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1 15A NCAC 2D .1402 is amended with changes as published in 24:04 NCR 166-167 as follows: {The proposed text as noticed 

2 included language adopted as a temporary amendment that has since expired.} 

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4 15A NCAC 02D .1402 APPLICABILITY 

5 (a) The rules in this Section do not apply except as specifically set out in this Rule. Section .2400 of this Subchapter [shall 

6 apply] applies rather than the nitrogen oxide (NOx) state implementation plan (SIP) call (40 CFR 51.121) provisions of Rules 

7 .1402(c) and (h), .1403(a) and (d) through (e), .1404(a), (b), and (d) through (j), .1409(c), (d), and (h), and .1416 through 

8 .1423 of this Subchapter.

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

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

11 (d) The Rules .1407 through .1409(b) and .1413 of this Section apply to facilities with the potential to emit 100 ton or more 

12 nitrogen oxides per year with potential emissions of nitrogen oxides equal to or greater than 100 tons per year or 560 pounds 

13 per calendar day beginning May 1 through September 30 of any year in the following areas: 

14 (1) Cabarrus County County;

15 (2) Gaston County County;

16 (3) Lincoln County County;

17 (4) Mecklenburg County County;

18 (5) Rowan County County;

19 (6) Union County County; and

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

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

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

23 Fulton Creek and back to Yadkin River, the Director shall initiate analysis to determine the control measures needed to attain 

24 and maintain the ambient air quality standard for ozone. By the following May 1, the Director shall implement the specific 

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

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

27 implement the rules in this Section identified as necessary by the analysis by notice in the North Carolina Register. The notice 

28 shall identify the rules that are to be implemented and shall identify whether the rules implemented are to apply in Davidson, 

29 Forsyth, or Guilford County or that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina 

30 Highway 801, Fulton Creek and back to Yadkin River or any combination thereof. At least one week before the scheduled 

31 publication date of the North Carolina Register containing the Director's notice implementing rules in this Section, the 

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

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

34 requirements of this Section. (For Forsyth County, "Director" means for the purpose of notifying permitted facilities in 

35 Forsyth County, the Director of the Forsyth County local air pollution control program.) Compliance shall be according to 

36 Rule .1403 of this Section. 
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1 (f) If a violation of the ambient air quality standard for ozone is measured according to 40 CFR 50.9 in Durham or Wake 

2 County or Dutchville Township in Granville County, the Director shall initiate analysis to determine the control measures 

3 needed to attain and maintain the ambient air quality standard for ozone. By the following May 1, the Director shall 

4 implement the specific stationary source control measures contained in this Section that are required as part of the control 

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

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

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

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

9 thereof. At least one week before the scheduled publication date of the North Carolina Register containing the Director's 

10 notice implementing rules in this Section, Rules .1407 through .1409(b) and .1413 of this Section, the Director shall send 

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

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

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

14 (g) If EPA notifies the State that its nonattainment plan for ozone has failed to attain the ambient air quality standard for 

15 ozone and does not qualify for an extension of the attainment date in the Charlotte-Gastonia-Rock Hill ozone nonattainment 

16 area, the rules in this Section shall apply to facilities in Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties 

17 and Davidson and Coddle Creek townships in Iredell County with the potential to emit at least 50 tons but less than 100 tons 

18 of nitrogen oxides per year. Within 60 days of receipt of the notification from EPA Once the nonattainment plan for ozone has 

19 failed and the area does not qualify for an extension of the attainment date, the Director shall notice the applicability of these 

20 rules to these sources in the North Carolina Register and shall send written notification to all permitted facilities within the 

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

22 them that they are or may be subject to the requirements of this Section. (For Mecklenburg County, "Director" means for the 

23 purpose of notifying permitted facilities in Mecklenburg County, the Director of the Mecklenburg County local air pollution 

24 control program.) Compliance shall be according to Rule .1403 of this Section. 

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

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

27 defined at 15A NCAC 02Q .0103(19); 

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

29 (3) emergency generator; 

30 (4) emergency use internal combustion engine; 

31 (5) source that is not covered under Rule .1418 of this Section and that is at a facility with a federally 

32 enforceable potential to emit nitrogen oxides of:

33 (A) less than 100 tons per year; and

34 (B) less than 560 pounds per calendar day beginning May 1 through September 30 of any year.

35 (6)(5) stationary internal combustion engine less than 2400 brake horsepower that operates no more than the 

36 following hours between May 1 and September 30: 

37 (A) for diesel engines: 
3 

1 t = 833,333 / ES 

2 (B) for natural gas-fired engines: 

3 t= 700,280 / ES 

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

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

7 Eff. April 1, 1995; 

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

9 Temporary Amendment Eff. November 1, 2000; 

10 Amended Eff. April 1, 2001; 

11 Temporary Amendment Eff. August 1, 2001; 

12 Amended Eff. June 1, 2008; July 1, 2007; March 1, 2007; July 18, 2002; 

13 Temporary Amendment Eff. December 31, 2008; 

14 Temporary Amendment expired September 29, 2009. 2009;

15 Amended Eff. January 1, 2010.

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