### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 15A NCAC 2D .0101 has been amended with changes as published in 18:08 NCR 552-553 as follows: 15A NCAC 2D .0101 DEFINITIONS The definition of any word or phrase used in Rules of this Subchapter is the same as given in Article 21, G.S. 143, as amended. The following words and phrases, which are not defined in the article, have the following meaning: (1) "Act" means "The North Carolina Water and Air Resources Act." (2) "Air pollutant" means an air pollution agent or combination of such agents, including any physical, chemical, biological, radiative substance or matter emitted into or otherwise entering the ambient air. (3) "Ambient air" means that portion of t he atmosphere outside buildings or other enclosed structures, stacks or ducts, and that surrounds human, animal or plant life, or property. (4) "Approved" means approved by the Dire ctor of the Division of Air Quality according to these rules. (5) "Capture system" means the equipment (i ncluding hoods, ducts, fans, etc.) used to contain, capture, or transpor t a pollutant to a control device. (6) "CFR" means "Code of Federal Regulations." (7) "Combustible material" means any subs tance that, when ignited, will burn in air. (8) "Construction" means change in method of operation or any physical change, including on-site fabrication, erection, installation, replacement, demolition, or modification of a source, that results in a change in emissions or affects the compliance status. (9) "Control device" means equipment (fume incinerator, adsorber, absorber, scrubber, filter media, cyclone, electrostatic precipitator, or the like) used to destroy or remove air pollutant(s) bef ore discharge to the ambient air. (10) "Day" means a 24-hour period beginning at midnight. (11) "Director" means the Director of the Division of Air Quality unless otherwise specified. (12) “Division” means Division of Air Quality. (13) “Dustfall” means particulate matter that settles out of the air and is expressed in units of grams per square meter per 30-day period. (14) "Emission" means the release or discharge, whether directly or indirectly, of any air pollutant into the ambient air from any source. (15) "Facility" means all of the pollutant emitting activities, except transportation facilities as defined under Rule .0802 of this Subchapter, that are located on one or more adjacent properties under common control.

1

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 (16) "FR" means Federal Register. (17) "Fugitive emission" means those em issions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. (18) "Fuel burning equipment" means equipment whose primary purpose is the production of energy or power from the combustion of any fuel. The equipment is generally used for, but not limited to, heat ing water, generating or circulating steam, heating air as in warm air furnace, or furnishing process heat by transferring energy by fluids or through process vessel walls. (19) "Garbage" means any animal and vegetable waste resulting from the handling, preparation, cooking and serving of food. (20) "Incinerator" means a device designed to burn solid, liquid, or gaseous waste material. (21) "Opacity" means that property of a substance tending to obscure vision and is measured as percent obscuration. (22) "Open burning" means any fire whose products of combustion are emitted directly into the outdoor atmosphere without passing through a stack or chimney, approved incinerator, or other similar device. (23) "Owner or operator" means any person who owns, leases, operates, controls, or supervises a facility, source, or air pollution control equipment. (24) "Particulate matter" means any material except uncombined water that exists in a finely divided form as a liquid or solid at standard conditions. (25) "Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by methods specified in this Subchapter. (26) "Permitted" means any source subjec t to a permit under this Subchapter or Subchapter 15A NCAC 2Q. (27) "Person" means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock co mpany, trust, estate, political subdivision, or any other legal entity, or its l egal representative, agent or assigns. (28) "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as meas ured by methods specified in this Subchapter. (29) "PM10 emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by met hods specified in this Subchapter.

23 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (30) PM2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as m easured by methods specified in this Subchapter. (31) "Refuse" means any garbage, rubbish, or trade waste. (32) "Rubbish" means solid or liquid wastes from residences, commercial establishments, or institutions. (33) "Rural area" means an area that is primarily devoted to, but not necessarily limited to, the following uses: agriculture, recreation, wildlife management, state park, or any area of natural cover. (34) "Salvage operation" means any business, trade, or industry engaged in whole or in part in salvaging or reclaiming any product or material, including, but not limited to, metal, chemicals, motor vehi cles, shipping containers, or drums. (35) "Smoke" means small gas-borne particle s resulting from incomplete combustion, consisting predominantly of carbon, ash, and other burned or unburned residue of combustible materials that form a visible plume. (36) "Source" means any stationary article, machine, process equipment, or other contrivance; or any combination; or any t ank-truck, trailer, or railroad tank car; from which air pollutants emanate or are em itted, either directly or indirectly. (37) "Sulfur oxides" means sulfur dioxide, su lfur trioxide, their acids and the salts of their acids. The concentration of sulf ur dioxide is measured by the methods specified in this Subchapter. (38) "Total suspended particulate" means any finely divided solid or liquid material, except water in uncombined form, that is or has been airborne as measured by methods specified in this Subchapter. (39) "Trade wastes" means all solid, liquid, or gaseous waste materials or rubbish resulting from combustion, salvage operations, building operations, or the operation of any business, trade, or indust ry including, but not limited to, plastic products, paper, wood, glass, metal, paint, grease, oil and other petroleum products, chemicals, and ashes. (40) "ug" means micrograms.

History Note: Filed as a Temporary Amendment Eff. March 8, 1994 for a period of 180 days until the permanent rule is effective, whichever is sooner; Authority G.S. 143-215.3(a)(1); 143-213; Eff. February 1, 1976; Amended Eff. May 1, 2004; July 1, 1998; July 1, 1996; July 1, 1994; December 1, 1989; July 1, 1988.

### 1 2 3 4 15A NCAC 2D .0521 has been amended with changes as published in 18:08 NCR 5534-554 as follows: 15A NCAC 2D .0521 CONTROL OF VISIBLE EMISSIONS (a) Purpose. The intent of this Rule is to prevent, abate and control emissions generated from fuel burning operations and industrial processes where an emission can be reasonably be 

### 5 expected to occur, except during startup, s hutdowns, and malfunctions approved as such 

### 6 according to procedures approved under set out in Rule .0535 of this Section. 

### 7 8 9 (b) Scope. This Rule shall apply to all fuel bur ning sources and to other processes that may have a visible emission. However, sources subject to a visible emission standard in Rules .0506,.0508, .0524, .0543, .0544, .1110, .1111, .1205, .1206, or .1210 of this Subchapter shall meet that standard instead of the standard contained in this Rule. This Rule does not apply to engine maintenance, rebuild, and testing activities where controls are infeasible, except it does apply to the testing of peak shaving and emergency generators. (In deciding if controls are infeasible, the Director shall consider emissions, capital cost of compliance, annual incremental compliance cost, and environmental and health impacts.) 

### 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (c) For sources manufactured as of July 1, 1971, visible emissions shall not be more than 40 percent opacity when averaged over a six-minute peri od. However, except for sources required to comply with Paragraph (g) of this Rule, six-minute averaging periods may exceed 40 percent opacity if: (1) No six-minute period exceeds 90 percent opacity; (2) No more than one six-minute period exceeds 40 percent opacity in any hour; and (3) No more than four six-minute periods exceed 40 percent opacity in any 24-hour period. (d) For sources manufactured after July 1, 1971, visible emissions shall not be more than 20 percent opacity when averaged over a six-minute peri od. However, except for sources required to comply with Paragraph (g) of this Rule, six-minute averaging periods may exceed 20 percent opacity if: (1) No six-minute period exceeds 87 percent opacity; (2) No more than one six-minute period exceeds 20 percent opacity in any hour; and (3) No more than four six-minute periods exceed 20 percent opacity in any 24-hour period. (e) Where the presence of uncombined water is the only reason for failure of an emission to meet the limitations of Paragraph (c) or (d) of this Rule, those requirements shall not apply. (f) Exception from Opacity Standard in Paragraph (d) of this Rule. Sources subject to Paragraph (d) of this Rule may be allowed to comp ly with Paragraph (c) of this Rule if: (1) The owner or operator of the source demonstrates compliance with applicable particulate mass emissions standards; and

12 

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

### 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 The burden of proving these conditions shall be on the owner or operator of the source and shall be approached in the following manner. The owner or operator of a source seeking an exception shall apply to the Director requesting this modification in its permit. The applicant shall submit the results of a source test within 90 days of applicat ion. Source testing shall be by the appropriate procedure as designated by rules in this Subchapt er. During this 90-day period the applicant shall submit data necessary to show that emissions up to those allowed by Paragraph (c) of this Rule will not contravene ambient air quality standards. Th is evidence shall include, as a minimum, an inventory of past and projected emissions from the fa cility. In its review of ambient air quality, the Division may require additional information that it considers necessary to assess the resulting ambient air quality. If the applicant can thus show that it will be in compliance both with particulate mass emissions standards and ambient air quality st andards, the Director shall modify the permit to allow emissions up to those allowed by Paragraph (c) of this Rule. (g) For sources required to install, operate, and maintain continuous opacity monitoring systems (COMS), compliance with the numerical opacity limits in this Rule shall be determined as follows excluding startups, shutdowns, maintenance periods when fuel is not being combusted, and malfunctions approved as such according to procedures approved under Rule .0535 of this Section: (1) No more than 10 six-minute periods shall exceed the opacity standard in any one day; and (2) The percent of excess emissions (defined as the percentage of monitored operating time in a calendar quarter above the opacity limit) shall not exceed 0.8 percent of the total operating hours. If a source operates less than 500 hours during a calendar quarter, the percent of excess emissions shall be calculated by including hours operated immediately previous to this quarter until 500 operational hours are obtained. In no instance shall excess emissions exempted under this Paragraph cause or contribute to a violation of any emission standard in this Subchapt er or 40 CFR Part 60, 61, or 63 or any ambient air quality standard in Section 15A NCAC 2D .0400 or 40 CFR Part 50.

History Note: Authority G.S. 143- 215.3(a)(1); 143-215.107(a)(5); Eff. February 1, 1976; Amended Eff. May 1, 2004; April 1, 2003; April 1, 2001; July 1, 1998; July 1, 1996; December 1, 1992; August 1,1987; January 1, 1985. 

### 35 36 3715A NCAC 2D .0902 has been amended with changes as published in 18:08 NCR 555-557 as follows: 

### 1 2 3 15A NCAC 2D .0902 APPLICABILITY (a) The rules in this Section do not apply exc ept as specifically set out in this Rule. 

### 4 (b) Regardless of any ot her statement of applicability of this Section, this Section does not apply 

### 5

to: 

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

### 7 pounds per day, except that this Section does apply to the manufacture and use 

### 8 of cutback asphalt and to gasoline service stations or gasoline dispensing 

### 9 facilities regardless of levels of em issions of volatile organic compounds; 

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

### 11 compounds per calendar month and that are: 

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

### 13 analysis for quality control purposes, staff instruction, water or 

### 14 wastewater analyses, or non-production environmental compliance 

### 15 assessments; 

### 16 (B) bench-scale experimentation, chemic al or physical analyses, training or 

### 17 instruction from not-for-profit, non-production educational laboratorie 

### 18 (C) bench-scale experimentation, chemic al or physical analyses, training or 

### 19 instruction from hospitals or health laboratories pursuant to the 

### 20 determination or diagnoses of illness; or 

### 21 (D) research and development laboratory activities provided the activity 

### 22 produces no commercial product or feedstock material; or 

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

### 24 from sources which use incineration or other types of combustion to control 

### 25 emissions of volatile organic compounds whenever the off-gas contains an 

### 26 explosive mixture during the startup or s hutdown operation if the exemption is 

### 27 approved by the Director as meeting th e requirements of this Subparagraph. 

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

### 29 30 31 32 33 34 35 36 37 (1) .0925, Petroleum Liquid Storage in Fixe d 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; 

### 1 2 3 (8) .0949, Storage of Miscellaneous Volatile Organic Compounds; and (9) .0958, Work Practices for Source s of Volatile Organic Compounds. (b) (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. 

### 4 5 6 7 8 (c) (e) All sources located in Mecklenburg County that were required to comply with any of these Rules: 

### 9 10 (1) .0917 through .0938 .0937 of this Section, or 

### 11 (2) .0943 through .0946 .0945 of this Section, 

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

### 13 (d) With the exceptions stated in Paragraphs (a), (b ), (c), or (h) of this Rule, this Section applies 

### 14

to: 

### 15 (1) Charlotte/Gastonia, consisting of Mecklenburg and Gaston Counties in 

### 16 accordance with Paragraph (e) of this Rule; 

### 17 (2) Greensboro/Winston

- Salem/High Point, consisting of Davidson, Forsyth, and 

### 18 Guilford Counties and that part of Da vie County bounded by the Yadkin River, 

### 19 Dutchman s Creek, North Carolina Highway 801, Fulton Creek and back to 

### 20 Yadkin River in accordance with Paragraph (f) of this Rule; or 

### 21 (3) Raleigh/Durham, consisting of Durham and Wake Counties and Dutchville 

### 22 Township in Granville County in accordance with Paragraph (g) of this Rule. 

### 23 (e) (f) If a violation of the ambient air quality standa rd 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 t he 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 Gaston or Mecklenburg County or in both counties. At l east one week before the scheduled publication date of the North Carolina Register containing the Dire ctor's notice implementing rules in this Section, the Director shall send written notif ication 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 

### 24 25 26 27 28 29 30 31 32 33 34 35 36 37informing them that they are or may be subjec t 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 Mecklenb urg County local air pollution control program.) Compliance shall be in accordance with Rule .0909 of this Section. 

### 1 2 3 4 (f) (g) If a violation of the ambient air quality standa rd for ozone is measured in accordance with 40 CFR 50.9 in Davidson, Forsyth, or Guilford C ounty 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 anal ysis 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 appl y in Davidson, Forsyth, or Guilford County or that part of Davie County bounded by the Yadk in River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin Ri ver 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 Secti on, 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 require ments 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 polluti on control program.) Compliance shall be in accordance with Rule .0909 of this Section. 

### 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (g) (h) If a violation of the ambient air quality standa rd for ozone is measured in accordance with 40 CFR 50.9 in Durham or Wake County or Dutchv ille 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 fo llowing May 1, the Director shall implement the specific stationary source control measures contained in this Sectio n that are required as part of the control strategy necessary to bring the area into compliance and to ma intain compliance with the ambient air quality standard for ozone. The Dire ctor shall implement the rules in this Section identified as being necessary by the analysis by not ice in the North Carolina Register. The notice shall identify the rules that are to be impl emented and shall identify whether the rules implemented are to apply in Durham or Wake C ounty or Dutchville Township in Granville County or any combination thereof. At least one week bef ore 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 

### 25 26 27 28 29 30 31 32 33 34 35 36 37being 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. 

### 1 2 (h) This Section does not apply to: 

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

### 4 pounds per day, except that this Section does apply to the manufacture and use 

### 5 of cutback asphalt and to gasoline service stations or gasoline dispensing 

### 6 facilities regardless of levels of em issions of volatile organic compounds; 

### 7 8 (2) sources used exclusively for chemical or physical an alysis or determination of 

### 9 product quality and commercial acceptance provided: 

### 10 (A) The operation of the source is not an integral part of the production 

### 11

process; 

### 12 (B) The emissions from the source do not exceed 800 pounds per calendar 

### 13 month; and 

### 14 (C) The exe mption is approved in writing by the Director as meeting the 

### 15 requirements of this Subparagraph; or 

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

### 17 from sources which use incineration or other types of combustion to control 

### 18 emissions of volatile organic compounds whenever the off

- gas contains an 

### 19 explosive mixture during the startup or s hutdown operation if the exemption is 

### 20 approved by the Director as meeting th e requirements of this Subparagraph. 

### 21 22 23 24 25 26 27 (i) Sources whose emis sions 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. 

### 28 29 3015A NCAC 2D .0933 has been amended as published in 18:08 NCR 557-558 as follows: 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 15A NCAC 2D .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 facilitie s 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 r oof 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 spac e between the roof edge and tank shell. (6) "Liquid-mounted seal" means a primary seal mounted so the bottom of the seal covers the liquid surface between the tank shell and the floating roof. (7) "Vapor-mounted seal" means a primary seal mounted so there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank shell, the liquid surface, and the floating roof. (8) "Petroleum liquids" means crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery. (b) This Rule applies to all external floating roof tanks with capacities greater than 950 barrels containing petroleum liquids whose true vapor pressure exceed 1.52 pounds per square inch absolute. (c) This Rule does not apply to petroleum liquid storage vessels: (1) that have external floating roofs that have capacities less than 10,000 barrels and that are used to store produced crude oil and condensate prior to custody transfer; (2) that have external floating roofs and that store waxy, heavy-pour crudes; (3) that have external floating roofs, and that contain a petroleum liquid with a true vapor pressure less than 4.0 pounds per square inch absolute and:(A) The tanks are of welded construction; and 

### 1 2 3 4 5 6 7 (B) The primary seal is a metallic-type shoe seal, a liquid-mounted foam seal, a liquid-mounted filled type seal , or any other closure device of demonstrated equivalence; or (4) that have fixed roofs with or without internal floating roofs. (d) With the exceptions stated in Paragraph (c) of this Rule, an external floating roof tank subject to this Rule shall not be used unless: (1) The tank has: has been retrofitted with: 

### 8 9 (A) a continuous secondary seal extending from the floating roof to the tank wall (a rim-mounted secondary), or 

### 10 (B) a metallic-type shoe primary seal and a secondary seal from the top of 

### 11 the shoe seal to the tank wall (shoe-mounted secondary seal); or 

### 12 (B) (C) a closure or other control device demonstrated to have an efficiency equal to or greater than that required under Part (A) or 

### 13 (B) of this Subparagraph. 

### 14 15 This Subparagraph shall not apply to tanks that are of welded construction with external floating roofs, are equipped with a metallic 

### 16

- type shoe primary seal, and 

### 17 have a secondary seal from the top of the shoe seal to the tank wall (shoe



### 18 mounted secondary seal); 

### 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (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 uniform ly in place around the circumference of the floating roof between the fl oating 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; 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (7) Routine visual inspections are conducted once per month; (8) For tanks equipped with a vapor-mounted primary seal, the secondary seal gap measurements are made annually in accordance with Paragraph (e) of this Rule; and (9) Records are maintained in accordance with Rule .0903 of this Section and include: (A) reports of the results of inspections conducted under Subparagraph (7) and (8) of this Paragraph; (B) a record of the average monthly storage temperature and the true vapor pressures or Reid vapor pressures of the petroleum liquids stored; and (C) records of the throughput quantitie s 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 orga nic compound found in Rule .0901(28) of this Section, the owner or operator of a petroleum li quid storage vessel with an external floating roof not equipped with a secondary seal or approved alte rnative, 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. 143-2 15.3(a)(1); 143-215.107(a)(5); Eff. July 1, 1980; Amended Eff. May 1, 2004 ; July 1, 1994; March 1, 1991; December 1, 1989; January 1, 1985 

### 29 30

### 1 2 3 4 5 6 7 8 15A NCAC 2D .1404 has been amended with changes as published in 18:08 NCR 568-569 as follows: 15A NCAC 2D .1404 RECORDKEEPING: REPORTING: MONITORING: (a) General requirements. The owner or operator of any source shall comply with the monitoring, recordkeeping and reporting requirements in Sectio n .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 Di rector, submit any information necessary required 

### 9 10 11 12 13 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. 

### 14 (1) The owner or operator of: shall install, operate, and maintain a continuous 

### 15 emission monitoring system according to 40 CFR Part 75, Subpart H, with such 

### 16 exceptions as may be allowed under 40 CF R Part 75, Subpart H or 40 CFR Part 96 if: 

### 17 (A) a source is covered under Rules .1416, .1417, or .1418 of this Section 

### 18 except internal combustion engines, and or 

### 19 20 (B) any source that opts into the nitrogen oxide budget trading program under Rule .1419 of this Section shall install, operate, and maintain a 

### 21 22 continuous emission monitoring system according to 40 CFR Part 75, 

### 23 Subpart H, with such exceptions as may be allowed under 40 CFR Part 

### 24 25 26 27 28 29 30 31 32 33 34 35 36 75, Subpart H or 40 CFR Part 96

. (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 t he 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 followi ng 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:

1

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (A) a boiler or indirect-fired process heater covered under Rule .1407 of this Section with a maximum heat input less than or equal to 250 million Btu per hour; (B) stationary internal combustion engines covered under Rule .1409 of this Section except for engines covered under Rules .1409(b) and .1418 of this Section. (e) Missing data. (1) If data from continuous emission monitoring systems required to meet the requirements of 40 CFR Part 75 are not ava ilable 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 averagi ng 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 procedures in 40 CFR 75.33 through 75.37 shall be used to supply the missing data. (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 c ontrol 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, A ppendix 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

2

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (iii) a cylinder gas audit according to 40 CFR Part 60, Appendix F, Section 5 and 6; and (C) A daily calibration drift test shall be conducted according to 40 CFR Part 60, Appendix F, Section 4.0. (g) Interim 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 July 30 the tons of nitrogen oxides emitted during the previous May and June. No later than October 30, the owner or operator shall report to the Director the tons of nitrogen oxides emitted during the previous ozone season. The Division of Air Quality sha ll 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 ti me 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 usedwhen a continuous emissions monitoring system is used to determine compliance with a shortterm pounds-per-million-Btu standard in Rule .1418 of this Section. (j) Heat input. Heat input shall be determined: 

### 24 25 (1) for sources using required to use a monitoring system meeting the requirements of 40 CFR Part 75, using the proc edures in 40 CFR Part 75; or 

### 26 27 28 29 30 31 32 33 (2) for sources not using required to use a monitoring system meeting the requirements of 40 CFR Part 75, using: (A) a method in 15A NCAC 2D .0501, or (B) the best available heat input data. (k) Source testing. When compliance with a limit ation established for a source subject to the requirements of this Section is determined using s ource testing, the source testing shall follow the procedures of Rule .1415 of this Section. (l) Alternative monitoring and reporting procedure s. The owner or operator of a source covered under this Rule 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. 

### 34 35 36 37

34 

### 1 2 3 4 5 6 7 History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107( a)(5), (7), (10); Eff. April 1, 1995; Amended Eff. April 1, 1999. Temporary Amendment Eff. November 1, 2000; Amended Eff. April 1, 2001; Temporary Amendment Eff. August 1, 2001; Amended Eff. May 1, 2004; July 15, 2002. 

### 8 9

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 15A NCAC 2D .1409 has been amended with changes as published in 18:08 NCR 569-570 as follows: 15A NCAC 2D .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 NO x from the stationary internal combustion engine to exceed the following limitations:

MAXIMUM ALLOWABLE NO X EMISSION RATES FOR

STATIONARY INTERNAL COMBUSTION ENGINES (GRAMS PER HO RSEPOWER HOUR)

Engine Type Fuel Type Limitation

Rich-burn Gaseous 2.5 Lean-burn Gaseous 2.5 Compression Ignition Liquid 8.0

(b) Engines identified in the table in this Pa ragraph shall not exceed t he emission limit in the table during the ozone season; for the 2002 an d 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 

### 22 23 24 Compliance shall be determined by summing the act ual 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.

1

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 stati onary 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) (d)(2) of this Paragraph shall be approved by the Director before it may be used. The Director may approve the alternative procedure if he finds that it can show the compliance status of the engine. 

### 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 (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 sour ce 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 opera tor 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 Ru le .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 source stationary 

### 35 36 37 internal combustion engine at that facility by an amount equal to or greater than the emissions being offset. Only actual decreased emissions t hat have not previously been relied on to comply

23 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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, includi ng permit number, providing the offset and what the new allowable emission rate for the source will be; (2) identification of the source, includi ng 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, record keeping, and reporting that shall be used to show compliance; and (5) documentation that the offset is an ac tual 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 ac tual 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 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. May 1, 2004; July 15, 2002. 

### 24 2515A NCAC 2D .1416 has been adopted with changes as published in 18:08 NCR 570-574 as follows: 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 15A NCAC 2D .1416 EMISSION ALLOCATIONS FOR UTILITY COMPANIES (a) After November 1, 2000 but before the EPA promulgation of revision s to 40 CFR Part 51, Subpart G, revising the nitrogen oxide budget fo r North Carolina, the following limits apply: (1) Carolina Power & Light. The total emissions from all the coal-fired boilers and combustion turbines that are not listed in Rule .1417 of this Section at Carolina Power & Light Company’s Asheville, Cape Fear, Lee, Mayo, Roxboro, Sutton, and Weatherspoon facilities shall not exceed: (A) 12,019 tons per ozone season for 2004; (B) 15,566 tons per ozone season for 2005; (C) 14,355 tons per ozone season for 2006 and each year thereafter until revised according to Rule .1420 of this Section; and Furthermore, except as allowed under Paragraph (d) of this Rule, individual sources at these facilities named in the table in this Subparagraph shall not exceed during the ozone season the nitrogen oxide emission allocations in the table.

FACILITY SOURCE EMISSION ALLOCATIONS

(tons/ozone

season)

2004 EMISSION ALLOCATIONS (tons/ozone season) 2005 EMISSION ALLOCATIONS

(tons/ozone season) 2006 and later Asheville, Buncombe Co. 1 551 714 659 2 538 697 643 Cape Fear Chatham Co 5 286 371 342 6 406 526 485 Lee Wayne Co 1 145 188 173 2 159 206 190 3 465 603 556 Mayo Person Co 1 1987 2572 2373

Roxboro Person Co 1 861 1115 1028 2 1602 2075 1914 3 1773 2295 2116 4 1698 2199 2028FACILITY SOURCE EMISSION ALLOCATIONS

(tons/ozone

season)

2004 EMISSION ALLOCATIONS (tons/ozone season) 2005 EMISSION ALLOCATIONS

(tons/ozone season) 2006 and later L V Sutton New Hanover Co. 1 182 236 217

2 198 256 236

3 806 1044 962 Weatherspoon Robeson Co. 1 85 110 102 2 97 125 116 3 180 234 215 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 (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 Subpar agraph shall not exceed during the ozone season the nitrogen oxide emission allocations in the table.

FACILITY SOURCE EMISSION ALLOCATIONS

(tons/ozone

season)

2004 EMISSION ALLOCATIONS (tons/season) 2005 EMISSION ALLOCATIONS (tons/season) 2006 and later

G G Allen Gaston Co. 1 350 453 418 2 355 460 424 3 590 764 705 4 528 683 630 5 678 748 690FACILITY SOURCE EMISSION ALLOCATIONS

(tons/ozone

season)

2004 EMISSION ALLOCATIONS (tons/season) 2005 EMISSION ALLOCATIONS (tons/season) 2006 and later

Belews Creek Stokes Co. 1 2591 3356 3095 2 3020 3911 3608 Buck Rowan Co. 5 66 86 79 6 73 95 87 7 78 101 93 8 319 413 381 9 337 437 403 Cliffside Cleveland and Rutherford Co. 1 76 98 91 2 82 106 98 3 107 138 128 4 120 156 144 5 1326 1717 1584 Dan River Rockingham Co. 1 132 171 157 2 144 186 172 3 304 394 363 Marshall Catawba Co. 1 1011 1309 1207 2 1056 1367 1261 3 1784 2311 2131 4 1764 2285 2107 Riverbend Gaston Co. 10 299 387 357 7 216 280 258 8 225 291 268 9 285 369 340 

### 1 2 3 4 5 6 7 8 (b) After November 1, 2000, and after any EPA promulgation of revision s to 40 CFR Part 51, Subpart G, revising the nitrogen oxide budget fo r 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; 

### 1 2 3 4 5 6 7 (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 Subpar agraph shall not exceed during the ozone season the nitrogen oxide emission allocations in the table.

FACILITY SOURCE EMISSION ALLOCATIONS

(tons/ozone season) 2004 EMISSION ALLOCATIONS

(tons/ozone

season)

2005 EMISSION ALLOCATIONS

(tons/ozone

season) 2006 and later Asheville Buncombe Co 1 551 689 519 2 538 672 507 Cape Fear Chatham Co 5 286 358 270 6 406 508 382 Lee Wayne Co. 1 145 182 137 2 159 199 150 3 465 582 438 Mayo Person Co 1 1987 2483 1872

Roxboro Person Co 1 861 1076 811 2 1602 2003 1509 3 1773 2215 1669 4 1698 2122 1599 L V Sutton New Hanover Co. 1 182 228 171 2 198 247 186 3 806 1007 759 Weatherspoon Robeson Co. 1 85 107 80 2 97 121 91 3 180 225 170 

### 8 9 10 11 12 13 (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; 

### 1 2 3 4 5 6 7 (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 Subpar agraph shall not exceed during the ozone season the nitrogen oxide emission allocations in the table.

FACILITY SOURCE EMISSION ALLOCATIONS

(tons/ozone

season)

2004 EMISSION ALLOCATIONS

(tons/ozone

season)

2005 EMISSION ALLOCATIONS

(tons/ozone

season) 2006 and later

G G Allen Gaston Co. 1 350 437 329 2 355 444 334 3 590 737 556 4 528 660 497 5 578 722 544 Belews Creek Stokes Co. 1 2591 3239 2441 2 3020 3775 2846 Buck Rowan Co. 5 66 83 63 6 73 91 69 7 78 97 73 8 319 399 300 9 337 422 318 Cliffside Cleveland and Rutherford Co. 1 76 95 71 2 82 102 77 3 107 134 101 4 120 150 113 5 1326 1658 1249 Dan River Rockingham Co. 1 132 165 124 2 144 180 135 3 304 380 286 Marshall Catawba Co. 1 1011 1263 952 2 1056 1320 994 3 1784 2230 1680 4 1764 2206 1662FACILITY SOURCE EMISSION ALLOCATIONS

(tons/ozone

season)

2004 EMISSION ALLOCATIONS

(tons/ozone

season)

2005 EMISSION ALLOCATIONS

(tons/ozone

season) 2006 and later

Riverbend Gaston Co. 10 299 374 282 7 216 270 204 8 225 281 212 9 285 356 268 

### 1 2 3 (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 may shall comply with the requirements of this Rule using the nitrogen oxide budget trading program set out in Rule .1419 of this Section. 

### 4 5 6 7 8 9 10 11 12 13 (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 c ontrol devices and techniques installed to comply with this Rule shall be operated during the oz one 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 

### 14 1 of that year under Rule .1419 of this Section are added and the allocations transferred 

### 15 before December 1 of that year under Rule .1419 of this Section are subtracted. 

### 16 17 18 19 20 21 22 23 24 25 26 27 (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 fo r 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. 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (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. May 1, 2004; July 15, 2002. 

### 1515A NCAC 2D .1417 has been amended as published in 18:08 NCR 574-581 as follows: 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 15A NCAC 2D .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 permitt ed 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 i nput greater than 250 million Btu per hour that are not covered under Subpara graph (1) of this Paragraph. (b) Initial emission allocations. (1) After November 1, 2000 but before t he EPA promulgation of revisions to 40 CFR Part 51, Subpart G, revising the nitr ogen 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 duri ng the ozone season the nitrogen oxide (NO x ) emission allocations in the tables until revised according to Rule .1420 of this Section:

ELECTRICAL GENERATING UNITS

FACILITY SOURCE NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2004 NO X EMISSION ALLOCATIONS

(tons/ozone season) 2005 NO X EMISSION ALLOCATIONS

(tons/ozone season) 2006 and later

Butler Warner Generating, Cumberland Co. Combustion Turbine 1 27 33 49

Combustion

Turbine 2 27 33 49 Combustion

Turbine 3 27 33 49 Combustion

Turbine 6 28 35 52FACILITY SOURCE NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2004 NO X EMISSION ALLOCATIONS

(tons/ozone season) 2005 NO X EMISSION ALLOCATIONS

(tons/ozone season) 2006 and later

Combustion

Turbine 7 27 33 49 Combustion

Turbine 8 27 33 49 Combustion

Turbine 4 34 43 63 Combustion Turbine 5 35 43 63

Cogentrix-Rocky Mount, Edgecombe Co. Boiler ST unt 319 398 351

CogentrixElizabethtown, Bladen Co. Coal boiler ST-own 115 143 126

Cogentrix-Kenansville, Duplin Co. Stoker boiler ST-LLE 103 128 113

Cogentrix-Lumberton, Robeson Co. Coal boiler ST-TON 114 142 125 Cogentrix-Roxboro, Person Co. ST-ORO 175 218 192 Cogentrix-Southport, Brunswick Co. ST-ORT 356 443 391 Duke Power, Lincoln Combustion Turbine 1 18 23 23

Combustion Turbine 2 18 23 23FACILITY SOURCE NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2004 NO X EMISSION ALLOCATIONS

(tons/ozone season) 2005 NO X EMISSION ALLOCATIONS

(tons/ozone season) 2006 and later

Combustion Turbine 3 18 23 23

Combustion Turbine 4 18 23 23

Combustion Turbine 5 18 23 23

Combustion Turbine 6 18 23 23

Combustion Turbine 7 18 23 23

Combustion Turbine 8 18 23 23

Combustion Turbine 9 18 23 23

Combustion Turbine 10 18 23 23

Combustion Turbine 11 18 23 23FACILITY SOURCE NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2004 NO X EMISSION ALLOCATIONS

(tons/ozone season) 2005 NO X EMISSION ALLOCATIONS

(tons/ozone season) 2006 and later

Combustion Turbine 12 18 23 23

Combustion Turbine 13 18 23 23

Combustion Turbine 14 18 23 23

Combustion Turbine 15 18 23 23

Combustion Turbine 16 19 24 24

Panda-Rosemary, Halifax Co. CT-ary 35 43 32 CW-ary 25 31 23 Roanoke Valley, Halifax Co. 1 447 557 492 2 142 178 167

RJ Reynolds Tobbaccoville Facility, Forsyth Co. Boiler 1 194 243 64

Boiler 2 218 273 64

Boiler 3 178 223 64FACILITY SOURCE NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2004 NO X EMISSION ALLOCATIONS

(tons/ozone season) 2005 NO X EMISSION ALLOCATIONS

(tons/ozone season) 2006 and later

Boiler 4 190 238 64

UNC-CH, Orange Co. Boiler no. 5, 6, and 7 116 145 128

Boiler no. 8 120 150 113

CP&L, Lee Plant, Wayne County Combustion Turbine 10 25 31 31

Combustion Turbine 11 25 31 31

Combustion Turbine 12 92 115 115

Combustion Turbine 13 92 115 115

Dynegy, Rockingham County Combustion Turbine 1 34 42 42

Combustion Turbine 2 33 42 42

Combustion Turbine 3 33 42 42FACILITY SOURCE NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2004 NO X EMISSION ALLOCATIONS

(tons/ozone season) 2005 NO X EMISSION ALLOCATIONS

(tons/ozone season) 2006 and later

Combustion Turbine 4 33 41 41

Combustion Turbine 5 33 41 41

CP&L, Woodleaf, Rowan County Combustion Turbine 1 22 27 27

Combustion Turbine 2 22 27 27

Combustion Turbine 3 22 27 27

Combustion Turbine 4 21 27 27

Combustion Turbine 5 22 27 27

CP&L, Mark’s Creek, Richmond County Combustion Turbine 1 22 27 27

Combustion Turbine 2 22 27 27FACILITY SOURCE NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2004 NO X EMISSION ALLOCATIONS

(tons/ozone season) 2005 NO X EMISSION ALLOCATIONS

(tons/ozone season) 2006 and later

Combustion Turbine 3 22 27 27

Combustion Turbine 4 22 27 27

Combustion Turbine 5 21 27 27

Combustion Turbine 6 21 27 27

Combustion Turbine 7 22 28 28

CP&L, Asheville, Buncombe County Combustion Turbine 60 75 75

Combustion Turbine 60 75 75



### 1NON-ELECTRICAL GENERATING UNITS 

### 1

FACILITY SOURCE NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2004 NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2005 NO X EMISSION ALLOCATIONS

(tons/ozone

season) 2006 and later Weyerhaeuser Paper Co., Martin Co. Riley boiler 566 709 379

Package boiler 20 25 25

Blue Ridge Paper Products, Haywood Co. Pulverized coal dry bottom boiler – Big Ben Bill 212 265 141

Pulverized coal dry bottom boiler – Peter G 187 234 125

Pulverized coal dry bottom boiler – Riley Coal 358 447 239

Pulverized coal, wet bottom boiler – No. 4 365 456 244

Boiler – Riley Bark 135 169 90

International Paper Corp., Halifax Co. Wood/ bark, no. 6 oil, pulverized 518 648 346FACILITY SOURCE NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2004 NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2005 NO X EMISSION ALLOCATIONS

(tons/ozone

season) 2006 and later coal dry bottom boiler Weyerhaeuser Co. New Bern Mill, Craven Co. #1 power boiler 181 226 121

#2 power boiler 58 72 72

International. Paper, Columbus Co. No. 3 Power Boiler 126 158 84

No. 4 Power Boiler 334 418 223

FieldcrestCannon, Plant 1 Cabarrus Co. Boiler 174 217 116



### 1 2 3 4 5 6 7 8 (2) After November 1, 2000, and after any EPA promulgation of revisions to 40 CFR Part 51, Subpart G, revising the nitr ogen 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 duri ng the ozone season the nitrogen oxide (NO x ) emission allocations in the tables until revised according to Rule .1420 of this Section:

### 1 2 3 ELECTRIC GENERATING UNITS

FACILITY SOURCE NO X EMISSION ALLOCATIONS

(tons/ozone season) 2004 NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2005 NO X EMISSIONS ALLOCATIONS

(tons/ozone

season) 2006 and later

Butler Warner Generating, Cumberland Co. Combustion Turbine 1 27 33 49

Combustion Turbine 2 27 33 49

Combustion Turbine 3 27 33 49

Combustion Turbine 6 28 35 52

Combustion Turbine 7 27 33 49

Combustion Turbine 8 27 33 49

Combustion Turbine 4 34 23 43 63

Combustion Turbine 5 35 43 63

CogentrixRocky Mount, Edgecombe Co. Boiler STunt 319 398 351

CogentrixElizabethtown , Bladen Coal boiler ST-OWN 115 143 126

CogentrixKenansville, Duplin Co. Stokerboiler STLLE 103 128 113

Cogentrix- Coal boiler 114 142 125FACILITY SOURCE NO X EMISSION ALLOCATIONS

(tons/ozone season) 2004 NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2005 NO X EMISSIONS ALLOCATIONS

(tons/ozone

season) 2006 and later

Lumberton, Robeson Co. ST-TON

CogentrixRoxboro, Person Co. ST-ORO 175 218 192

CogentrixSouthport, Brunswick Co. ST-ORT 356 444 392

Duke Power, Lincoln Combustion Turbine 1 18 23 26

Combustion Turbine 2 18 23 26

Combustion Turbine 3 18 23 26

Combustion Turbine 4 18 23 26

Combustion Turbine 5 18 23 26

Combustion Turbine 6 18 23 26

Combustion Turbine 7 18 23 26

Combustion Turbine 8 18 23 26

Combustion Turbine 9 18 23 26

Combustion Turbine 10 18 23 26

Combustion Turbine 11 18 23 26FACILITY SOURCE NO X EMISSION ALLOCATIONS

(tons/ozone season) 2004 NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2005 NO X EMISSIONS ALLOCATIONS

(tons/ozone

season) 2006 and later

Combustion Turbine 12 18 23 26

Combustion Turbine 13 18 23 26

Combustion Turbine 14 18 23 26

Combustion Turbine 15 18 23 26

Combustion Turbine 16 19 24 27

PandaRosemary, Halifax Co. CT-ary 35 43 32 CW-ary 25 31 23

Roanoke Valley, Halifax Co. 1 447 558 493 2 142 178 167

RJ Reynolds Tobbaccoville Facility, Forsyth Co. Boiler 1 194 243 64 Boiler 2 218 273 64 Boiler 3 178 223 64 Boiler 4 190 238 64

UNC-CH,

Orange Co. Boiler no. 5, 6, and 7 116 145 128

Boiler no. 8 120 150 113 CP&L, Lee Plant, Wayne County Combustion Turbine 10 25 31 31

Combustion Turbine 11 25 31 31

Combustion Turbine 12 92 115 115FACILITY SOURCE NO X EMISSION ALLOCATIONS

(tons/ozone season) 2004 NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2005 NO X EMISSIONS ALLOCATIONS

(tons/ozone

season) 2006 and later

Combustion Turbine 13 92 115 115

Dynegy, Rockingham County Combustion Turbine 1 34 42 42

Combustion Turbine 2 33 42 42

Combustion Turbine 3 33 42 42

Combustion Turbine 4 33 41 41

Combustion Turbine 5 33 41 41

CP&L, Woodleaf, Rowan County Combustion Turbine 1 22 27 27

Combustion Turbine 2 22 27 27

Combustion Turbine 3 22 27 27

Combustion Turbine 4 21 27 27

Combustion Turbine 5 22 28 28

CP&L, Mark’s Creek, Richmond County Combustion Turbine 1 22 27 27

Combustion Turbine 2 22 27 27

Combustion Turbine 3 22 27 27

Combustion Turbine 4 22 27 27FACILITY SOURCE NO X EMISSION ALLOCATIONS

(tons/ozone season) 2004 NO X EMISSION ALLOCATIONS

(tons/ozone

season)

2005 NO X EMISSIONS ALLOCATIONS

(tons/ozone

season) 2006 and later

Combustion Turbine 5 21 27 27

Combustion Turbine 6 21 27 27

Combustion Turbine 7 22 28 28

CP&L, Asheville, Buncombe County Combustion Turbine 60 75 75

Combustion Turbine 60 75 75



### 1 2 NON-ELECTRIC GENERATING UNITS

FACILITY SOURCE NO X EMISSIONALLOCATIONS (tons/ozone

season)

2004 NO X EMISSIONALLOCATIONS (tons/ozone

season)

2005 NO X EMISSIONALLOCATIONS (tons/ozone

season) 2006 and later

Weyerhaeuser Paper Company, Martin Co. Riley boiler 566 708 379 Package boiler 20 25 25

Blue Ridge Paper Products, Haywood Co. Pulverized coal dry bottom boiler – Big Ben Bill 212 265 141FACILITY SOURCE NO X EMISSIONALLOCATIONS (tons/ozone

season)

2004 NO X EMISSIONALLOCATIONS (tons/ozone

season)

2005 NO X EMISSIONALLOCATIONS (tons/ozone

season) 2006 and later

Pulverized coal dry bottom boiler – Peter G 187 234 125

Pulverized coal dry bottom boiler – Riley Coal 358 447 239

Pulverized coal, wet bottom boiler – No. 4 365 456 244

boiler–Riley Bark 135 169 90

International Paper Corp., Halifax Co. Wood/bark, no. 6 oil, pulverized coal dry bottom boiler 518 648 346

Weyerhaeuser Co. New Bern Mill, Craven Co. #1 power boiler 181 226 121

#2 power boiler 58 72 72

International. Paper, Columbus Co. No. 3 Power Boiler 126 158 84

No. 4 Power Boiler 334 418 223

FieldcrestCannon, Plant 1, Boiler 174 217 116FACILITY SOURCE NO X EMISSIONALLOCATIONS (tons/ozone

season)

2004 NO X EMISSIONALLOCATIONS (tons/ozone

season)

2005 NO X EMISSIONALLOCATIONS (tons/ozone

season) 2006 and later

Cabarrus Co. 

### 1 2 3 4 5 6 (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 may shall comply with the requirements of this Rule using the nitrogen oxide budget trading program set out in Rule .1419 of this Section. 

### 7 8 9 10 11 12 13 14 15 (e) Monitoring. The owner or operator of a source subject to this Rule shall show compliance using a continuous emission monitor t hat meets the requirements of Rule .1404(d) of this Section. (f) Operation of control devices. All emission c ontrol 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 

### 16 1 of that year under Rule .1419 of this Section are added and the allocations transferred 

### 17 before December 1 of that year under Rule .1419 of this Section are subtracted. 

### 18 19 20 21 22 23 24 25 26 27 28 (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 fo r 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 actualemissions 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. 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (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 allocati on 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 s ource 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 retir ed source until a reallocation occurs under Rule .1420 of this Section when the allocation sha ll 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. 2002; 

### 24 Amended Eff. May 1, 2004. 

### 2515A NCAC 2D .1418 has been amended as published in 18:08 NCR 581-582 as follows: 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 15A NCAC 2D .1418 NEW ELECTRIC GENE RATING UNITS, LARGE BOILERS, AND LARGE I/C ENGINES (a) Electric generating units. Emissions of nitr ogen oxides from any fossil fuel-fired stationary boiler, combustion turbine, or combined cycle sy stem 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 oxi des 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 so urce review) of this Subchapter: (1) rich burn stationary internal combustion engines rated at equal to or greater than 2,400 brake horsepower,(2) lean burn stationary internal combustion engines rated at equal to or greater than 2,400 brake horsepower, 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (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 re quires the greater degree of reduction. If the engine is covered under Rule .0531 of this Subcha pter, it shall comply with lowest available emission rate technology requirements of Rule .0531 of this Subchapter. (d) Monitoring. The owner or operator of a s ource 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 seas on in which the source will operate and shall be operated each day during the ozone season that t he source operates. (e) Offsets. If emission allocations are not grant ed under Rule .1421 of this Section or are insufficient to offset the emissions not equal to or greater than the emissions of nitrogen 

### 19 oxides of the source for that ozone season, until revised under Rule .1420 of this Section, 

### 20

source, the owner or operator of the source sh all acquire emission allocations of nitrogen oxides under Rule .1419 of this Section from other sources sufficient to offset its emissions. Sources may 

### 21 22 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 cove red under Paragraph (c) of this Rule shall not be required to obtain emission allocations or emission reductions. 

### 23 24 25 26 27 28 29 30 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. 2002; 

### 31 Amended Eff. May 1, 2004. 

### 32 3315A NCAC 2D .1419 has been amended as published in 18:08 NCR 582-583 as follows: 

### 1 2 3 4 5 6 7 15A NCAC 2D .1419 NITROGEN OXIDE BUDGET TRADING PROGRAM (a) Definitions. For the purposes of this Rule, the definitions in 40 CFR 96.2 shall apply except that: (1) “Permitting agency” means the North Carolina Division of Air Quality. (2) “Fossil fuel fired” means fossil fuel fired as defined under Rule .1401 of this Section instead of the definition in 40 CFR 96.2. (b) Existing sources. Source s covered under Rule .1416 or .1417 of this Section may shall comply with the requirements of Rule .1416 or .1 417 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, wi th the following exceptions: 

### 8 9 10 11 12 13 14 15 16 17 18 19 (1) Permit applications shall be submitted following the procedures and schedules in this Section and in Subchapter 2Q of th is 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 may shall comply with the requirements of Ru le .1418 of this Section using the procedures of and complying with the requirem ents of 40 CFR Part 96, Budget Trading Program for State Implementation Plans, with the following exceptions: 

### 20 21 22 23 24 25 26 27 28 29 (1) Permit applications shall be submitted following the procedures and schedules in this Section and in Subchapter 2Q of th is 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. Sources 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 follo wing 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. 

### 30 31 32 33 Before an internal combustion engine opts into the budget trading 

### 34 program, the owner or operator of the engine s hall demonstrate that the continuous emissions 

### 35 monitor on the engine can comply with the re quirements of 40 CFR Part 75, Subpart H, by 

### 36operating monitor on the engine under the conditions specified in 40 CFR Part 75 for at least one 

### 1 ozone season before opting into the budget trading program. 

### 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (e) Divisional requirements. The Director and the Division of Air Quality shall follow the procedures of 40 CFR Part 96 in reviewing per mit applications and issuing permits for NO x Budget sources, in approving or disapproving monitoring systems for NO x Budget sources, and in taking enforcement action against NO x Budget sources. The Director may issue permits after May 1, 2003, for sources covered under this Section that are participating in the nitrogen oxide budget trading program under this Section. The provisions of 40 CFR Part 96 pertaining to early reduction credits shall not apply. (f) Submitting emission allocations to the EPA. For sources covered under Rule .1416, .1417, or .1418, , the Director shall submit to the Administrator of the Environmental Protection Agency NO x 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 .1 421 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 En vironmental 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 unde r 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, exc ept 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. NO x 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 (nonattainm ent 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; 

### 1 Eff. July 15, 2002

. 2002. 

### 2 3 Amended Eff. May 1, 2004

.

### 1 2 3 4 5 15A NCAC 2D .1422 has been amended with changes as published in 18:08 NCR 583-585 as follows: 15A NCAC 2D .1422 COMPLIA NCE 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. Facilities Sources covered under Rule .1416 of this Section may earn Compliance Supplement Pool Credits for those nitrogen oxide emissions reducti ons required by Rule .1416 of this Section that are achieved 

### 6 7 during the ozone season after September 30, 1999 and are 

### 8 9 demonstrated using baseline and current emissions determined according to 40 CFR Part 75 

### 10 before May 1, 2003, and are beyond the total emissi on reductions required under 40 CFR Part 76 

### 11 12 13 14 15 16 17 18 or any other provision of the federal Clean Air Act. 76. (c) Credits. The Compliance Supplement Pool Credits earned under this Rule shall be tabulated in tons of nitrogen oxides reduced per ozone se ason. The control device, modification, or change in operational practice that enables the combusti on source or sources to achieve the emissions reductions shall be permitted. The facility shall pr ovide 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 

### 19 Compliance Supplement Pool Credits 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 duri ng the entire period shall be tabulated. These credits will then be available for use by the State of North Carolina to achi eve compliance with the State ozone season NOx budget. 

### 20 21 22 23 24 25 26 27 28 29 30 31 32 33 (d) Requesting credits. In order to earn Comp liance 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 t he 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; 

### 34 35 36 (4) the current, or current and baseline, baseline emissions of nitrogen oxides of the combustion source or sources involved in this reduction in terms of tons of nitrogen oxides per season;

1(5) the amount of reduction of emissions of nitrogen oxides achieved by this action 

### 1 in f tons of nitrogen oxides per season per combustion source involved; 

### 2 3 4 5 6 7 8 9 10 11 12 (6) the total reduction of nitrogen oxides ac hieved 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 Dire ctor shall approve credits if he finds that: 

### 13 (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 

### 14 15 Program and any other requirement of the federal Clean Air Act; Program, 

### 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (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 r equest, he shall explain in writing to the owner or operator of the source the reasons for disapproval. (f) Compliance supplement pool. The Director sha ll 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 contai ns the information in Paragraph (d) of this Rule for the previous ozone season. (h) Recording credits. Based on the interim re ports 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 sha ll 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 fi nal earned credits in the Division’s database. .

2(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 Comp liance 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 Dire ctor 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 

### 1 2 3 4 5 6 7 30, 1, 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 exce ss emissions to achieve compliance with the requirements of Rule .1416 or .1417 of this Sect ion. All credits shall expire and will no longer be available for use after 

### 8 9 10 11 November 30, 2005. April 30, 2006. 

### 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (j) Reporting. The Director shall report: (1) to the EPA, Carolina Power & Li ght Co. and Duke Power Co. by (A) March 1, 2003 the Compliance S upplement 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 allocati ons 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 t he use of Compliance Supplement Pool Credits in 2003, the company shall identify the sources whose allocations are to be reduced to offset the Compliance Supplement Pool Credits requested for 2003 and the year (2004 or 2005) in which the allocation is reduced. The Director shall approve no more than 4,295 tons for Carolina Power & Light Co. and no more than 6,442 tons for Duke Power Co. The Director shall approve no more than 5,771 tons being offset by reductions in allocations in 2004 and no more than 4,966 tons being offset by reductions in allocations in 2005.

3

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (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 t he 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 great er 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 subtractin g 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 fr om 6,442 tons the Compliance Supplement Pool Credits received by Duke Power Co. The allocations of Duke Power Co.’s sources shall be reduced using the procedure in Subparagraph (4) of this Paragraph. (4) When the allocations in Rule .1416 of this Section for Carolina Power & Light Co.’s sources or for Duke Power Co.’s sources are required to be reduced, the following procedure shall be used: (A) If the reduction required is less than or equal to 4,966 tons, then following procedure shall be used:

4

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (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 Subp aragraph (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 sour ce listed in Rule .1416 of this Section for 2004 for Carolina Power & Light Co. or Duke Power Co. is multiplied by the value computed under Sub-Subpart (I) of this Subpart and divided by the value computed Sub-Subpart (II) of this Subpart. The result is the revised allocation for that source (m) If allocations are reduced in 2004 or 2005 for Carolina Power & Light Co. or Duke Power Co. under Paragraph (k) or (l) of this Rule, the company whose allocations are reduced shall reduce its allocations by returning allowances throug h 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);

56 

### 1 Temporary Adoption Eff. August 1, 2001; Eff. July 15, 2002. 2002; 

### 2 Amended Eff. May 1, 2004. 

### 315A NCAC 2D .1901 has been amended as published in 18:08 NCR 585 as follows: 

### 1 15A NCAC 2D .1901 PURPOSE, SCOPE, AND PERMISSIBLE IMPERMISSIBLE OPEN BURNING 

### 2 3 4 (a) Purpose. The purpose of this Section is to control air pollution resulting from the open burning of combustible materials. materials and to protect the air quality in the immediate area of the open 

### 5 burning. 

### 6 7 8 9 10 11 12 13 14 (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 Impermissible Open Burning. A person shall not cause, allow, or permit open burning of combustible material except as allowed by Rule .1903 

### 15 and Rule .1904 of this Section

. or as covered 

### 16 by a permit is used under Rule .1904 of this Section. 

### 17 18 19 20 History Note: Authority G.S. 143- 215.3(a)(1); 143 -215.107(a)(5); Eff. July 1, 1996; Amended Eff. May 1, 2004. 

### 21

### 1 2 3 4 5 15A NCAC 2D .1902 has been amended as published in 18:08 NCR 585-586 as follows: 15A NCAC 2D .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 recirc ulating motion of air under the curtain. 

### 6 7 8 9 10 11 (2) "Dangerous materials" means explosives or containers used in the holding or transporting of explosives. (3) HHCB means the Health Hazards Control Branch of the Division of Epidemiology. 

### 12 (4) "Initiated" means start or ignite a fire or reignite or rekindle a fire. (4) (5) "Land clearing" means the uprooting or clearing of vegetation in connection with construction for buildings; right-of-way; agricultural, residential, commercial, 

### 13 14 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. 

### 15 16 17 18 (5) (6) "Log" means any limb or trunk whose diameter exceeds six inches. 

### 19 (7) “Nonattainment area” means an area identified in 40 CFR 81.334 as 

### 20 nonattainment. 

### 21 22 23 (6) (8) "Nuisance" means causing physical i rritation exacerbating a documented medical condition, visibility impairment, or evidence of soot or ash on pr operty or structure other than the property on which the burning is done. 

### 24 25 (9) “Occupied structure” means a building in which people may live or work or one intended for housing farm or other domestic animals. 

### 26 (7) (10) “ Off-site” means any area not on the premis es of the land-clearing activities. 

### 27 28 29 30 (8) (11) "Open burning" means the burning of any matter in such a manner that the products of combustion resulting from t he burning are emitted directly into the atmosphere without passing through a stac k, chimney, or a permitted air pollution control device. 

### 31 (12) “Operator” as used in 2D .1904(b)(6) and .1904(b)(2)(D) of this Section, means 

### 32 the person in operational c ontrol over the open burning. 

### 33 (13) “Ozone forecast area means for 

### 34 (a) Asheville ozone fore cast area: Buncombe, Haywood, Henderson, 

### 35 Jackson, Madison, Swain, Tran sylvania, and Yancey Counties; 

### 36 (b) Charlotte ozone forecast area: Cabarrus, Gaston, Iredell South of 

### 37 Interstate 40, Lincoln, Mecklenburg, Rowan, Union, and York Counties;

12 (c) Hickory ozone forecast area: Alexander, Burke, Caldwell, and Catawba 

### 1 Counties; 

### 2 (d) Fayetteville ozone forecast area: Cumberland and Harnett Counties; 

### 3 (e) Triad ozone forecast area: Alamance, Caswell, Davidson, Davie, 

### 4 Forsyth, Guilford, Randolph, Rockingham, and Stokes Counties; and 

### 5 (f) Triangle ozone forecast area: Chatham, Durham, Franklin, Johnston, 

### 6 Orange, and Wake Counties. 

### 7 (9) (14) "Person" as used in 2D .1901(c), means: 

### 8 9 10 11 12 (a) the person in operational control over the open burning, or (b) the landowner or person in possession or control of the land when he has directly or indirectly allowed the open burning or has benefited from it. (10) (15) "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. 

### 13 14 15 (11) (16) "Public road" means any road that is par t of the State highway system; or any road, street, or right-of-way dedicated or maintained for public use. 

### 16 17 (12) (17) "RACM" means regulated asbestos containing material as defined in 40 CFR 61.142. 

### 18 19 (13) (18) "Refuse" means any garbage, rubbish, or trade waste. 

### 20 (14) (19) "Regional Office Supervisor" means the s upervisor of personnel of the Division of Air Quality in a regional office of the Department of Environment and Natural Resources. 

### 21 22 23 (15) (20) "Salvageable items" means any product or material that was first discarded or damaged and then all, or part, was saved for future use, and include insulated wire, electric motors, and electric transformers. 

### 24 25 26 (16) (21) "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. 

### 27 28 29 30 31 32 History Note: Authority G.S. 143-215.3(a)(1); 143-212; 143-213; Eff. July 1,1996; Amended Eff. May 1, 2004; July 1, 1998. 

### 33 34

### 1 2 15A NCAC 2D .1903 has been adopted with changes as published in 18:08 NCR 586-588 as follows: 

### 3 4 5 15A NCAC 2D .1903 PERMISSIBLE OPEN BURNING WITHOUT A 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)(7), or (b)(9) 

### 6 7 of this Rule, open burning shall not be initiated in an ozone forecast area that the Department, or 

### 8 the Forsyth County Environmental Affairs Depart ment for the Triad ozone forecast area, has 

### 9 forecasted to be in an Ozone Action Day Code “Orange” as defined in 40 CFR Part 58, Appendix 

### 10 G status or above during the time period covered by that forecast. 

### 11 12 13 14 15 16 (b) The following types of open burning are permissible without an air quality permit: a permit: (1) open burning of leaves, tree branches or yard trimmings, excluding logs and stumps, if the following conditions are met: (A) The material burned originates on the premises of private residences and is burned on those premises; (B) There are no public pickup services available; 

### 17 (C) Non-vegetative materials, such as household garbage garbage, lumber, 

### 18 or any or other synthetic man - made materials are not burned; 

### 19 20 21 22 23 24 25 26 (D) The burning is initiated started 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: 

### 27 (A) Prevailing winds The wind direction at the time of that the burning is 

### 28 initiated and the wind direction as fore casted by the National Weather Service during the time of the burning are away from any area, including public road within 250 feet of the burning as measured from the edge of 

### 29 30 the pavement or other roadway surf ace, which may be significantly affected by smoke, ash, or other air pollutants from the burning; 

### 31 32 33 34 35 (B) The location of the burning is at least 1,000 feet from any dwelling, group of dwellings, or commercial or inst itutional establishment, or other occupied structure not located on the property on which the burning is conducted. The regional office supervisor may shall grant exceptions to the setback requirements if: 

### 36 37

1(i) a signed, written statement waiving objections to the open burning associated with the l and clearing operation is obtained 

### 1 2 and submitted to and the exception granted by the regional 

### 3 4 office supervisor before the burning begins from all residents or

owners a resident or an owner of each dwellings dwelling, commercial or institutional establishments 

### 5 establishment, or other occupied structures 

### 6 structure within 1,000 feet of the open 

### 7 burning site. site , In the case of a lease or rental agreement, 

### 8 9 the lessee or renter shall be the person from whom 

### 10 11 12 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; (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 

### 13 14 15 shall not be burned; burned. However, however, kerosene, distillate oil, or diesel fuel may be used to start the fire; 

### 16 17 18 19 (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, except that, under favorable 

### 20 meteorological conditions that are conducive to the rise and dispersion of 

### 21 smoke, conditions, deviation from these hours of burning shall may be granted by the regional office supervisor. The 

### 22 land owner or operator of the open burning operation shall be responsible for obtaining written approval for burning during periods ot her than those specified in this Part; and 

### 23 24 25 26 (E) No fires are started initiated or vegetation added to existing fires when the Division of Forest Resour ces has banned burning for that area. 

### 27 28 area; and 

### 29 30 (F) Materials are not carried off-site or transported over public roads for 

### 31 open burning unless the materials are carried off-site or transported over 

### 32 public roads to facilities permitted according to Rule .1904 of this Section 

### 33 for the operation of an air curtain burner at a permanent site; 

### 34 Debris from land clearing or right

- of

- way maintenance may be carried off

- site for 

### 35 open burning to facilities permitted in accordance with Rule .1904 of this Section 

### 36 for the operation of an air curtain burner. However, no material may be taken off

2

### 1 site for open burning in areas where a permitted air curtain burner is not 

### 2 3 4 5 6 available; (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 lands forest land for forest management practices 

### 7 acceptable to for which burning is acceptable to the Division of Forest Resources; 

### 8 9 10 (5) fires purposely set to agricultural lands for disease and pest control and fires set for other agricultural or apicultural practices acceptable to for which burning is 

### 11 12 currently acceptable to the Department of Agriculture; 

### 13 (6) fires purposely set for wildlife management practices acceptable to for which 

### 14 15 16 17 18 burning is currently acceptable to the Wildlife Management Resource Commission; (7) fires for the disposal of dangerous ma terials when it is the safest and most practical method of disposal; (8) fires for the disposal of material generated as a result of a natural disaster, such as tornado, hurricane, or flood, flood if the regional office supervisor grants permission for the burning. The person desiring to do the burning shall document 

### 19 20 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 superviso r shall consider in granting permission for the burning include type, amount, 

### 21 22 23 location of the burning, and nature of combustible substances. The regional office supervisor shall not grant permission for the burning if the primary pur pose of the fire is to dispose of synthetic materials or refuse or reco very of salvageable materials. Fires authorized under this Subparagraph shall comply with the conditions of Subparagraph (b)(2) of this Rule. 

### 24 25 26 27 28 29 30 31 (9) 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 valid standard qualification program; 

### 32 33 34 35 36 37 (10) fires purposely set for the instructi on and training of fire-fighting personnel, including fires at permanent fire-fighti ng training facilities, or when conducted under the supervision of or with the cooper ation of one or more of the following agencies:

3

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (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; and (11) fires not described in Subparagraph (10) of this Paragraph, purposely set for the instruction and training of fire-f ighting 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 r egional office at the address in Rule .1905 of this Section and requesting it, and (B) The regional office supervisor ha s 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 salvageabl e 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 val ue. 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, in cluding additions, postponements, and deletions, submitted in the schedul e 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. (c) The authority to conduct open burning under this Section does not exempt or excuse any person from the consequences, dam ages or injuries that which 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 havi ng jurisdiction even though the open burning is conducted in compliance with this Section. 

### 32 33 34 35 36 37 History Note: Authority G.S. 143- 215.3(a)(1); 143 -215.107(a)(5);

45 

### 1 Eff. July 1,1996; Amended Eff. May 1, 2004; July 1, 1998. 

### 2 3

### 1 2 3 15A NCAC 2D .1904 has been amended with changes as published in 18:08 NCR 588-590 as follows: 15A NCAC 2D .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 

### 4

. Air 

### 5 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 

### 6 months if they are not subject to 40 CFR 

### 7 8 60.2245 through 60.2265. months. However, air permits shall be required for air curtain 

### 9 burners located at permanent sites or where materials are transported in from another site

. The 

### 10 operation of air curtain burners in particulate and ozone nonattainment areas shall cease in any 

### 11 area that has been forecasted by the Department, or the Forsyth County Environmental Affairs 

### 12 Department for the Triad ozone forecast area, to be in an Ozone Action Day Code “Orange” as 

### 13 defined in 40 CFR Part 58, Appendix G status or above during the time period covered by that 

### 14 15 forecast. (b) Air curtain burners described in Paragraph (a ) of this Rule shall comply with the following conditions and stipulations: at the time of burning

⋅ 

### 16 17 (1) Preva iling winds The wind direction at the time of that the burning is initiated and 

### 18 the wind direction as forecasted by the Na tional Weather Service during the time of the burning shall be away from any area, including public road within 250 feet of the burning as measured from the edge of the pavement or other roadway 

### 19 20 surface, which may be significantly affected by smoke, ash, or other air pollutants from the burning; 

### 21 22 23 24 25 26 27 28 29 30 31 32 33 34 (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 produc ts, plastics, general trash, garbage, or any materials containing painted or treated wood materials shall not be burned. Leaves still on trees or brush may be burned; (3) No fires shall be started or material added to existing fires when the Division of Forest Resources has banned burning for that area; (4) Burning shall be conducted only betwe en 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 ma ximum 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. If the air curtain burner will: 

### 35 36 (A) burn 35 tons of material per day or more in an area were the particulate 

### 37 baseline date for the PSD has been triggered, or

1

### 1 (B) burn 210 tons of material per day or more in a n area where the 

### 2 particulate baseline date for PSD has not been triggered, the 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 

### 3 4 Subchapter. Chapter. This Subparagraph shall not apply to temporary air curtain burners; 

### 5 6 (6) Operators of the An air curtain burner with an air quality permit shall have be 

### 7 certified onsite at all times during operation of the burner a visible emissions 

### 8 reader certified according to 40 CFR Part 60, Method 9 to read visible emissions 

### 9 emissions, and the facility shall test be tested for visible emissions within 90 five days after initial operation and within 90 days before permit expiration; 

### 10 11 (7) Air curtain burners shall meet manufacturer’s manufacturers specifications for operation and upkeep to ensure complete burning of material charged into the pit. 

### 12 13 Manufacturer’s Manufacturers specifications shall be kept on site and be available for inspection by Division staff; 

### 14 15 (8) Except during start-up, visible emissions shall not exceed five ten percent opacity when averaged over a six-minute period except that one six-minute period with an average opacity of more than five 

### 16 17

ten percent but no more than 35 percent shall be allowed for any one-hour period. During start-up, the visible emissions shall not exceed 35 percent opacity when averaged over a six-minute period. Start-up shall not last for more than 30 

### 18 19 20 45 minutes, and there shall be no more 

### 21 than one start-up per day. day; Air curtain burners subject to 40 CFR 60.2245 

### 22 23 through 60.2265 shall comply with the opacity standards in 40 CFR 60.2250 

### 24 25 26 27 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; 

### 28 29 30 31 32 33 (10) The owner or operator of an air curtain burner shall not load material into the air curtain burner such that it will protrude above the air curtain; (11) Only distillate oil, kerosene, diesel fuel, natural gas, or liquefied petroleum gas may be used to start the fire; and (12) The location of the burning at a temporary site shall be at least 500 feet from any dwelling, group of dwellings, or commercia l or institutional establishment, or other occupied structure not located on the property on which the burning is 

### 34 35 36 conducted. The regional office supervisor shall grant exceptions to the setback 

### 37

23 requirements if a signed, written statemen t waiving objections to the air curtain 

### 1 burning is obtained from a resident or an owner of each dwelling, commercial or 

### 2 institutional establishment, or other oc cupied structure within 500 feet of the 

### 3 burning site. In case of a lease or rental agreement, the lessee or renter, and the 

### 4 property owner shall sign the statement waiving objections to the burning. The 

### 5 statement shall be submitted to and approv ed by the regional office supervisor 

### 6 before initiation of the burn. 

### 7 8 9 10 11 Compliance with this Rule does not relieve any owner or operator of an ai r 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 ope rator 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 

### 12 site for a minimum of two years and shall be available at all times for inspection by the Division of 

### 13 Air Quality. The owner or operator of an air curtain bur ner at a temporary site shall keep a log of total number of tons burned per temporary site. 

### 14 The owner or operator of air curtain burner 

### 15 subject to 40 CFR 60.2245 through 60.2265 shall comply with the monitoring, recordkeeping, 

### 16 and reporting requirements in 40 CFR 60.2245 through 60.2265. 

### 17 (d) Title V Considerations. Burner s that have the potential to burn 15,000 8,100 tons of material or more per year may be subject to Secti on 15A NCAC 2Q .0500, Title V Procedures. 

### 18 19 (e) Prevention of Significant Deteriorat ion Consideration. Burners that burn 38,000 16,200 tons per year or more may be subject to 15A NCAC 2D .0530, Prevention of Significant Deterioration. 

### 20 21 (f) A person may use a burner using a different technology or method of operation than an air 

### 22 curtain burner as defined under Rule .1902 of this Section if he demonstrates to the Director that 

### 23 the burner is at least as effective as an air curtai n burner in reducing emis sions and if the Director 

### 24 approves the use of the burner. The Director shall approve the burner if he finds that it is at least 

### 25 as effective as an air curtain burner. This burner shall comply with all the requirements of this 

### 26 Rule. 

### 27 (g) In addition to complying with the requirem ents of this rule, an air curtain burner that 

### 28 commenced construction after November 30, 1999, or that commenced reconstruction or 

### 29 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. 

### 30 31 32 33 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; 

### 34 Eff. July 1, 1996. 1996; 

### 35 Amended Eff. August 1, 2004

. 

### 3615A NCAC 2D .1906 has been amended as published in 18:08 NCR 590 as follows: 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 15A NCAC 2D .1906 DELEGA TION TO COUNTY GOVERNMENTS (a) The governing body of any county or munici pality 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 organizati on, staff, financial and other re sources necessary to carry out such a program; (2) It has adopted appropriate ordinances, resolutions, and regulations to establish and maintain such a program; and (3) It has otherwise complied with G.S. 143-215.112 "Local Air Pollution Control Programs." (b) The governing body shall submit to the Di rector documentation demonstrating that the requirements of Paragraph (a) of this Rule hav e been met. Within 90 days after receiving the submittal from the governing body, the Director sh all review the documentation to determine if the requirements of Paragraph (a) of this Rule hav e 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 implem ent and enforce this Section within its area of jurisdiction. (c) County and municipal governments shall not have the authorit y to issue permits for air curtain burners at a permanent site as defined in 15A NCAC 2D .1904. 

### 19 20 21 22 23 24 25 26 (d) The three certified local air pollution pr ograms, the Western North Carolina Regional Air Pollution Control Agency, the Forsyth County Environmental Affairs Department, and the Mecklenburg County Department of Environmental Affairs, 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. 1996; 

### 27 Amended Eff. May 1, 2004. 

### 28 2915A NCAC 2Q .0806 has been amended as published in 18:08 NCR 603 as follows: 

### 1 2 15A NCAC 2Q .0806 COTTON GINS (a) This Rule applies to cotton gins that only gin cotton between September and January, 

### 3 inclusively. The Director may extend this time period beyo nd the end of January if the 

### 4 Commissioner of Agriculture certifies to the Di rector that the cotton ginning season has been 

### 5 delayed because of adverse weather. 

### 6 (b) (a) Potential emissions for cotton gins shall be de termined using actual number of bales of cotton, not exceeding 500 pounds each, produced. 

### 7 8 (c) (b) Any cotton gin that gins less than 167,000 bales of cotton per year shall be exempted from the requirements of Sectio n .0500 of this Subchapter. 

### 9 10 (d) (c) The owner or operator of any cotton gin exem pted by this Rule from Section .0500 of this Subchapter shall submit to the regional supervis or of the appropriate Division regional office by March 1 of each year, a report containing the following information: 

### 11 12 13 14 (1) the name and location of the cotton gin; (2) the number of bales of cotton produced during the previous year; that season; and 

### 15 16 17 18 (3) the signature of the appropriate official as identified in Rule .0304(j) of this Subchapter certifying as to the tr uth and accuracy of the report. (e) (d) The owner or operator of any cotton gin exem pted by this Rule from Section .0500 of this Subchapter shall provide documentation of num ber of bales produced to the Director upon request. The owner or operator of a cotton gin ex empted by this Rule from Section .0500 of this Subchapter shall retain records to document numbe r of bales of cotton produced for each of the previous three years. 

### 19 20 21 22 23 (f) (g) I f the number of bales specified in Paragraph (b) of this Rule are exceeded, For facilities 

### 24 covered by this Rule, the owner or operator shall report to the Director this event any exceedance 

### 25 of a requirement of this Rule within one week of its occurrence. 

### 26 27 28 29 History Note: Authority G.S. 143-21 5.3(a); 143-215.107(a)(10); 143-215.108; Eff. August 1,1995; Amended Eff. May 1, 2004; April 1, 2001; July 1, 1998. 

### 30 3115A NCAC 2Q .0809 has been adopted with changes as published in 18:08 NCR 603-604 as follows: 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15A NCAC 2Q .0809 CONCRETE BATCH PLANTS (a) This Rule applies to concrete batch plants t hat use fabric filters or equivalently effective control devices to control particulate emissions fr om the storage silos and the weigh hopper that receives materials from the cement and cement supplemental (mineral admixture) silos. (b) For the purpose of this Rule, potential emis sions shall be determined using actual cubic yards of wet concrete produced. (c) Any concrete batch plant that produces less than 1,210,000 cubic yards of wet concrete per year shall be exempted from the requirement s of Section .0500 of this Subchapter. (d) The owner or operator of any concrete batch plant exempted by this Rule from Section .0500 of this Subchapter shall submit to the regional supervisors of the appropriate Division regional office by March 1 of each year a report containing the following information: (1) name and location of the concrete batch plant; (2) current air permit number; (3) number of cubic yards of wet concrete produced during the previous calendar year; and 

### 16 17 18 19 20 (4) signature of the appropriate official as identified in Rule .0304(j) of this Subchapter certifying as to the tr uth and accuracy of the report. (e) The owner or operator of any concrete batch plant exempted by this Rule from Section .0500 of this Subchapter shall provide documentation of the cubic yards of wet concrete produced to the Director upon request. The owner or operator of a concrete batch plant exempted by this Rule 

### 21 22 from Section .0500 of this Subchapter shall reta in records to document the cubic yards of wet concrete produced per year for the previous three years. 

### 23 24 25 26 27 28 29 (f) For concrete batch plants covered by this Rule, the owner or operator shall report to the Director any exceedance of a requirement of th is Rule within one week of its occurrence.

History Note: Authority G.S. 143-21 5.3(a); 143-215.107(a)(10); 143-215.108; Eff. May 1, 2004.