determining whether to require that motor vehicle emissions

inspections be performed in a county, the Commission may consider

the population of, and distribution of population in, the county;

the projected change in population of, and distribution of

population in, the county; the number of vehicles registered in

the county; the projected change in the number of vehicles

registered in the county; vehicle miles traveled in the county;

the projected change in vehicle miles traveled in the county;

current and projected commuting patterns in the county; and the

current and projected impact of these factors on attainment of

air quality standards in the county and in areas outside the

county. The Commission may not require that motor vehicle

emissions testing be performed in any county with a population of

less than 40,000 based on the most recent population estimates

prepared by the State Planning Officer. The Commission may not

require that motor vehicle emissions testing be performed in any

county in which the number of vehicle miles traveled per day is

less than 900,000, based on the most recent estimates prepared by

the Department of Transportation. In order to disapprove a rule

that requires that motor vehicle emissions inspections be

performed in one or more additional counties, a bill introduced

pursuant to G.S. 150B-21.3(b) must amend subsection (c) of this

section to add one or more other counties in which the total

population and vehicle miles traveled per day equal or exceed the

total population and vehicle miles traveled in the county or

counties listed in the rule that the bill would disapprove." 

 Section 3.2. The Environmental Management Commission 

shall adopt rules to implement G.S. 143-215.107A(b), as enacted 

by Section 3.1 of this act. These rules shall become effective 

on 1 July 2002. The Environmental Management Commission shall 

not require that motor vehicle emissions inspections be performed 

in any county pursuant to G.S. 143-215.107A(d), as enacted by 

Section 3.1 of this act, prior to 1 July 2006. The Environmental 

Management Commission shall not require motor vehicle emissions 
Adopted State Measures 251 

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inspections for diesel powered vehicles prior to 1 July 2001. 

 Section 3.3. Effective 1 July 2003, G.S. 

143-215.7A(c), as enacted by Section 3.1 of this act, reads as 

rewritten: 

 "(c) Motor vehicle emissions inspections shall be performed 

only in the following counties: Cabarrus, 

Catawba, Cumberland, Davidson, Durham, Forsyth, Gaston, 

Guilford, Iredell, Johnston, Mecklenburg, Orange, 

Rowan, Union, and Wake." 

 Section 3.4. Effective 1 January 2004, G.S. 

143-215.7A(c), as enacted by Section 3.1 of this act and amended 

by Section 3.3 of this act, reads as rewritten: 

 "(c) Motor vehicle emissions inspections shall be performed 

in the following counties: Alamance, Cabarrus, Catawba, 

Chatham, Cumberland, Davidson, Durham, Forsyth, 

Franklin, Gaston, Guilford, Iredell, Johnston, Lee,

Lincoln, Mecklenburg, Moore, Orange, Randolph,

Rowan, Stanly, Union, and Wake." 

 Section 3.5. Effective 1 July 2004, G.S. 

143-215.7A(c), as enacted by Section 3.1 of this act and amended 

by Sections 3.3 and 3.4 of this act, reads as rewritten: 

 "(c) Motor vehicle emissions inspections shall be performed 

in the following counties: Alamance, Buncombe, Cabarrus, 

Catawba, Chatham, Cleveland, Cumberland, Davidson, Durham, 

Forsyth, Franklin, Gaston, Granville, Guilford, 

Harnett, Iredell, Johnston, Lee, Lincoln, Mecklenburg, 

Moore, Orange, Randolph, Rockingham, Rowan, Stanly, Union, 

and Wake." 

 Section 3.6. Effective 1 January 2005, G.S. 

143-215.7A(c), as enacted by Section 3.1 of this act and amended 

by Sections 3.3 through 3.5 of this act, reads as rewritten: 

 "(c) Motor vehicle emissions inspections shall be performed 

in the following counties: Alamance, Buncombe, Cabarrus, Catawba, 

Chatham, Cleveland, Cumberland, Davidson, Durham, 

Edgecombe, Forsyth, Franklin, Gaston, Granville, Guilford, 

Harnett, Iredell, Johnston, Lee, Lenoir, Lincoln, 

Mecklenburg, Moore, Nash, Orange, Pitt, Randolph, 

Robeson, Rockingham, Rowan, Stanly, Union, and

Wake. Wake, Wayne, and Wilson." 

 Section 3.7. Effective 1 July 2005, G.S. 

143-215.7A(c), as enacted by Section 3.1 of this act and amended 

by Sections 3.3 through 3.6 of this act, reads as rewritten: 

 "(c) Motor vehicle emissions inspections shall be performed 

in the following counties: Alamance, Buncombe, Burke,

Cabarrus, Caldwell, Catawba, Chatham, Cleveland, 

Cumberland, Davidson, Durham, Edgecombe, Forsyth, Franklin, 

Gaston, Granville, Guilford, Harnett, Haywood, Henderson,

Iredell, Johnston, Lee, Lenoir, Lincoln, Mecklenburg, Moore, 

Nash, Orange, Pitt, Randolph, Robeson, Rockingham, Rowan, 

Rutherford, Stanly, Stokes, Surry, Union, Wake, 

Wayne, Wilkes, and Wilson." 

 Section 3.8. Effective 1 January 2006, G.S. 

143-215.7A(c), as enacted by Section 3.1 of this act and amended 

by Sections 3.3 through 3.7 of this act, reads as rewritten: 

 "(c) Motor vehicle emissions inspections shall be performed 

in the following counties: Alamance, Brunswick, Buncombe, 

Burke, Cabarrus, Caldwell, Carteret, Catawba, Chatham, 
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Cleveland, Craven, Cumberland, Davidson, Durham, 

Edgecombe, Forsyth, Franklin, Gaston, Granville, Guilford, 

Harnett, Haywood, Henderson, Iredell, Johnston, Lee, Lenoir, 

Lincoln, Mecklenburg, Moore, Nash, New Hanover, Onslow,

Orange, Pitt, Randolph, Robeson, Rockingham, Rowan, Rutherford, 

Stanly, Stokes, Surry, Union, Wake, Wayne, Wilkes, and Wilson." 

 Section 3.9. Sections 3.3 through 3.8 of this act 

become effective only if G.S. 20-183.7 is amended to increase the 

fee for motor vehicle emissions inspections no later than 31 

December 2000. G.S. 143-215.107A(b), as enacted by Section 3.1 

of this act, and Section 3.2 of this act are repealed effective 1 

January 2001 unless, prior to 1 January 2001, G.S. 20-183.7 has 

been amended to increase the fee for motor vehicle emissions 

inspection. 

 Section 3.10. The Department of Environment and 

Natural Resources, with the assistance of the Division of Motor 

Vehicles of the Department of Transportation and the affected 

parties, shall study issues related to costs associated with the 

motor vehicle emissions inspection and maintenance program. The 

Department shall determine what constitutes a reasonable fee for 

motor vehicle emissions inspections under the current program and 

under the enhanced program to be implemented pursuant to G.S. 

143-215.107A(b), as enacted by Section 3.1 of this act. In 

determining what constitutes a reasonable fee, the Department 

shall consider the cost of emissions inspection equipment, the 

useful life of the equipment, the average period of time during 

which a purchaser of this equipment is able to amortize this 

cost, telephone charges incurred in connection with the 

registration denial program, whether a fee should be charged to 

reinspect a vehicle that fails an emissions test after repairs to 

the vehicle have been made, and whether the State should purchase 

emissions inspection equipment purchased prior to 10 June 1999 

for use in the current program but that will be rendered obsolete 

by the enhanced program. The Department shall report its 

findings and recommendations to the Environmental Review 

Commission on or before 1 February 2000. The Environmental 

Review Commission, with the assistance of the Fiscal Research 

Division of the Legislative Services Office, shall evaluate these 

recommendations. The Environmental Review Commission shall 

recommend legislation to amend G.S. 20-183.7 to increase the fee 

for motor vehicle emissions inspections to the 2000 Regular 

Session of the 1999 General Assembly. 

 Section 3.11. G.S. 20-183.2 reads as rewritten: 

"§ 20-183.2. Description of vehicles subject to safety 

or emissions inspection; definitions.

 (a) Safety. -- A motor vehicle is subject to a safety 

inspection in accordance with this Part if it meets all of the 

following requirements: 

 (1) It is subject to registration with the Division 

 under Article 3 of this Chapter. 

 (2) It is not subject to inspection under 49 C.F.R. 

 Part 396, the federal Motor Carrier Safety Regulations. 

 (3) It is not a trailer whose gross weight is less 

 than 4,000 pounds or a house trailer. 

 (b) Emissions. -- A motor vehicle is subject to an 

emissions inspection in accordance with this Part if it meets all 

of the following requirements: 
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 (1) It is subject to registration with the Division 

 under Article 3 of this Chapter. 

 (2) It is not a trailer whose gross weight is less 

 than 4,000 pounds, a house trailer, or a motorcycle. 

 (3) It is a 1975 or later model. 

 (4) It is powered or

 designed so that it could be powered by gasoline.

 (5) It meets any of the following descriptions: 

 a. It is required to be registered in an 

 emissions county. 

 b. It is part of a fleet that is operated 

 primarily in an emissions county. 

 c. It is offered for rent in an emissions 

 county. 

 d. It is a used vehicle offered for sale by a 

 dealer in an emissions county. 

 e. It is operated on a federal installation 

 located in an emissions county and it is not a tactical 

 military vehicle. Vehicles operated on a federal 

 installation include those that are owned or leased by 

 employees of the installation and are used to commute 

 to the installation and those owned or operated by the 

 federal agency that conducts business at the 

 installation. 

 f. It is otherwise required by 40 C.F.R. Part 

 51 to be subject to an emissions inspection. 

 (c) Definitions. -- The following definitions apply in this 

Part: 

 (1) Emissions county. -- A county in which

 the State either is required by federal law to conduct

 emissions testing or has agreed in its State Implementation

 Plan submitted to the federal Environmental Protection

 Agency to conduct emissions testing. The State

 listed in G.S. 143-215.107A(c) or designated by the

 Environmental Management Commission establishes the

 emissions counties pursuant to rules adopted under G.S.

 143-215.107(a)(6). pursuant to G.S.

 143-215.107A(d) and certified to the Commissioner of Motor

 Vehicles as a county in which the implementation of a motor

 vehicle emissions inspection program will improve ambient

 air quality.

 (2) Federal installation. -- An installation that 

 is owned by, leased to, or otherwise regularly used as the 

 place of business of a federal agency." 

 Section 3.12. G.S. 143-215.107 reads as rewritten: 

"§ 143-215.107. Air quality standards and 

classifications.

 (a) Duty to Adopt Plans, Standards, etc. -- The Commission 

is hereby directed and empowered, as rapidly as possible within 

the limits of funds and facilities available to it, and subject 

to the procedural requirements of this Article and Article 21: 

 (1) To prepare and develop, after proper study, a 

 comprehensive plan or plans for the prevention, abatement 

 and control of air pollution in the State or in any 

 designated area of the State. 

 (2) To determine by means of field sampling and 

 other studies, including the examination of available data 
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 collected by any local, State or federal agency or any 

 person, the degree of air contamination and air pollution in 

 the State and the several areas of the State. 

 (3) To develop and adopt, after proper study, air 

 quality standards applicable to the State as a whole or to 

 any designated area of the State as the Commission deems 

 proper in order to promote the policies and purposes of this 

 Article and Article 21 most effectively. 

 (4) To collect information or to require reporting 

 from classes of sources which, in the judgment of the 

 Environmental Management Commission, may cause or contribute 

 to air pollution. Any person operating or responsible for 

 the operation of air contaminant sources of any class for 

 which the Commission requires reporting shall make reports 

 containing such information as may be required by the 

 Commission concerning location, size, and height of 

 contaminant outlets, processes employed, fuels used, and the 

 nature and time periods or duration of emissions, and such 

 other information as is relevant to air pollution and 

 available or reasonably capable of being assembled. 

 (5) To develop and adopt emission control standards 

 as in the judgment of the Commission may be necessary to 

 prohibit, abate, or control air pollution commensurate with 

 established air quality standards. The standards

 may be applied uniformly to the State as a whole or to any

 area of the State designated by the Commission.

 This subdivision does not apply to that portion of the 

 National Emission Standards for Hazardous Air Pollutants for 

 asbestos that governs demolition and renovation as set out 

 in 40 C.F.R. § 61.141, 61.145, 61.150, and 61.154 (1 July 

 1993 edition). 

 (6) To adopt, when necessary and

 practicable, a program for testing emissions from motor

 vehicles and to adopt motor vehicle emission standards in

 compliance with applicable federal regulations.

 adopt motor vehicle emissions standards; to adopt, when

 necessary and practicable, a motor vehicle emissions

 inspection and maintenance program to improve ambient air

 quality; to require that motor vehicle emissions be

 monitored while the vehicle is in operation by means of

 onboard diagnostic equipment (OBD) installed by the vehicle

 manufacturer; to require manufacturers of motor vehicles to

 furnish to the Equipment and Tool Institute and, upon

 request and at a reasonable charge, to any person who

 maintains or repairs a motor vehicle, all information

 necessary to fully make use of the onboard diagnostic

 equipment and the data compiled by that equipment; to

 certify to the Commissioner of Motor Vehicles that ambient

 air quality will be improved by the implementation of a

 motor vehicle emissions inspection and maintenance program

 in a county. The Commission shall implement this

 subdivision as provided in G.S. 143-215.107A.

 (7) To develop and adopt standards and plans 

 necessary to implement programs for the prevention of 

 significant deterioration and for the attainment of air 

 quality standards in nonattainment areas. 

 (8) To develop and adopt standards and plans 
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 necessary to implement programs to control acid deposition 

 and to regulate the use of sulfur dioxide allowances and 

 nitrogen oxides (NOx) emissions in accordance with 

 Title IV and implementing regulations adopted by the United 

 States Environmental Protection Agency. 

 (9) To regulate the oxygen content 

 of gasoline, motor fuels, as defined in

 G.S. 119-16, to require use of reformulated gasoline as 

 the Commission determines necessary, to implement the 

 requirements of Title II and implementing regulations 

 adopted by the United States Environmental Protection 

 Agency, and to develop standards and plans to implement this 

 subdivision. Rules adopted under this subdivision

 may specify standards for a particular area of the State

 that differ from standards specified for other areas as may

 be necessary to improve ambient air quality within a

 particular area, achieve attainment or preclude violations

 of the National Ambient Air Quality Standards, or to meet

 other federal requirements. Rules may authorize 

 the use of marketable oxygen credits for gasoline as 

 provided in federal requirements. 

 (10) To develop and adopt standards and plans 

 necessary to implement requirements of the federal Clean Air 

 Act and implementing regulations adopted by the United 

 States Environmental Protection Agency. 

 (11) To develop and adopt economically feasible 

 standards and plans necessary to implement programs to 

 control the emission of odors from animal operations, as 

 defined in G.S. 143-215.10B. 

 (12) To develop and adopt a program of

 incentives to promote voluntary reductions of emissions of

 air contaminants, including, but not limited to, emissions

 banking and trading and credit for voluntary early reduction

 of emissions.

 (13) To develop and adopt rules governing

 the certification of persons who inspect vehicle-mounted

 tanks used to transport motor fuel and to require that

 inspection of these tanks be performed only by certified

 personnel.

 (14) To develop and adopt rules governing

 the sale and service of mobile source exhaust emissions

 analyzers and to require that vendors of these analyzers

 provide adequate surety to purchasers for the performance of

 the vendor's contractual or other obligations related to the

 sale and service of analyzers.

 (b) Criteria for Standards. -- In developing air quality 

and emission control standards, motor vehicle emissions

standards, motor vehicle emissions inspection and maintenance

requirements, rules governing the content of motor fuels or

requiring the use of reformulated gasoline, and other standards

and plans to improve ambient air quality, the Commission 

shall recognize consider varying local 

conditions and requirements and may prescribe uniform

standards and plans throughout the State or different 

standards and plans for different counties or areas 

as may be necessary and appropriate to facilitate

accomplishment of the stated improve ambient air
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quality in the State or within a particular county or area,

achieve attainment or preclude violations of state or national

ambient air quality standards, meet other federal requirements,

or achieve the purposes of this Article and Article 21. 

 (c) Chapter 150B of the General Statutes governs the 

adoption and publication of rules under this Article." 

 Section 3.13. G.S. 20-183.8F reads as rewritten: 

"§ 20-183.8F. Requirements for giving 

certain emissions license holders notice 

of violations and for taking summary action.

 (a) Finding of Violation. -- When an auditor of the 

Division finds that an emissions a

violation has occurred that could result in the suspension or 

revocation of an emissions inspection station 

license, an emissions a self-inspector 

license, or an emissions a mechanic 

license, the auditor must give the affected license holder 

written notice of the finding. The notice must be given within 

five business days after the violation occurred. The notice must 

state the period of suspension or revocation that could apply to 

the violation and any monetary penalty that could apply to the 

violation. The notice must also inform the license holder of the 

right to a hearing if the Division charges the license holder 

with the violation. 

 (b) Notice of Charges. -- When the Division decides to 

charge an emissions inspection station, 

an emissions a self-inspector, or 

an emissions a mechanic with a violation 

that could result in the suspension or revocation of the person's 

emissions license, an auditor of the Division 

must deliver a written statement of the charges to the affected 

license holder. The statement of charges must inform the license 

holder of this right, instruct the person on how to obtain a 

hearing, and inform the license holder of the effect of not 

requesting a hearing. The license holder has the right to a 

hearing before the license is suspended or revoked. G.S. 

20-183.8E sets out the procedure for obtaining a hearing. 

 (c) Exception for Summary Action. -- The right granted by 

subsection (b) of this section to have a hearing before 

an emissions a license is suspended or 

revoked does not apply if the Division summarily suspends or 

revokes the license after a judge has reviewed and authorized the 

proposed action. A license issued to an 

emissions inspection station, an

emissions a self-inspector, or an

emissions a mechanic is a substantial property 

interest that cannot be summarily suspended or revoked without 

judicial review." 

 Section 13.14. G.S. 20-183.8G reads as rewritten: 

"§ 20-183.8G. Administrative and judicial 

review.

 (a) Right to Hearing. -- A person who applies for a license 

or registration under this Part or who has a license or 

registration issued under this Part has the right to a hearing 

when any of the following occurs: 

 (1) The Division denies the person's application 

 for a license or registration. 
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 (2) The Division delivers to the person a written 

 statement of charges of an emissions

 a violation that could result in the suspension or 

 revocation of the person's emissions

 license. 

 (3) The Division summarily suspends or revokes the 

 person's license following review and authorization of the 

 proposed adverse action by a judge. 

 (4) The Division assesses a civil penalty against 

 the person. 

 (5) The Division issues a warning letter to the 

 person. 

 (6) The Division cancels the person's registration. 

 (b) Hearing After Statement of Charges. -- When an

emissions a license holder receives a statement 

of charges of an emissions a violation 

that could result in the suspension or revocation of the person's 

license, the person can obtain a hearing by making a request for 

a hearing. The person must make the request to the Division 

within 10 days after receiving the statement of the charges. A 

person who does not request a hearing within this time limit 

waives the right to a hearing. 

 The Division must hold a hearing requested under this 

subsection within three business days after receiving the request 

unless the person requesting the hearing asks for additional time 

to prepare for the hearing. A person may ask for no more than 

seven additional business days to prepare. If the additional time 

requested is within this limit, the Division must grant a person 

the additional time requested. The hearing must be held at the 

location designated by the Division. Suspension or revocation of 

the license is stayed until a decision is made following the 

hearing. 

 If a person does not request a hearing within the time 

allowed for making the request, the proposed suspension or 

revocation becomes effective the day after the time for making 

the request ends. If a person requests a hearing but does not 

attend the hearing, the proposed suspension or revocation becomes 

effective the day after the date set for the hearing. 

 (c) Hearing After Summary Action. -- When the Division 

summarily suspends a license issued under this Part after 

judicial review and authorization of the proposed action, the 

person whose license was suspended or revoked may obtain a 

hearing by filing with the Division a written request for a 

hearing. The request must be filed within 10 days after the 

person was notified of the summary action. The Division must hold 

a hearing requested under this subsection within 14 days after 

receiving the request. 

 (d) All Other Hearings. -- When this section gives a person 

the right to a hearing and subsection (b) or (c) of this section 

does not apply to the hearing, the person may obtain a hearing by 

filing with the Division a written request for a hearing. The 

request must be filed within 10 days after the person receives 

written notice of the action for which a hearing is requested. 

The Division must hold a hearing within 90 days after the 

Division receives the request. 

 (e) Review by Commissioner. -- The Commissioner may conduct 

a hearing required under this section or may designate a person 
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to conduct the hearing. When a person designated by the 

Commissioner holds a hearing and makes a decision, the person who 

requested the hearing has the right to request the Commissioner 

to review the decision. The procedure set by the Division governs 

the review by the Commissioner of a decision made by a person 

designated by the Commissioner. 

 (f) Decision. -- A decision made after a hearing on the 

imposition of a monetary penalty against a motorist for an 

emissions violation or on a Type I, II, or III emissions 

violation by an emissions license holder must uphold any monetary 

penalty, license suspension, license revocation, or warning 

required by G.S. 20-183.8A or G.S. 20-183.8B, respectively, if 

the decision contains a finding that the motorist or license 

holder committed the act for which the monetary penalty, license 

suspension, license revocation, or warning was imposed. A 

decision made after a hearing on any other action may uphold or 

modify the action. 

 (g) Judicial Review. -- Article 4 of Chapter 150B of the 

General Statutes governs judicial review of an administrative 

decision made under this section." 

PART IV. STATE AGENCY GOALS, PLANS, DUTIES, AND 

REPORTS; OTHER PROVISIONS

 Section 4.1. As used in this Part, alternative-fueled 

vehicle means a motor vehicle capable of operating on 

electricity; natural gas; propane; hydrogen; reformulated 

gasoline; ethanol; other alcohol fuels, separately or in mixtures 

of eighty-five percent (85%) or more of alcohol by volume; or 

fuels, other than alcohol, derived from biological materials. 

For purposes of this Part, a vehicle that has been converted to 

operate on a fuel other than the fuel for which it was originally 

designed is not a new or replacement vehicle. 

 Section 4.2. It shall be the goal of the State that on 

and after 1 January 2004 at least seventy-five percent (75%) of 

the new or replacement light duty cars and trucks purchased by 

the State will be alternative-fueled vehicles or low emission 

vehicles. The Department of Administration, the Department of 

Transportation, and the Department of Environment and Natural 

Resources shall jointly develop a plan to achieve this goal and 

to fuel and maintain these vehicles. The Department of 

Administration shall report on progress in developing and 

implementing this plan and achieving this goal to the 

Environmental Review Commission on 1 September of each year 

beginning 1 September 2000. For purposes of this section, a 

light duty car or truck is one that is rated at 8,500 pounds or 

less Gross Vehicle Weight Rating (GVWR). 

 Section 4.3. The Department of Public Instruction, the 

Department of Transportation, and the Department of Environment 

and Natural Resources shall jointly develop a draft plan for the 

purchase of school buses under which, beginning 1 January 2004, 

at least fifty percent (50%) of the new and replacement public 

school buses purchased for use in counties with a population of 

at least 100,000, based on the most recent population estimates 

prepared by the Office of State Planning, will be 

alternative-fueled or low emission vehicles. These departments 

shall invite interested parties to participate in the development 
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of the draft plan. The draft plan will consider the 

infrastructure requirements that would be needed to fuel and 

maintain these buses and the costs and benefits of implementation 

of the plan, including the impact on ambient air quality. The 

Department of Public Instruction shall submit the draft plan to 

the Environmental Review Commission on or before 1 September 

2000. 

 Section 4.4. The Department of Transportation and the 

Department of Environment and Natural Resources shall jointly 

develop a draft plan for the purchase of buses under which, 

beginning 1 January 2004, at least fifty percent (50%) of the new 

and replacement buses purchased to provide public transportation 

in counties in which motor vehicle emissions inspections are 

required to be performed under subsection (c) or (d) of G.S. 

143-215.107A will be alternative-fueled or low emission vehicles. 

These departments shall invite interested parties to participate 

in the development of the draft plan. The draft plan will 

consider the infrastructure requirements that would be needed to 

fuel and maintain these buses and the costs and benefits of 

implementation of the plan, including the impact on ambient air 

quality. The Department of Transportation shall submit the draft 

plan to the Environmental Review Commission on or before 1 

September 2000. 

 Section 4.5. The Department of Transportation, the 

Department of Commerce, and the Department of Environment and 

Natural Resources shall jointly develop recommendations for 

incentives to increase the use of alternative-fueled and low 

emission light duty cars and trucks in privately owned fleets. 

The Department of Environment and Natural Resources shall submit 

these recommendations to the Environmental Review Commission on 

or before 1 February 2000. The Department of Environment and 

Natural Resources shall report on progress in increasing the use 

of alternative-fueled and low emission light duty cars and trucks 

in privately owned fleets to the Environmental Review Commission 

on or before 1 October of each year beginning 1 October 2001. 

 Section 4.6. The Department of Administration, the 

Office of State Personnel, the Department of Transportation, and 

the Department of Environment and Natural Resources shall jointly 

develop and periodically update a plan to reduce vehicle miles 

traveled by State employees and vehicle emissions resulting from 

job-related travel, including commuting to and from work. The 

plan shall consider the use of carpooling, vanpooling, public 

transportation, incentives, and other appropriate strategies. 

The Office of State Personnel shall report on the development and 

implementation of the plan to the Joint Legislative 

Transportation Oversight Committee and the Environmental Review 

Commission on or before 1 October of each year beginning 1 

October 2000. 

 Section 4.7. The Department of Transportation, the 

Department of Commerce, and the Department of Environment and 

Natural Resources shall jointly develop and periodically update a 

plan to reduce vehicle miles traveled by private sector employees 

and vehicle emissions resulting from job-related travel, 

including commuting to and from work. The plan shall consider 

the use of incentives for both private sector employees and 

employers, carpooling, vanpooling, public transportation, and 

other appropriate strategies. The Department of Transportation 
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shall report on the development and implementation of the plan to 

the Joint Legislative Transportation Oversight Committee and the 

Environmental Review Commission on or before 1 October of each 

year beginning 1 October 2000. 

 Section 4.8. The Office of State Personnel shall 

implement a policy that promotes telework/telecommuting for State 

employees as recommended by the report of the State Auditor 

entitled "Establishing a Formal Telework/Telecommuting Program 

for State Employees" and dated October 1997. It shall be the 

goal of the State to reduce State employee vehicle miles traveled 

in commuting by twenty percent (20%) without reducing total work 

hours or productivity. The Office of State Personnel shall 

report on progress in implementing this section to the 

Environmental Review Commission on or before 1 October of each 

year beginning 1 October 2000. 

 Section 4.9. The Environmental Management Commission 

shall initiate rule making to regulate the emissions of nitrogen 

oxides (NOx) from complex sources pursuant to G.S. 143-215.109 no 

later than 1 October 1999. The Environmental Management 

Commission shall report on the progress of this rule making as a 

part of each quarterly report the Commission makes to the 

Environmental Review Commission pursuant to G.S. 143B-282(b). 

 Section 4.10. Chapter 136 of the General Statutes is 

amended by adding a new Article to read: 

 "ARTICLE 16.

 "Planning.

"§ 136-200. Definitions.

 As used in this Article:

 (1) `Conformity' means the extent to

 which transportation plans, programs, and projects conform

 to federal air quality requirements as specified in 40 Code

 of Federal Regulations, Part 93, Subpart A (1 July 1998

 Edition).

 (2) `Department' means the Department of

 Transportation.

 (3) `Interface' means a relationship

 between streams of traffic that efficiently and safely

 maximizes the mobility of people and goods within and

 through urbanized areas and minimizes transportation-related

 fuel consumption and air pollution.

 (4) `Metropolitan Planning Organization'

 or `MPO' means an agency that is designated as a

 Metropolitan Planning Organization in accordance with 23

 U.S.C. § 134.

 (5) `Regionally significant project' has

 the same meaning as under 40 Code of Federal Regulations

 93.101 (1 July 1998 Edition).

 (6) `Regional travel demand model' means

 a model of a region, defined in the model, that is approved

 by the Department and each Metropolitan Planning

 Organization whose boundaries include any part of the region

 and that uses socioeconomic data and projections to predict

 demands on a transportation network.

"§ 136-201. Plan for intermodal interface.

 When planning a regionally significant transportation

project, the Department shall consider design alternatives that

will facilitate the cost-effective interface of the project with
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other existing or planned transportation projects, including

highway, airport, rail, bus, bicycle, and pedestrian facilities.

The Department of Transportation shall record its consideration

of these design alternatives in the planning documents for the

project.

"§ 136-202. Metropolitan planning organizations.

 (a) Each Metropolitan Planning Organization shall base

all transportation plans, metropolitan transportation improvement

programs, and conformity determinations on the most recently

completed regional travel demand model.

 (b) Each Metropolitan Planning Organization shall update

its transportation plans in accordance with the scheduling

requirements stated in 23 Code of Federal Regulations 450.322 (1

April 1999 Edition).

 (c) The Department, the metropolitan planning

organizations, and the Department of Environment and Natural

Resources shall jointly evaluate and adjust the regions defined

in each regional travel demand model at least once every five

years and no later than 1 October of the year following each

decennial federal census. The evaluation and adjustment shall be

based on decennial census data and the most recent populations

estimates certified by the State Planning Officer. The

adjustment of these boundaries shall reflect current and

projected patterns of population, employment, travel, congestion,

commuting, and public transportation use and the effects of these

patterns on air quality.

 (d) The Department shall report on the evaluation and

adjustment of the boundaries of the area served by each

Metropolitan Planning Organization to the Joint Legislative

Transportation Oversight Committee and the Environmental Review

Commission no later than 1 November of each year in which the

regions are evaluated and adjusted.

"§ 136-203. Joint study groups.

 The Department and the Department of Environment and

Natural Resources shall convene a joint study group to examine

options to maximize the positive impacts and minimize the adverse

impacts on air quality of transportation investments. A joint

study group shall be convened for each major travel corridor in

which there has been air quality violations within the previous

fiscal year or that affects an area in which there has been air

quality violations within the previous fiscal year. Each joint

study group shall include at least 10 members, half of whom shall

be appointed by the Secretary of Transportation and half of whom

shall be appointed by the Secretary of Environment and Natural

Resources. Each group shall include representatives from the

Department and the Department of Environment and Natural

Resources, affected units of local government, private

businesses, and nonprofit public interest organizations. The

Department and the Department of Environment and Natural

Resources shall jointly report on the work, findings, and

recommendations of each joint study group to the Joint

Legislative Transportation Oversight Committee and the

Environmental Review Commission on or before 1 October of each

year." 

 Section 4.11. The Department of Transportation and the 

Department of Environment and Natural Resources shall make the 

first joint report required by G.S. 136-203, as enacted by 
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Section 4.10 of this act, on or before 1 October 2000. 

 Section 4.12. G.S. 143-215.94T(a) is amended by adding 

a new subdivision to read: 

 "(12) Tank tightness testing procedures

 and certification of persons who conduct tank tightness

 tests." 

 Section 4.13. G.S. 143B-282(a)(2)h. reads as 

rewritten: 

 "h. Governing underground tanks used for the 

 storage of oil or hazardous substances 

 or oil pursuant to Article 21

 or Article 21A Articles 21, 21A, or 21B

 of Chapter 143 of the General 

 Statutes. Statutes, including

 inspection and testing of these tanks and certification

 of persons who inspect and test tanks." 

PART V. MISCELLANEOUS PROVISIONS

 Section 5.1. This act shall not be construed to 

obligate the General Assembly to appropriate any funds to 

implement the provisions of this act. Every State agency to 

which this act applies shall implement the provisions of this act 

from funds otherwise appropriated or available to that agency. 

 Section 5.2. The headings to the Parts of this act are 

intended as a convenience to the reader and are for reference 

only. The headings do not expand, limit, or define the text of 

this act. 

 Section 5.3. If any section or provision of this act 

is declared unconstitutional or invalid by the courts, the 

unconstitutional or invalid section or provision does not affect 

the validity of this act as a whole or any part of this act other 

than the part declared to be unconstitutional or invalid. 

 Section 5.4. Except as otherwise provided in this act, 

this act is effective when it becomes law. 

 In the General Assembly read three times and ratified 

this the 20th day of July, 1999. 

 s/ Dennis A. Wicker 

 President of the Senate 

 s/ James B. Black 

 Speaker of the House of Representatives 

 s/ James B. Hunt, Jr. 

 Governor 

Approved 10:50 a.m. this 21st day of July, 1999 
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 GENERAL ASSEMBLY OF NORTH CAROLINA 

 SESSION 2001 

 

 

 SESSION LAW 2002-4 

 SENATE BILL 1078 

 

 

AN ACT TO IMPROVE AIR QUALITY IN THE STATE BY IMPOSING 

 LIMITS ON THE EMISSION OF CERTAIN POLLUTANTS FROM CERTAIN 

 FACILITIES THAT BURN COAL TO GENERATE ELECTRICITY AND TO 

 PROVIDE FOR RECOVERY BY ELECTRIC UTILITIES OF THE COSTS OF 

 ACHIEVING COMPLIANCE WITH THOSE LIMITS. 

The General Assembly of North Carolina enacts: 

 

 SECTION 1. Article 21B of Chapter 143 of the 

General Statutes is amended by adding a new section to read: 

"§ 143-215.107D. Emissions of oxides of nitrogen (NOx) and

 sulfur dioxide (SO2) from certain coal-fired generating

 units.

 (a) As used in this section:

 (1) 'Coal-fired generating unit' means a

 coal-fired generating unit, as defined by 40 Code

 of Federal Regulations § 96.2 (1 July 2001

 Edition), that is located in this State and has the

 capacity to generate 25 or more megawatts of

 electricity.

 (2) 'Investor-owned public utility' means

 an investor-owned public utility, as defined in

 G.S. 62-3.

 (b) An investor-owned public utility that owns or

operates coal-fired generating units that collectively emitted

more than 75,000 tons of oxides of nitrogen (NOx) in calendar

year 2000:

 (1) Shall not collectively emit from the

 coal-fired generating units that it owns or

 operates more than 35,000 tons of oxides of

 nitrogen (NOx) in any calendar year beginning 1

 January 2007.

 (2) Shall not collectively emit from the

 coal-fired generating units that it owns or

 operates more than 31,000 tons of oxides of

 nitrogen (NOx) in any calendar year beginning 1

 January 2009.

 (c) An investor-owned public utility that owns or

operates coal-fired generating units that collectively emitted

75,000 tons or less of oxides of nitrogen (NOx) in calendar year

2000 shall not collectively emit from the coal-fired generating

units that it owns or operates more than 25,000 tons of oxides

of nitrogen (NOx) in any calendar year beginning 1 January

2007.

 (d) An investor-owned public utility that owns or

operates coal-fired generating units that collectively emitted

more than 225,000 tons of sulfur dioxide (SO2) in calendar year

2000:
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 (1) Shall not collectively emit from the

 coal-fired generating units that it owns or

 operates more than 150,000 tons of sulfur dioxide

 (SO2) in any calendar year beginning 1 January

 2009.

 (2) Shall not collectively emit from the

 coal-fired generating units that it owns or

 operates more than 80,000 tons of sulfur dioxide

 (SO2) in any calendar year beginning 1 January

 2013.

 (e) An investor-owned public utility that owns or

operates coal-fired generating units that collectively emitted

225,000 tons or less of sulfur dioxide (SO2) in calendar year

2000:

 (1) Shall not collectively emit from the

 coal-fired generating units that it owns or

 operates more than 100,000 tons of sulfur dioxide

 (SO2) in any calendar year beginning 1 January

 2009.

 (2) Shall not collectively emit from the

 coal-fired generating units that it owns or

 operates more than 50,000 tons of sulfur dioxide

 (SO2) in any calendar year beginning 1 January

 2013.

 (f) Each investor-owned public utility to which

this section applies may determine how it will achieve the

collective emissions limitations imposed by this section.

Compliance with the emissions limitations set out in this

section does not alter the obligation of any person to comply

with any other federal or State law, regulation, or rule related

to air quality or visibility. This subsection shall not be

construed to limit the authority of the Commission to impose

specific limitations on the emission of oxides of nitrogen (NOx)

and sulfur dioxide (SO2) from an individual coal-fired

generating unit owned or operated by an investor-owned public

utility.

 (g) A coal-fired generating unit that is

subject to the collective emissions limitations set out in this

section on 1 July 2002 shall remain subject to the collective

emissions limitations whether or not it thereafter continues to

be owned or operated by an investor-owned public utility.

 (h) The Commission shall require that any permit

or modified permit issued for a coal-fired generating unit that

is subject to this section include conditions that provide for

testing, monitoring, record keeping, and reporting adequate to

assure compliance with the requirements of this section.

 (i) The Governor may enter into an agreement with

an investor-owned public utility under which the investor-owned

public utility voluntarily agrees to transfer to the State any

emissions allowances acquired or that may be acquired by the

investor-owned public utility pursuant to 42 U.S.C. §§ 7651-

7651o, as implemented by 40 Code of Federal Regulations §§ 73.1

through 73.90 (1 July 2001 Edition); 42 U.S.C.

7410(a)(2)(D)(i)(I), as implemented by 40 Code of Federal

Regulations § 51.121 (1 July 2001 Edition), related federal

regulations, and the associated State Implementation Plan; 42

U.S.C. § 7426, as implemented by 40 Code of Federal Regulations
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§ 52.34 (1 July 2001 Edition) and related federal regulations;

or any similar program established under federal law that result

from compliance with the emissions limitations set out in this

section. An agreement entered into pursuant to this subsection

shall be binding and shall be enforceable by specific

performance. If the Governor enters into an agreement that

provides for the transfer of emissions allowances to the State,

the Governor shall file verified copies of the agreement with

the Attorney General, the Secretary of State, the State

Treasurer, the Secretary of Environment and Natural Resources,

and the Utilities Commission. The State Treasurer shall hold all

emissions allowances that are transferred to the State as

provided in this subsection in trust for the people of this

State and shall sell, trade, transfer, or otherwise dispose of

the emissions allowances only as the General Assembly shall

provide by law.

 (j) An investor-owned public utility that is

subject to the emissions limitations set out in this section

shall submit to the Utilities Commission and to the Department

on or before 1 April of each year a verified statement pursuant

to subsection (i) of G.S. 62-133.6." 

 SECTION 2. G.S. 143-215.108 reads as rewritten: 

"§ 143-215.108. Control of sources of air pollution; permits 

 required. 

 (a)After the effective date applicable to any air

quality or emission control standards established pursuant to

G.S. 143-215.107 and except Except as provided 

in subsections (a1) and (a2) of this section, no person shall do 

any of the following things or carry out any of the following 

activities which contravene or will be likely to contravene 

such standards established pursuant to G.S.

143-215.107 or set out in G.S. 143-215.107D until or

unless such that person 

shall have applied for and shall have received

has obtained from the Commission a permit 

therefor and shall have has complied 

with such conditions, if any, as are prescribed by such

any conditions of this permit: 

 (1) Establish or operate any air contaminant source; 

 (2) Build, erect, use or operate any equipment which 

 may result in the emission of air contaminants or 

 which is likely to cause air pollution; 

 (3) Alter or change the construction or method of 

 operation of any equipment or process from which 

 air contaminants are or may be emitted; 

 (4) Enter into an irrevocable contract for the 

 construction and installation of any air-cleaning 

 device, or allow or cause such device to be 

 constructed, installed, or operated. 

 (a1)The Commission may by rule establish procedures that meet 

the requirements of section 502(b)(10) of Title V (42 U.S.C. § 

7661a(b)(10)) and 40 Code of Federal Regulations § 70.4(b)(12) 

(1 July 1993 Edition) to allow a permittee to make changes 

within a permitted facility without requiring a revision of the 

permit. 

 (a2)The Commission may adopt rules that provide for a minor 

modification of a permit. At a minimum, rules that provide for a 
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minor modification of a permit shall meet the requirements of 40 

Code of Federal Regulations § 70.7(e)(2) (1 July 1993 Edition). 

If the Commission adopts rules that provide for a minor 

modification of a permit, a permittee shall not make a change in 

the permitted facility while the application for the minor 

modification is under review unless the change is authorized 

under the rules adopted by the Commission. 

 (b) The Commission shall act upon all applications for 

permits so as to effectuate the purpose

purposes of this section,

Article by reducing existing air pollution and 

preventing, so far as reasonably possible, any increased 

pollution of the air from any additional or enlarged sources. 

 (c) The Commission shall have the power: 

 (1) To grant and renew a permit with such

 any conditions attached as

 that the Commission believes 

 necessary to achieve the purposes of this 

 section Article or the 

 requirements of the Clean Air Act and implementing 

 regulations adopted by the United States 

 Environmental Protection Agency; 

 ...." 

 SECTION 3. G.S. 143-215.107(a)(8) reads as 

rewritten: 

 "(8) To develop and adopt standards and plans necessary 

 to implement programs to control acid deposition 

 and to regulate the use of sulfur dioxide (SO2)

 allowances and nitrogen oxides 

 of nitrogen (NOx) emissions in accordance 

 with Title IV and implementing regulations adopted 

 by the United States Environmental Protection 

 Agency." 

 SECTION 4. G.S. 143-215.114A(a) reads as 

rewritten: 

 "(a)A civil penalty of not more than ten thousand dollars 

($10,000) may be assessed by the Secretary against any person 

who: 

 (1) Violates any classification, standard or limitation 

 established pursuant to G.S. 143-

 215.107;G.S. 143-215.107.

 (2) Is required but fails to apply for or to secure a 

 permit required by G.S. 143-215.108 or who violates 

 or fails to act in accordance with the terms, 

 conditions, or requirements of such 

 permit;permit.

 (3) Violates or fails to act in accordance with the 

 terms, conditions, or requirements of any special 

 order or other appropriate document issued pursuant 

 to G.S. 143-215.110;G.S. 143-

 215.110.

 (4) Fails to file, submit, or make available, as the 

 case may be, any documents, data or reports 

 required by this Article or Parts 1 or 7 of Article 

 21 of this Chapter;Chapter.

 (5) Violates a rule of the Commission or a local 

 governing body implementing this Article or Parts 1 
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 or 7 of Article 21;Article

 21.

 (6) Violates the offenses set out in G.S. 143-215.114B. 

 (7) Violates the emissions limitations set

 out in G.S. 143-215.107D." 

 SECTION 5. G.S. 143-215-114A is amended by 

adding a new subsection to read: 

 "(b1)The Secretary may assess a civil penalty of

not more than ten thousand dollars ($10,000) per day for a

violation of the emissions limitations set out in G.S.

143-215.107D as provided in this subsection. If at the end of

any calendar year, an investor-owned public utility has violated

an emissions limitation set out in G.S. 143-215.107D, the

violation shall be considered to be continuous from the day that

the collective emissions first exceeded the emissions limitation

set out in G.S. 143-215.107D through the end of the calendar

year and the Secretary may assess a separate civil penalty for

each day." 

 SECTION 6. G.S. 143-215.114B(f) reads as 

rewritten: 

 "(f)Any person who negligently violates any classification, 

standard or limitation established pursuant to G.S. 143-

215.107; G.S. 143-215.107 or by G.S. 143-215.107D

any term, condition, or requirement of a permit issued 

pursuant to G.S. 143-215.108 or of a special order or other 

appropriate document issued pursuant to G.S. 143-215.110 or any 

rule of the Commission implementing any of the said section, 

shall be guilty of a Class 2 misdemeanor which may include a 

fine not to exceed fifteen thousand dollars ($15,000) per day of 

violation, provided that such fine shall not exceed a cumulative 

total of two hundred thousand dollars ($200,000) for each period 

of 30 days during which a violation continues." 

 SECTION 7. G.S. 143-215.114B(g) reads as 

rewritten: 

 "(g)Any person who knowingly and willfully violates any 

classification, standard, or limitation established in the rules 

of the Commission pursuant to G.S. 143-215.107 or

G.S. 143-215.107; the emissions limitations set out

in G.S. 143-215.107D; any term, condition, or requirement of 

a permit issued pursuant to G.S. 143-215.108

G.S. 143-215.108; or of a special order or other 

appropriate document issued pursuant to G.S. 143-215.110, shall 

be guilty of a Class H felony, which may include a fine not to 

exceed one hundred thousand dollars ($100,000) per day of 

violation, provided that this fine shall not exceed a cumulative 

total of five hundred thousand dollars ($500,000) for each 

period of 30 days during which a violation continues. For the 

purposes of this subsection, the phrase "knowingly and 

willfully" shall mean intentionally and consciously as the 

courts of this State, according to the principles of common law, 

interpret the phrase in the light of reason and experience." 

 SECTION 8. G.S. 143-215.114B(h)(1) reads as 

rewritten: 

 "(1) Any person who knowingly violates any 

 classification, standard, or limitation established 

 in the rules of the Commission pursuant to 

 G.S. 143-215.107 or G.S. 143-
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 215.107; the emissions limitations set out in G.S.

 143-215.107D; any term, condition, or 

 requirement of a permit issued pursuant to 

 G.S. 143-215.108 G.S. 143-

 215.108; or of a special order or other 

 appropriate document issued pursuant to G.S. 

 143-215.110 and who knows at that time that he 

 thereby places another person in imminent danger of 

 death or serious bodily injury shall be guilty of a 

 Class C felony, which may include a fine not to 

 exceed two hundred fifty thousand dollars 

 ($250,000) per day of violation, provided that this 

 fine shall not exceed a cumulative total of one 

 million dollars ($1,000,000) for each period of 30 

 days during which a violation continues." 

 SECTION 9. Article 7 of Chapter 62 of the 

General Statutes is amended by adding a new section to read: 

"§ 62-133.6. Environmental compliance costs recovery.

 (a) As used in this section:

 (1) 'Coal-fired generating unit' means a

 coal-fired generating unit, as defined by 40 Code

 of Federal Regulations § 96.2 (1 July 2001

 Edition), that is located in this State and has the

 capacity to generate 25 or more megawatts of

 electricity.

 (2) 'Environmental compliance costs' means

 only those capital costs incurred by an

 investor-owned public utility to comply with the

 emissions limitations set out in G.S. 143-215.107D

 that exceed the costs required to comply with 42

 U.S.C. § 7410(a)(2)(D)(i)(I), as implemented by 40

 Code of Federal Regulations § 51.121 (1 July 2001

 Edition), related federal regulations, and the

 associated State or Federal Implementation Plan, or

 with 42 U.S.C. § 7426, as implemented by 40 Code of

 Federal Regulations § 52.34 (1 July 2001 Edition)

 and related federal regulations. The term

 'environmental compliance costs' does not

 include:

 a. Costs required to comply with a final

 order or judgment rendered by a state or

 federal court under which an investor-owned

 public utility is found liable for a failure

 to comply with any federal or state law, rule,

 or regulation for the protection of the

 environment or public health.

 b. The net increase in costs, above those

 proposed by the investor-owned public utility

 as part of its plan to achieve compliance with

 the emissions limitations set out in G.S. 143-

 215.107D, that are necessary to comply with a

 settlement agreement, consent decree, or

 similar resolution of litigation arising from

 any alleged failure to comply with any federal

 or state law, rule, or regulation for the

 protection of the environment or public

 health.
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 c. Any criminal or civil fine or penalty,

 including court costs imposed or assessed for

 a violation by an investor-owned public

 utility of any federal or state law, rule, or

 regulation for the protection of the

 environment or public health.

 d. The net increase in costs, above those

 proposed by the investor-owned public utility

 as part of its plan to achieve the emissions

 limitations set out in G.S. 143-215.107D, that

 are necessary to comply with any limitation on

 emissions of oxides of nitrogen (NOx) or

 sulfur dioxide (SO2) that are imposed on an

 individual coal-fired generating unit by the

 Environmental Management Commission or the

 Department of Environment and Natural

 Resources to address any nonattainment of an

 air quality standard in any area of the

 State.

 (3) 'Investor-owned public utility' means

 an investor-owned public utility, as defined in

 G.S. 62-3.

 (b) The investor-owned public utilities shall be

allowed to accelerate the cost recovery of their estimated

environmental compliance costs over a seven-year period,

beginning 1 January 2003 and ending 31 December 2009. For

purposes of this subsection, an investor-owned public utility

subject to the provisions of subsections (b) and (d) of G.S.

143-215.107D shall amortize environmental compliance costs in

the amount of one billion five hundred million dollars

($1,500,000,000) and an investor-owned public utility subject to

the provisions of subsections (c) and (e) of G.S. 143-215.107D

shall amortize environmental compliance costs in the amount of

eight hundred thirteen million dollars ($813,000,000). During

the rate freeze period established in subsection (e) of this

section, the investor-owned public utilities shall, at a

minimum, recover through amortization seventy percent (70%) of

the environmental compliance costs set out in this subsection.

The maximum amount for each investor-owned public utility's

annual accelerated cost recovery during the rate freeze period

shall not exceed one hundred fifty percent (150%) of the annual

levelized environmental compliance costs set out in this

subsection. The amounts to be amortized pursuant to this

subsection are estimates of the environmental compliance costs

that may be adjusted as provided in this section. The General

Assembly makes no judgment as to whether the actual

environmental compliance costs will be greater than, less than,

or equal to these estimated amounts. These estimated amounts do

not define or limit the scope of the expenditures that may be

necessary to comply with the emissions limitations set out in

G.S. 143-215.107D.

 (c) The investor-owned public utilities shall file

their compliance plans, including initial cost estimates, with

the Commission and the Department of Environment and Natural

Resources not later than 10 days after the date on which this

section becomes effective. The Commission shall consult with the

Secretary of Environment and Natural Resources and shall
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consider the advice of the Secretary as to whether an investorowned public utility's proposed compliance plan is adequate to

achieve the emissions limitations set out in G.S. 143-

215.107D.

 (d) Subject to the provisions of subsection (f) of

this section, the Commission shall hold a hearing to review the

environmental compliance costs set out in subsection (b) of this

section. The Commission may modify and revise those costs as

necessary to ensure that they are just, reasonable, and prudent

based on the most recent cost information available and

determine the annual cost recovery amounts that each investorowned public utility shall be required to record and recover

during calendar years 2008 and 2009. In making its decisions

pursuant to this subsection, the Commission shall consult with

the Secretary of Environment and Natural Resources to receive

advice as to whether the investor-owned public utility's actual

and proposed modifications and permitting and construction

schedule are adequate to achieve the emissions limitations set

out in G.S. 143-215.107D. The Commission shall issue an order

pursuant to this subsection no later than 31 December 2007.

 (e) Notwithstanding G.S. 62-130(d) and G.S.

62-136(a), the base rates of the investor-owned public utilities

shall remain unchanged from the date on which this section

becomes effective through 31 December 2007. The Commission may,

however, consistent with the public interest:

 (1) Allow adjustments to base rates, or

 deferral of costs or revenues, due to one or more

 of the following conditions occurring during the

 rate freeze period:

 a. Governmental action resulting in

 significant cost reductions or requiring major

 expenditures including, but not limited to,

 the cost of compliance with any law,

 regulation, or rule for the protection of the

 environment or public health, other than

 environmental compliance costs.

 b. Major expenditures to restore or

 replace property damaged or destroyed by force

 majeure.

 c. A severe threat to the financial

 stability of the investor-owned public utility

 resulting from other extraordinary causes

 beyond the reasonable control of the investor-

 owned public utility.

 d. The investor-owned public utility

 persistently earns a return substantially in

 excess of the rate of return established and

 found reasonable by the Commission in the

 investor-owned public utility's last general

 rate case.

 (2) Approve any reduction in a rate or

 rates applicable to a customer or class of

 customers during the rate freeze period, if

 requested to do so by an investor-owned public

 utility that is subject to the emissions

 limitations set out in G.S. 143-215.107D.

 (f) In any general rate case initiated to adjust
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base rates effective on or after 1 January 2008, the investorowned public utility shall be allowed to recover its actual

environmental compliance costs in accordance with Article 7 of

this Chapter less the cumulative amount of accelerated cost

recovery recorded pursuant to subsection (b) of this

section.

 (g) Consistent with the public interest, the

Commission is authorized to approve proposals submitted by an

investor-owned public utility to implement optional,

market-based rates and services, provided the proposal does not

increase base rates during the period of time referred to in

subsection (e) of this section.

 (h) Nothing in this section shall prohibit the

Commission from taking any actions otherwise appropriate to

enforce investor-owned public utility compliance with applicable

statutes or Commission rules or to order any appropriate remedy

for such noncompliance allowed by law.

 (i) An investor-owned public utility that is

subject to the emissions limitations set out in G.S. 143-

215.107D shall submit to the Commission and to the Department of

Environment and Natural Resources on or before 1 April of each

year a verified statement that contains all of the

following:

 (1) A detailed report on the investor-

 owned public utility's plans for meeting the

 emissions limitations set out in G.S. 143-

 215.107D.

 (2) The actual environmental compliance

 costs incurred by the investor-owned public utility

 in the previous calendar year, including a

 description of the construction undertaken and

 completed during that year.

 (3) The amount of the investor-owned

 public utility's environmental compliance costs

 amortized in the previous calendar year.

 (4) An estimate of the investor-owned

 public utility's environmental compliance costs and

 the basis for any revisions of those estimates when

 compared to the estimates submitted during the

 previous year.

 (5) A description of all permits required

 in order to comply with the provisions of G.S. 143-

 215.107D for which the investor-owned public

 utility has applied and the status of those permits

 or permit applications.

 (6) A description of the construction

 related to compliance with the provisions of G.S.

 143-215.107D that is anticipated during the

 following year.

 (7) A description of the applications for

 permits required in order to comply with the

 provisions of G.S. 143-215.107D that are

 anticipated during the following year.

 (8) The results of equipment testing

 related to compliance with G.S. 143-215.107D.

 (9) The number of tons of oxides of

 nitrogen (NOx) and sulfur dioxide (SO2) emitted
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 during the previous calendar year from the coal-

 fired generating units that are subject to the

 emissions limitations set out in G.S. 143-

 215.107D.

 (10) The emissions allowances described in

 G.S. 143-215.107D(i) that are acquired by the

 investor-owned public utility that result from

 compliance with the emissions limitations set out

 in G.S. 143-215.107D.

 (11) Any other information requested by the

 Commission or the Department of Environment and

 Natural Resources.

 (j) The Secretary shall review the information

submitted pursuant to subsection (i) of this section and

determine whether the investor-owned public utility's actual and

proposed modifications and permitting and construction schedule

are adequate to achieve the emissions limitations set out in

G.S. 143-215.107D and shall advise the Commission as to the

Secretary's findings and recommendations.

 (k) Any information, advice, findings,

recommendations, or determinations provided by the Secretary

pursuant to this section shall not constitute a final agency

decision within the meaning of Chapter 150B of the General

Statutes and shall not be subject to review under that

Chapter." 

 SECTION 10. It is the intent of the General 

Assembly that the State use all available resources and means, 

including negotiation, participation in interstate compacts and 

multistate and interagency agreements, petitions pursuant to 42 

U.S.C. § 7426, and litigation to induce other states and 

entities, including the Tennessee Valley Authority, to achieve 

reductions in emissions of oxides of nitrogen (NOx) and sulfur 

dioxide (SO2) comparable to those required by G.S. 143-215.107D, 

as enacted by Section 1 of this act, on a comparable schedule. 

The State shall give particular attention to those states and 

other entities whose emissions negatively impact air quality in 

North Carolina or whose failure to achieve comparable reductions 

would place the economy of North Carolina at a competitive 

disadvantage. 

 SECTION 11. The Environmental Management 

Commission shall study the desirability of requiring and the 

feasibility of obtaining reductions in emissions of oxides of 

nitrogen (NOx) and sulfur dioxide (SO2) beyond those required by 

G.S. 143-215.107D, as enacted by Section 1 of this act. The 

Environmental Management Commission shall consider the 

availability of emissions reduction technologies, increased cost 

to consumers of electric power, reliability of electric power 

supply, actions to reduce emissions of oxides of nitrogen (NOx) 

and sulfur dioxide (SO2) taken by states and other entities 

whose emissions negatively impact air quality in North Carolina 

or whose failure to achieve comparable reductions would place 

the economy of North Carolina at a competitive disadvantage, and 

the effects that these reductions would have on public health, 

the environment, and natural resources, including visibility. 

In its conduct of this study, the Environmental Management 

Commission may consult with the Utilities Commission and the 

Public Staff. The Environmental Management Commission shall 
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report its findings and recommendations to the General Assembly 

and the Environmental Review Commission annually beginning 1 

September 2005. 

 SECTION 12. The General Assembly anticipates 

that measures implemented to achieve the reductions in emissions 

of oxides of nitrogen (NOx) and sulfur dioxide (SO2) required by 

G.S. 143-215.107D, as enacted by Section 1 of this act, will 

also result in significant reductions in the emissions of 

mercury from coal-fired generating units. The Division of Air 

Quality of the Department of Environment and Natural Resources 

shall study issues related to monitoring emissions of mercury 

and the development and implementation of standards and plans to 

implement programs to control emissions of mercury from 

coal-fired generating units. The Division shall evaluate 

available control technologies and shall estimate the benefits 

and costs of alternative strategies to reduce emissions of 

mercury. The Division shall annually report its interim 

findings and recommendations to the Environmental Management 

Commission and the Environmental Review Commission beginning 1 

September 2003. The Division shall report its final findings 

and recommendations to the Environmental Management Commission 

and the Environmental Review Commission no later than 1 

September 2005. The costs of implementing any air quality 

standards and plans to reduce the emission of mercury from 

coal-fired generating units below the standards in effect on the 

date this act becomes effective, except to the extent that the 

emission of mercury is reduced as a result of the reductions in 

the emissions of oxides of nitrogen (NOx) and sulfur dioxide 

(SO2) required to achieve the emissions limitations set out in 

G.S. 143-215.107D, as enacted by Section 1 of this act, shall 

not be recoverable pursuant to G.S. 62-133.6, as enacted by 

Section 9 of this act. 

 SECTION 13. The Division of Air Quality of the 

Department of Environment and Natural Resources shall study 

issues related to the development and implementation of 

standards and plans to implement programs to control emissions 

of carbon dioxide (CO2) from coal-fired generating units and 

other stationary sources of air pollution. The Division shall 

evaluate available control technologies and shall estimate the 

benefits and costs of alternative strategies to reduce emissions 

of carbon dioxide (CO2). The Division shall annually report its 

interim findings and recommendations to the Environmental 

Management Commission and the Environmental Review Commission 

beginning 1 September 2003. The Division shall report its final 

findings and recommendations to the Environmental Management 

Commission and the Environmental Review Commission no later than 

1 September 2005. The costs of implementing any air quality 

standards and plans to reduce the emission of carbon dioxide 

(CO2) from coal-fired generating units below the standards in 

effect on the date this act becomes effective, except to the 

extent that the emission of carbon dioxide (CO2) is reduced as a 

result of the reductions in the emissions of oxides of nitrogen 

(NOx) and sulfur dioxide (SO2) required to achieve the emissions 

limitations set out in G.S. 143-215.107D, as enacted by Section 

1 of this act, shall not be recoverable pursuant to G.S. 

62-133.6, as enacted by Section 9 of this act. 

 SECTION 14. On or before 1 June of each year, 
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North Carolina Attainment Demonstration June 15, 2007 

the Department of Environment and Natural Resources and the 

Utilities Commission shall report on the implementation of this 

act to the Environmental Review Commission and the Joint 

Legislative Utility Review Committee. The first report required 

by this section shall be submitted no later than 1 June 2003. 

 SECTION 15. If any section or provision of this 

act is declared unconstitutional or invalid by the courts, the 

unconstitutional or invalid section or provision does not affect 

the validity of this act as a whole or any part of this act 

other than the part declared to be unconstitutional or invalid. 

 SECTION 16. This act is effective when it 

becomes law except that G.S. 143-215.107D(i), as enacted by 

Section 1 of this act, is effective retroactively to 1 June 

2002. 

 In the General Assembly read three times and ratified 

this the 19th day of June, 2002. 

 s/ Marc Basnight 

 President Pro Tempore of the 

Senate 

 s/ James B. Black 

 Speaker of the House of 

Representatives 

 s/ Michael F. Easley 

 Governor 

Approved 11:30 a.m. this 20th day of June, 2002 
Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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 Appendix M 

June 15, 2007
Adopted State Measures 

The Charlotte-Gastonia-Rock Hill, NC-SC 8-Hour Ozone 

North Carolina Attainment Demonstration

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