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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 the 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 Director of the Division of Air Quality 

according to these rules. 

(5) "Capture system" means the equipment (including hoods, ducts, fans, etc.) used 

to contain, capture, or transport a pollutant to a control device. 

(6) "CFR" means "Code of Federal Regulations." 

 (7) "Combustible material" means any substance 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) before 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. 

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 (16) "FR" means Federal Register. 

(17) "Fugitive emission" means those emissions 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, heating 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 subject 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 company, trust, estate, political subdivision, 

or any other legal entity, or its legal representative, agent or assigns. 

(28) "PM10" means particulate matter with an aerodynamic diameter less than or 

equal to a nominal 10 micrometers as measured 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 methods specified in this Subchapter. 

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(30) PM2.5” means particulate matter with an aerodynamic diameter less than or 

equal to a nominal 2.5 micrometers as measured 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 vehicles, shipping containers, or drums. 

(35) "Smoke" means small gas-borne particles 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 tank-truck, trailer, or railroad tank car; 

from which air pollutants emanate or are emitted, either directly or indirectly. 

(37) "Sulfur oxides" means sulfur dioxide, sulfur trioxide, their acids and the salts of 

their acids. The concentration of sulfur 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 industry 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.
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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 

5 fuel burning operations and industrial processes where an emission can be reasonably be

6 expected to occur, except during startup, shutdowns, and malfunctions approved as such

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

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(b) Scope. This Rule shall apply to all fuel burning 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.) 

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(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 period. 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 period. 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 comply with Paragraph (c) of this Rule if: 

(1) The owner or operator of the source demonstrates compliance with applicable 

particulate mass emissions standards; and 

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emissions up to those allowed by Paragraph (c) of this Rule will shall not violate 

any national ambient air quality standard. 

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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 application. Source testing shall be by the appropriate 

procedure as designated by rules in this Subchapter. 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. This evidence shall include, as a minimum, an 

inventory of past and projected emissions from the facility. 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 standards, 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 Subchapter 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.

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15A NCAC 2D .0902 has been amended with changes as published in 18:08 NCR 555-557 as 

follows: 

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3 15A NCAC 2D .0902 APPLICABILITY

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

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

6 to:

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

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

9 of cutback asphalt and to gasoline service stations or gasoline dispensing 

10 facilities regardless of levels of emissions of volatile organic compounds;

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

12 compounds per calendar month and that are: 

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

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

15 wastewater analyses, or non-production environmental compliance 

16 assessments;

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

18 instruction from not-for-profit, non-production educational laboratorie

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

20 instruction from hospitals or health laboratories pursuant to the 

21 determination or diagnoses of illness; or

22 (D) research and development laboratory activities provided the activity 

23 produces no commercial product or feedstock material; or

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

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

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

27 explosive mixture during the startup or shutdown operation if the exemption is 

28 approved by the Director as meeting the requirements of this Subparagraph.

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

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

gasoline bulk plants and gasoline bulk terminals; 

(2) .0926, Bulk Gasoline Plants; 

 (3) .0927, Bulk Gasoline Terminals; 

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

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

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

floating roof tanks at bulk gasoline plants and bulk gasoline terminal; 
1 (7) .0948, VOC Emissions from Transfer Operations; 

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

(9) .0958, Work Practices for Sources 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. 

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

Rules: 

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11 (1) .0917 through .0938 .0937 of this Section, or 

12 (2) .0943 through .0946 .0945 of this Section, 

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

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

15 to: 

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

17 accordance with Paragraph (e) of this Rule;

18 (2) Greensboro/Winston-Salem/High Point, consisting of Davidson, Forsyth, and 

19 Guilford Counties and that part of Davie County bounded by the Yadkin River, 

20 Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to 

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

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

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

(e)(f) If a violation of the ambient air quality standard for ozone is measured in accordance with 

40 CFR 50.9 in Cabarrus, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, or Union County, North 

Carolina or York County, South Carolina, the Director shall initiate analysis to determine the 

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

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

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

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

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

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

implemented and shall identify whether the rules implemented are to apply in Gaston or 

Mecklenburg County or in both counties. At least one week before the scheduled publication date 

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

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

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

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

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

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

Compliance shall be in accordance with Rule .0909 of this Section. 

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

40 CFR 50.9 in Davidson, Forsyth, or Guilford County or that part of Davie County bounded by 

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

Yadkin River, the Director shall initiate analysis to determine the control measures needed to 

attain and maintain the ambient air quality standard for ozone. By the following May 1, the 

Director shall implement the specific stationary source control measures contained in this Section 

that are required as part of the control strategy necessary to bring the area into compliance and 

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

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

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

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

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

Highway 801, Fulton Creek and back to Yadkin River or any combination thereof. At least one 

week before the scheduled publication date of the North Carolina Register containing the 

Director's notice implementing rules in this Section, the Director shall send written notification to 

all permitted facilities within the county in which the rules are being implemented informing them 

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

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

the Forsyth County local air pollution control program.) Compliance shall be in accordance with 

Rule .0909 of this Section. 

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

40 CFR 50.9 in Durham or Wake County or Dutchville Township in Granville County, the Director 

shall initiate analysis to determine the control measures needed to attain and maintain the 

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

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

the control strategy necessary to bring the area into compliance and to maintain compliance with 

the ambient air quality standard for ozone. The Director shall implement the rules in this Section 

identified as being necessary by the analysis by notice in the North Carolina Register. The notice 

shall identify the rules that are to be implemented and shall identify whether the rules 

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

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

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

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

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

Section. Compliance shall be in accordance with Rule .0909 of this Section. 

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3 (h) This Section does not apply to:

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

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

6 of cutback asphalt and to gasoline service stations or gasoline dispensing 

7 facilities regardless of levels of emissions of volatile organic compounds;

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9 (2) sources used exclusively for chemical or physical analysis or determination of 

10 product quality and commercial acceptance provided:

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

12 process;

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

14 month; and

15 (C) The exemption is approved in writing by the Director as meeting the 

16 requirements of this Subparagraph; or

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

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

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

20 explosive mixture during the startup or shutdown operation if the exemption is 

21 approved by the Director as meeting the requirements of this Subparagraph.

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

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

.1110, or .1111 of this Subchapter. 

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

 Eff. July 1, 1979; 

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

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

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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 facilities to pipelines or any other forms of transportation. 

(4) "External floating roof" means a storage vessel cover in an open top tank 

consisting of a double deck or pontoon single deck which rests upon and is 

supported by the petroleum liquid being contained and is equipped with a closure 

seal or seals to close the space between the roof edge and tank shell. 

(5) "Internal floating roof" means a cover or roof in a fixed roof tank which rests upon 

or is floated upon the petroleum liquid being contained, and is equipped with a 

closure seal or seals to close the space between the roof edge and tank shell. 

(6) "Liquid-mounted seal" means a primary seal mounted so the bottom of the seal 

covers the liquid surface between the tank shell and the floating roof. 

(7) "Vapor-mounted seal" means a primary seal mounted so there is an annular 

vapor space underneath the seal. The annular vapor space is bounded by the 

bottom of the primary seal, the tank shell, the liquid surface, and the floating roof. 

(8) "Petroleum liquids" means crude oil, condensate, and any finished 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: 
1 (A) The tanks are of welded construction; and 

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(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: 

8 (1) The tank has: has been retrofitted with: 

9 (A) a continuous secondary seal extending from the floating roof to the tank 

10 wall (a rim-mounted secondary), or 

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

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

(B)(C) a closure or other control device demonstrated to have an efficiency 

equal to or greater than that required under Part (A) or 

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(B) of this 

Subparagraph. 

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This Subparagraph shall not apply to tanks that are of welded construction with

external floating roofs, are equipped with a metallic

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(2) The seal closure devices meet the following requirements: 

(A) There shall be no visible holes, tears, or other openings in the seal or 

seal fabric; 

(B) The seal shall be intact and uniformly in place around the circumference 

of the floating roof between the floating roof and the tank wall; and 

(C) For vapor mounted primary seals, the gap-area of gaps exceeding 0.125 

inch in width between the secondary seal and the tank wall shall not 

exceed 1.0 square inch per foot of tank diameter; 

(3) All openings in the external floating roof, except for automatic bleeder vents, rim 

space vents, and leg sleeves, are: 

(A) provided with a projection below the liquid surface; and 

(B) equipped with covers, seals, or lids that remain in a closed position at all 

times except when in actual use; 

(4) Automatic bleeder vents are closed at all times except when the roof is floated off 

or landed on the roof leg supports; 

(5) Rim vents are set to open only when the roof is being floated off the roof leg 

supports or at the manufacturer's recommended setting; 
(6) Any emergency roof drains are provided with slotted membrane fabric covers or 

equivalent covers that cover at least 90 percent of the area at the opening; 

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(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 quantities and types of volatile petroleum 

liquids for each storage vessel. 

(e) The secondary seal gap area is determined by measuring the length and width of the gaps 

around the entire circumference of the secondary seal. Only gaps equal to or greater than 0.125 

inch are used in computing the gap area. The area of the gaps are accumulated to determine 

compliance with Part (d)(2)(C) of this Rule. 

(f) Notwithstanding the definition of volatile organic compound found in Rule .0901(28) of this 

Section, the owner or operator of a petroleum liquid storage vessel with an external floating roof 

not equipped with a secondary seal or approved alternative, that contains a petroleum liquid with 

a true vapor pressure greater than 1.0 pound per square inch shall maintain records of the 

average monthly storage temperature, the type of liquid, throughput quantities, and the maximum 

true vapor pressure for all petroleum liquids with a true vapor pressure greater than 1.0 pound per 

square inch. 

 

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

 Eff. July 1, 1980; 

Amended Eff. May 1, 2004; July 1, 1994; March 1, 1991; December 1, 1989; 

January 1, 1985

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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 Section .0600 of this Subchapter and shall maintain 

all records necessary for determining compliance with all applicable limitations and standards of 

this Section for five years. 

(b) Submittal of information to show compliance status. The owner or operator of any source 

9 shall maintain and, when requested by the Director, submit any information necessary required 

10 

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12 

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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 CFR Part 75, Subpart H or 40 CFR Part 

17 96 if:

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

19 except internal combustion engines, and or

20 (B) any source that opts into the nitrogen oxide budget trading program 

21 under Rule .1419 of this Section shall install, operate, and maintain a 

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 

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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 the continuous emission monitoring system 

according to 40 CFR Part 60, Appendix B, Specification 2, and Appendix F or 

Part 75, Subpart H. If diluent monitoring is required, 40 CFR Part 60, Appendix B, 

Specification 3, shall be used. If flow monitoring is required, 40 CFR Part 60, 

Appendix B, Specification 6, shall be used. 

(3) The owner or operator of the following sources shall not be required to use 

continuous emission monitors unless the Director determines that a continuous 

emission monitor is necessary under Rule .0611 of this Subchapter to show 

compliance with the rules of this Section: 

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(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 available at a time that the source is 

operated, the procedures in 40 CFR Part 75 shall be used to supply the missing 

data. 

(2) For continuous emissions monitors not covered under Subparagraph (1) of this 

Paragraph, data shall be available for at least 95 percent of the emission sources 

operating hours for the applicable averaging period, where four equally spaced 

readings constitute a valid hour. If data from continuous emission monitoring 

systems are not available for at least 95 percent of the time that the source is 

operated, the 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 control requirements of 40 CFR Part 60, 

Appendix F, if the monitor is required to be operated annually under another rule. 

If the continuous emissions monitor is being operated only to satisfy the 

requirements of this Section, then the quality assurance and quality control 

requirements of 40 CFR Part 60, Appendix F, shall apply except that: 

(A) A relative accuracy test audit shall be conducted after January 1 and 

before May 1 of each year; 

(B) One of the following shall be conducted at least once between May 1 

and September 30 of each year: 

(i) a linearity test, according to 40 CFR Part 75, Appendix A, 

Section 3.2, 6.2, and 7.1; 

(ii) a relative accuracy audit, according to 40 CFR Part 60, Appendix 

F, Section 5 and 6; or 

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(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 shall make this information publicly available. 

(h) Recordkeeping and reporting requirements for large sources. The owner or operator of a 

source covered under Rules .1416, .1417, or .1418 of this Section shall comply with the 

recordkeeping and reporting requirements of 40 CFR Part 96, Budget Trading Program for State 

Implementation Plans. 

(i) Averaging time for continuous emissions monitors. When compliance with a limitation 

established for a source subject to the requirements of this Section is determined using a 

continuous emissions monitoring system, a 24-hour block average as described under Rule .0606 

of this Subchapter shall be recorded for each day beginning May 1 through September 30 unless 

a specific rule requires a different averaging time or procedure. Sources covered under Rules 

.1416, .1417, or .1418 of this Section shall comply with the averaging time requirements of 40 

CFR Part 75. A 24-hour block average described in Rule .0606 of this Subchapter shall be used 

when a continuous emissions monitoring system is used to determine compliance with a shortterm pounds-per-million-Btu standard in Rule .1418 of this Section. 

(j) Heat input. Heat input shall be determined: 

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(1) for sources using required to use a monitoring system meeting the requirements 

of 40 CFR Part 75, using the procedures in 40 CFR Part 75; or 

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(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 limitation established for a source subject to the 

requirements of this Section is determined using source testing, the source testing shall follow 

the procedures of Rule .1415 of this Section. 

(l) Alternative monitoring and reporting procedures. The owner or operator of a source covered 

under this Rule 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. 

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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; 

8 Amended Eff. May 1, 2004; July 15, 2002. 

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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 NOx from the stationary internal combustion engine to 

exceed the following limitations: 

MAXIMUM ALLOWABLE NOX EMISSION RATES FOR 

STATIONARY INTERNAL COMBUSTION ENGINES 

(GRAMS PER HORSEPOWER HOUR) 

Engine Type Fuel Type Limitation 

Rich-burn Gaseous 2.5 

Lean-burn Gaseous 2.5 

Compression Ignition Liquid 8.0 

(b) Engines identified in the table in this Paragraph shall not exceed the emission limit in the 

table during the ozone season; for the 2002 and 2003 ozone season, there shall not be any 

restrictions on emissions of nitrogen oxides from these engines under this Rule. 

SUM OF MAXIMUM ALLOWABLE OZONE SEASON NOx EMISSIONS 

(tons per ozone season) 

FACILITY REGULATED SOURCES ALLOWABLE 

EMISSIONS 

2004 

ALLOWABLE 

EMISSIONS 

2005 

ALLOWABLE 

EMISSIONS 

2006 and 

later 

Transcontinental Gas 

Pipeline Station 150 

Mainline engines #12, 13, 

14, and 15 311 189 76

Transcontinental Gas 

Pipeline Station 155 

Mainline engines #2, 3, 4, 

5, and 6 509 314 127

Transcontinental Gas 

Pipeline Station 160 

Mainline engines #11, 12, 

13, 14, and 15 597 367 149

22 

23 

24 

Compliance shall be determined by summing the actual emissions from the engines listed in the 

table at each facility for the ozone season and comparing those sums to the limits in the table. 

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Compliance may be achieved through trading under Paragraph (g) of this Rule if the trades are 

approved before the ozone season. 

(c) If this Rule becomes applicable to a stationary internal combustion engine pursuant to Rule 

.1402(d), then, if after reasonable effort as defined in Rule .1401 of this Section, the emissions 

from that stationary internal combustion engine are greater than the applicable limitation in 

Paragraph (a) of this Rule, or if the requirements of this Rule are not RACT for the particular 

stationary internal combustion engine, the owner or operator may petition the Director for an 

alternative limitation or standard according to Rule .1412 of this Section. 

(d) For the engines identified in Paragraph (b) of this Rule and any engine involved in emissions 

trading with one or more of the engines identified in Paragraph (b) of this Rule, the owner or 

operator shall determine compliance using: 

(1) a continuous emissions monitoring system which meets the applicable 

requirements of Appendices B and F of 40 CFR part 60 and Rule .1404 of this 

Section; or 

(2) an alternate monitoring and recordkeeping procedure based on actual emissions 

testing and correlation with operating parameters. 

The installation, implementation, and use of this alternate procedure allowed under Subparagraph 

(d) (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. 

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(e) If a stationary internal combustion engine is permitted to operate more than 475 hours during 

the ozone season, compliance with the limitation established for a stationary internal combustion 

engine under Paragraph (a) of this Rule shall be determined using annual source testing 

according to Rule .1415 of this Section. If a source covered under this rule can burn more than 

one fuel, then the owner or operator of the source may choose not to burn one or more of these 

fuels during the ozone season. If the owner or operator chooses not to burn a particular fuel, the 

source testing required under this Rule shall not be required for that fuel. 

(f) If a stationary internal combustion engine is permitted to operate no more than 475 hours 

during the ozone season, the owner or operator of the stationary internal combustion engine shall 

show compliance with the limitation under Paragraph (a) of this Rule with source testing during 

the first ozone season of operation according to Rule .1415 of this Section. Each year after that, 

the owner or operator of the stationary internal combustion engine shall comply with the annual 

tune-up requirements of Rule .1414 of this Section. 

(g) The owner or operator of a source covered under Paragraph (b) of this Rule may offset part 

35 or all of the emissions of that source by reducing the emissions of another source stationary 

36 

37 

internal combustion engine at that facility by an amount equal to or greater than the emissions 

being offset. Only actual decreased emissions that have not previously been relied on to comply 

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with Subchapter 2D or 2Q of this Title or Title 40 of the Code of Federal Regulations can be used 

to offset the emissions of another source. The person requesting the offset shall submit the 

following information to the Director: 

(1) identification of the source, including permit number, providing the offset and 

what the new allowable emission rate for the source will be; 

(2) identification of the source, including permit number, receiving the offset and 

what the new allowable emission rate for the source will be; 

(3) the amount of allowable emissions in tons per ozone season being offset; 

(4) a description of the monitoring, recordkeeping, and reporting that shall be used to 

show compliance; and 

(5) documentation that the offset is an actual decrease in emissions that has not 

previously been relied on to comply with Subchapter 2D or 2Q of this Title or Title 

40 of the Code of Federal Regulations. 

The Director may approve the offset if he finds that all the information required by this Paragraph 

has been submitted and that the offset is an actual decrease in emissions that have not 

previously been relied on to comply with Subchapter 2D or 2Q of this Title or Title 40 of the Code 

of Federal Regulations. If the Director 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; 

24 Amended Eff. May 1, 2004; July 15, 2002.

25 
15A NCAC 2D .1416 has been adopted with changes as published in 18:08 NCR 570-574 as 

follows: 

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15A NCAC 2D .1416 EMISSION ALLOCATIONS FOR UTILITY COMPANIES

(a) After November 1, 2000 but before the EPA promulgation of revisions to 40 CFR Part 51, 

Subpart G, revising the nitrogen oxide budget for North Carolina, the following limits apply: 

(1) Carolina Power & Light. The total emissions from all the coal-fired boilers and 

combustion turbines that are not listed in Rule .1417 of this Section at Carolina 

Power & Light Company’s Asheville, Cape Fear, Lee, Mayo, Roxboro, Sutton, 

and Weatherspoon facilities shall not exceed: 

(A) 12,019 tons per ozone season for 2004; 

(B) 15,566 tons per ozone season for 2005; 

(C) 14,355 tons per ozone season for 2006 and each year thereafter until 

revised according to Rule .1420 of this Section; and 

Furthermore, except as allowed under Paragraph (d) of this Rule, individual 

sources at these facilities named in the table in this Subparagraph shall not 

exceed during the ozone season the nitrogen oxide emission allocations in the 

table. 

FACILITY SOURCE EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2006 

and later 

Asheville, 

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 2028 
FACILITY 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 

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(2) Duke Power. The total emissions from all the coal-fired boilers and combustion 

turbines that are not listed in Rule .1417 of this Section at Duke Power 

Company’s Allen, Belews Creek, Buck, Cliffside, Dan River, Marshall, and 

Riverbend facilities shall not exceed: 

(A) 17,816 tons per ozone season for 2004; 

(B) 23,072 tons per ozone season for 2005; 

(C) 21,278 tons per ozone season for .2006 and each year thereafter until 

revised according to Rule .1420 of this Section; and 

Furthermore, except as allowed under Paragraph (d) of this Rule, individual sources at these 

facilities named in the table in this Subparagraph shall not exceed during the ozone season the 

nitrogen oxide emission allocations in the table. 

FACILITY SOURCE EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

EMISSION 

ALLOCATIONS 

(tons/season) 

2005 

EMISSION 

ALLOCATIONS 

(tons/season) 

2006 and later 

G G Allen 

Gaston Co. 

1 350 453 418 

2 355 460 424 

3 590 764 705 

4 528 683 630 

5 678 748 690 
FACILITY 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 

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(b) After November 1, 2000, and after any EPA promulgation of revisions to 40 CFR Part 51, 

Subpart G, revising the nitrogen oxide budget for North Carolina, the following limits apply: 

(1) Carolina Power & Light. The total emissions from all the coal-fired boilers and 

combustion turbines that are not listed in Rule .1417 of this Section at Carolina 

Power & Light Company’s Asheville, Cape Fear, Lee, Mayo, Roxboro, Sutton, 

and Weatherspoon facilities shall not exceed: 

(A) 12,019 tons per ozone season in 2004; 
1 (B) 15,024 tons per ozone season for 2005; 

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3 

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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 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 

1 551 689 519 

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 

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(2) Duke Power. The total emissions from all the coal-fired boilers and combustion 

turbines that are not listed in Rule .1417 of this Section at Duke Power 

Company’s Allen, Belews Creek, Buck, Cliffside, Dan River, Marshall, and 

Riverbend facilities shall not exceed: 

(A) 17,816 tons per ozone season; 
1 (B) 22,270 tons per ozone season for 2005; 

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3 

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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 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 

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 1662 
FACILITY 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 

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(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. 

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(e) Monitoring. The owner or operator of a source subject to this Rule shall show compliance 

using a continuous emission monitor that meets the requirements of 40 CFR Part 75, Subpart H, 

with such exceptions as allowed under 40 CFR Part 75, Subpart H or 40 CFR Part 96. 

(f) Operation of control devices. All emission control devices and techniques installed to comply 

with this Rule shall be operated during the ozone season in the manner in which they are 

designed and permitted to be operated. 

(g) Days of violations. For the purposes of this Rule, the number of days of violation for a source 

shall be determined after the end of the ozone season as follows: 

14 (1) To the source’s allocation in this Rule, the allocations acquired before December 

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

transferred 

15 

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

subtracted. 

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(2) The value calculated under Subparagraph (1) of this Paragraph is compared to 

the actual emissions from the source for the ozone season. If the value 

calculated under Subparagraph (1) of this Paragraph is greater than or equal to 

the actual emissions from the source for the ozone season, the source is in 

compliance. If the value calculated under Subparagraph (1) of this Paragraph is 

less than the actual emissions from the source for the ozone season, the source 

is not in compliance. 

(3) If the source is not in compliance, beginning with September 30, the actual 

emissions for that day and each preceding day are subtracted from the actual 

emissions for the ozone season until the value calculated under Subparagraph 
(1) of this Paragraph is greater than or equal to the actual emissions. Each day 

that the source operated after this day to September 30 is a day of violation. 

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(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; 

15 Amended Eff. May 1, 2004; July 15, 2002.
1 15A NCAC 2D .1417 has been amended as published in 18:08 NCR 574-581 as follows: 

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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 permitted before November 1, 2000, and are not covered 

under Rule .1416 of this Section: 

(1) fossil fuel-fired stationary boilers, combustion turbines, or combined cycle 

systems serving a generator with a nameplate capacity greater than 25 

megawatts electrical and selling any amount of electricity; or 

(2) fossil fuel-fired stationary boilers, combustion turbines, or combined cycle 

systems having a maximum design heat input greater than 250 million Btu per 

hour that are not covered under Subparagraph (1) of this Paragraph. 

(b) Initial emission allocations. 

(1) After November 1, 2000 but before the EPA promulgation of revisions to 40 CFR 

Part 51, Subpart G, revising the nitrogen oxide budget for North Carolina, the 

emission allocations in the tables in this Subparagraph shall apply. Except as 

allowed under Paragraph (d) of this Rule, sources named in the tables in this 

Subparagraph shall not exceed during the ozone season the nitrogen oxide 

(NOx) emission allocations in the tables until revised according to Rule .1420 of 

this Section: 

ELECTRICAL GENERATING UNITS 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

 NOX EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2005 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2006 

and later 

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 
FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

 NOX EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2005 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2006 

and later 

Combustion 

Turbine 7 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 23 
FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

 NOX EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2005 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2006 

and later 

Combustion 

Turbine 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 23 
FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

 NOX EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2005 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2006 

and later 

Combustion 

Turbine 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 64 
FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

 NOX EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2005 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2006 

and later 

Boiler 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 42 
FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

 NOX EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2005 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2006 

and later 

Combustion 

Turbine 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 27 
FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

 NOX EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2005 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2006 

and later 

Combustion 

Turbine 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 

1 
1 NON-ELECTRICAL GENERATING UNITS 

FACILITY SOURCE 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

 2004 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

 2005 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2006 and later 

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 

 518 648 346 
FACILITY SOURCE 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

 2004 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

 2005 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2006 and later 

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 nitrogen oxide budget for North Carolina, the 

emission allocations in the tables in this Subparagraph shall apply. Except as 

allowed under Paragraph (d) of this Rule, sources named in the tables in this 

Subparagraph shall not exceed during the ozone season the nitrogen oxide 

(NOx) emission allocations in the tables until revised according to Rule .1420 of 

this Section: 
1 

2 

3 ELECTRIC GENERATING UNITS 

FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2004 

 NOX EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

 NOX 

EMISSIONS 

ALLOCATIONS

(tons/ozone 

season) 

 2006 and later 

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. 

Stoker 

boiler STLLE 

103 128 113 

Cogentrix- Coal boiler 114 142 125 
FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2004 

 NOX EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

 NOX 

EMISSIONS 

ALLOCATIONS

(tons/ozone 

season) 

 2006 and later 

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 26 
FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2004 

 NOX EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

 NOX 

EMISSIONS 

ALLOCATIONS

(tons/ozone 

season) 

 2006 and later 

Combustion 

Turbine 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 

92 115 115 
FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2004 

 NOX EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

 NOX 

EMISSIONS 

ALLOCATIONS

(tons/ozone 

season) 

 2006 and later 

Combustion 

Turbine 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 27 
FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 2004 

 NOX EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2005 

 NOX 

EMISSIONS 

ALLOCATIONS

(tons/ozone 

season) 

 2006 and later 

Combustion 

Turbine 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 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

 2005 

NOX 

EMISSION 

ALLOCATIONS 

(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

212 265 141 
FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

 2005 

NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

 2006 and later 

Pulverized 

coal dry 

bottom boiler 

– 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 174 217 116 
FACILITY SOURCE 

NOX

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

2004 

 NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

 2005 

NOX 

EMISSION 

ALLOCATIONS 

(tons/ozone 

season) 

 2006 and later 

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 that meets the requirements of Rule .1404(d) of this Section. 

(f) Operation of control devices. All emission control devices and techniques installed to comply 

with this Rule shall be operated beginning May 1 through September 30 in the manner in which 

they are designed and permitted to be operated. 

(g) Days of violations. For the purposes of this Rule, the number of days of violation for a source 

shall be determined after the end of the ozone season as follows: 

16 (1) To the source’s allocation in this Rule, the allocations acquired before December 

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

transferred 

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 for the ozone season, the source is in 

compliance. If the value calculated under Subparagraph (1) of this Paragraph is 

less than the actual emissions from the source for the ozone season, the source 

is not in compliance. 

(3) If the source is not in compliance, beginning with September 30, the actual 

emissions for that day and each preceding day are subtracted from the actual 
emissions for the ozone season until the value calculated under Subparagraph 

(1) of this Paragraph is greater than or equal to the actual emissions. Each day 

that the source operated after this day to September 30 is a day of violation. 

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 allocation of the source, or sources, that it replaced 

instead of an allocation under Rule .1421 of this Section. If the owner of a source changes, the 

emission allocations under this Rule and revised emission allocations made under Rule .1420 of 

this Section shall remain with the source. If a source is retired, the owner or operator of the 

source shall follow the procedures in 40 CFR 96.5. The allocations of a retired source shall 

remain with the owner or operator of the retired source until a reallocation occurs under Rule 

.1420 of this Section when the allocation shall be removed and given to other sources if the 

retired source is still retired. 

(i) Additional controls. The Environmental Management Commission may specify through 

rulemaking a specific emission limit lower than that established under this Rule for a specific 

source if compliance with the lower emission limit is required as part of the State Implementation 

Plan to attain or maintain the ambient air quality standard for ozone. 

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

Temporary Adoption Eff. November 1, 2000; 

Temporary Amendment Eff. August 1, 2001; 

24 Eff. July 15, 2002. 2002;

25 Amended Eff. May 1, 2004.
1 15A NCAC 2D .1418 has been amended as published in 18:08 NCR 581-582 as follows: 

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 GENERATING UNITS, LARGE BOILERS, AND 

LARGE I/C ENGINES 

(a) Electric generating units. Emissions of nitrogen oxides from any fossil fuel-fired stationary 

boiler, combustion turbine, or combined cycle system permitted after October 31, 2000, serving a 

generator with a nameplate capacity greater than 25 megawatts electrical and selling any amount 

of electricity shall not exceed: 

(1) 0.15 pounds per million Btu for gaseous and solid fuels and 0.18 pounds per 

million Btu for liquid fuels if it is not covered under Rule .0530 (prevention of 

significant deterioration) or .0531 (nonattainment area major new source review) 

of this Subchapter; 

(2) 0.15 pounds per million Btu for gaseous and solid fuels and 0.18 pounds per 

million Btu for liquid fuels or best available control technology requirements of 

Rule .0530 of this Subchapter, whichever requires the greater degree of 

reduction, if it is covered under Rule .0530 of this Subchapter; or 

(3) lowest available emission rate technology requirements of Rule .0531 of this 

Subchapter if it is covered under Rule .0531 of this Subchapter. 

(b) Large boilers. Emissions of nitrogen oxides from any fossil fuel-fired stationary boiler, 

combustion turbine, or combined cycle system having a maximum design heat input greater than 

250 million Btu per hour which is permitted after October 31, 2000, and not covered under 

Paragraph (a) of this Rule, shall not exceed: 

(1) 0.17 pounds per million Btu for gaseous and solid fuels and 0.18 pounds per 

million Btu for liquid fuels if it is not covered under Rule .0530 (prevention of 

significant deterioration) or .0531 (nonattainment area major new source review) 

of this Subchapter; 

(2) 0.17 pounds per million Btu for gaseous and solid fuels and 0.18 pounds per 

million Btu for liquid fuels or best available control technology requirements of 

Rule .0530 of this Subchapter, whichever requires the greater degree of 

reduction, if it is covered under Rule .0530 of this Subchapter; or 

(3) lowest available emission rate technology requirements of Rule .0531 of this 

Subchapter if it is covered under Rule .0531 of this Subchapter. 

(c) Internal combustion engines. The following reciprocating internal combustion engines 

permitted after October 31, 2000, shall comply with the applicable requirements in Rule .1423 of 

this Section if the engine is not covered under Rule .0530 (prevention of significant deterioration) 

or .0531 (nonattainment area major source review) of this Subchapter: 

(1) rich burn stationary internal combustion engines rated at equal to or greater than 

2,400 brake horsepower, 
(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 requires the greater degree of reduction. If the 

engine is covered under Rule .0531 of this Subchapter, it shall comply with lowest available 

emission rate technology requirements of Rule .0531 of this Subchapter. 

(d) Monitoring. The owner or operator of a source subject to this Rule except internal 

combustion engines shall show compliance using a continuous emission monitor that 

meets the requirements of Rule .1404(d) of this Section. Internal combustion engines 

shall comply with the monitoring requirements in Rule .1423 of this Section. Monitors 

shall be installed before the first ozone season in which the source will operate and shall 

be operated each day during the ozone season that the source operates. 

(e) Offsets. If emission allocations are not granted under Rule .1421 of this Section or are 

19 insufficient to offset the emissions not equal to or greater than the emissions of nitrogen 

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

source, the owner or operator of the source shall acquire emission allocations of nitrogen 

oxides under Rule .1419 of this Section from other sources sufficient to offset its 

emissions. Sources 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 covered 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; 

31 Eff. July 15, 2002. 2002;

32 Amended Eff. May 1, 2004.

33 
1 15A NCAC 2D .1419 has been amended as published in 18:08 NCR 582-583 as follows: 

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. Sources covered under Rule .1416 or .1417 of this Section may shall

comply with the requirements of Rule .1416 or .1417 of this Section using the procedures of and 

complying with the requirements of 40 CFR Part 96, Nitrogen Oxide Budget Trading Program for 

State Implementation Plans, with the following exceptions: 

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 this Title instead of the procedures and 

schedules in 40 CFR Part 96; and 

(2) The dates and schedules for monitoring systems in 40 CFR Part 96 shall not 

apply; however, if a source operates during the ozone season, it shall have 

installed and begun operating by May 1, 2004, a continuous emissions 

monitoring system that complies with 40 CFR Part 96. 

(c) New sources. Except for internal combustion engines, sources covered under Rule .1418 of 

this Section may shall comply with the requirements of Rule .1418 of this Section using the 

procedures of and complying with the requirements of 40 CFR Part 96, Budget Trading Program 

for State Implementation Plans, with the following exceptions: 

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 this Title instead of the procedures and 

schedules in 40 CFR Part 96; and 

(2) The dates and schedules for monitoring systems in 40 CFR Part 96 shall not 

apply; however, a source shall not operate during the ozone season until it has 

installed and is operating a continuous emissions monitoring system that 

complies with 40 CFR Part 96. 

(d) Opt-in provisions. 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 following the procedures and requirements of 40 

CFR Part 96, Subpart I, including using continuous emission monitors that meet the requirements 

of 40 CFR Part 75, Subpart H. 

30 

31 

32 

33 

34 Before an internal combustion engine opts into the budget trading 

35 program, the owner or operator of the engine shall demonstrate that the continuous emissions 

36 monitor on the engine can comply with the requirements of 40 CFR Part 75, Subpart H, by 
1 operating monitor on the engine under the conditions specified in 40 CFR Part 75 for at least one 

2 ozone season before opting into the budget trading program.

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

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(e) Divisional requirements. The Director and the Division of Air Quality shall follow the 

procedures of 40 CFR Part 96 in reviewing permit applications and issuing permits for NOx

Budget sources, in approving or disapproving monitoring systems for NOx Budget sources, and in 

taking enforcement action against NOx Budget sources. The Director may issue permits after May 

1, 2003, for sources covered under this Section that are participating in the nitrogen oxide budget 

trading program under this Section. The provisions of 40 CFR Part 96 pertaining to early 

reduction credits shall not apply. 

(f) Submitting emission allocations to the EPA. For sources covered under Rule .1416, .1417, or 

.1418, , the Director shall submit to the Administrator of the Environmental Protection Agency 

NOx emission allocations according to 40 CFR Part 96. The Environmental Management 

Commission and the Director shall follow Rules .1416, .1417, and .1420 for emission allocations 

instead of the methodology specified in 40 CFR Part 96. The Environmental Management 

Commission and the Director shall follow, Rule .1421 of this Section for set-asides and new 

source allocations instead of the provisions of 40 CFR Part 96. The Environmental Management 

Commission and the Director shall follow Rule .1422 of this Section for distributing the 

compliance supplement pool instead of the provisions of 40 CFR Part 96. 

(g) EPA to administer. The United States Environmental Protection Agency (EPA) shall 

administer the budget trading program of 40 CFR Part 96 on behalf of North Carolina. The 

Director shall provide the EPA the information necessary under 40 CFR Part 96 for the EPA to 

administer 40 CFR Part 96 on behalf of North Carolina. The owner or operator of each source 

covered under Rule .1416, .1417, or .1418, except internal combustion engines, of this Section 

shall establish an account, designate an authorized account representative, and comply with the 

other requirements of 40 CFR Part 96 as necessary for the EPA to administer the nitrogen oxide 

budget trading program on behalf of North Carolina. 

(h) Restrictions on trading. NOx emission allocations obtained under this Rule shall not be used to 

meet the emission limits for a source if compliance with that emission limit is required as part of 

the State Implementation Plan to attain or maintain the ambient air quality ozone standard. 

Sources covered under Rule .0531 (nonattainment area major new source review) of this 

Subchapter shall not use the nitrogen oxide budget trading program to comply with Rule .0531 of 

this Subchapter. 

History Note: Statutory Authority G.S. 143-215.3(a)(1);143-215.65; 143-215.66; 143- 

215.107(a)(5), (7), (10); 

Temporary Adoption Eff. November 1, 2000; 
1 Temporary Amendment Eff. August 1, 2001; 

2 Eff. July 15, 2002. 2002.

3 Amended Eff. May 1, 2004.
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15A NCAC 2D .1422 has been amended with changes as published in 18:08 NCR 583-585 as 

follows: 

15A NCAC 2D .1422 COMPLIANCE SUPPLEMENT POOL CREDITS 

(a) Purpose. The purpose of this Rule is to regulate North Carolina’s eligibility for and use of the 

Compliance Supplement Pool under 40 CFR 51.121(e)(3). 

(b) Eligibility. Facilities Sources covered under Rule .1416 of this Section may earn Compliance 

Supplement Pool Credits for those nitrogen oxide emissions reductions required by Rule .1416 of 

this Section that are achieved 

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8 during the ozone season after September 30, 1999 and are 

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

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

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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 season. The control device, modification, or change 

in operational practice that enables the combustion source or sources to achieve the emissions 

reductions shall be permitted. The facility shall provide the Division of Air Quality with written 

notification certifying the installation and operation of the control device or the modification or 

change in operational practice that enables the combustion source or sources to achieve the 

emissions reduction. Only emission reductions that are beyond emission reductions required 

19 under 40 CFR Part 76 or any other provision of the federal Clean Air Act are creditable 

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 during the entire period shall be tabulated. These 

credits will then be available for use by the State of North Carolina to achieve compliance with the 

State ozone season NOx budget. 

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(d) Requesting credits. In order to earn Compliance Supplement Pool Credits, the owner or 

operator of the facility shall provide the following written documentation to the Director before 

January 1, 2003. 

(1) the combustion source or sources involved in the emissions reduction; 

(2) the start date of the emissions reduction; 

(3) a description of the add-on control device, modification, or change in operational 

practice that enables the combustion source or sources to achieve the 

emissions reduction; 

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(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; 

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

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

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(6) the total reduction of nitrogen oxides achieved by this action in tons of nitrogen 

oxides per season for all the combustion sources involved; 

(7) a demonstration that the proposed action has reduced the emissions of nitrogen 

oxides from the combustion sources involved by the amount specified in 

Subparagraphs (d)(5) and (d)(6) of this Rule; and 

(8) a description of the monitoring, recordkeeping, and reporting plan used to 

ensure continued compliance with the proposed emissions reduction activity; 

continuous emissions monitors shall be used to monitor emissions. 

(e) Approving requests. Before any Compliance Supplement Pool Credits can be allocated, the 

Director shall have to approve them. The Director shall approve credits if he finds that: 

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 

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16 Program and any other requirement of the federal Clean Air Act; Program,

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(2) the emission reductions are achieved after September 30, 1999, and before May 

1, 2003, and 

(3) all the information and documentation required under Paragraph (d) have been 

submitted. 

The Director shall notify the owner or operator of the source and EPA of his approval or 

disapproval of a request and of the amount of Compliance Supplement Pool Credits approved. If 

the Director disapproves a request or part of a request, he shall explain in writing to the owner or 

operator of the source the reasons for disapproval. 

(f) Compliance supplement pool. The Director shall verify that the Compliance Supplement Pool 

Credits do not exceed a statewide total of 10,737 tons for all the ozone seasons of the years 

2003, 2004, and 2005. 

(g) Interim report. The owner or operators of the facility shall submit to the Director by January 1, 

2001 and January 1, 2002 an interim report that contains the information in Paragraph (d) of this 

Rule for the previous ozone season. 

(h) Recording credits. Based on the interim reports submitted under Paragraph (g) of this Rule, 

the Division shall record the Compliance Supplement Pool Credits earned under this Rule in a 

central database. The Division of Air Quality shall maintain this database. These credits shall be 

recorded in tons of emissions of nitrogen oxides reduced per season with the actual start date of 

the reduction activity. Based on the final formal request submitted under Paragraph (d) of this 

Rule as approved under Paragraph (e) of this Rule, the Director shall finalize the Compliance 

Supplement Pool Credits earned and record the final earned credits in the Division’s database. . 

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 Compliance Supplement Pool Credits used in 2003 

using the procedures in Paragraph (k) of this Rule. Compliance Supplement Pool Credits not 

used in 2003 shall be available for use by the Director of the Division of Air Quality to offset 

excess emissions of nitrogen oxides in order to achieve compliance with the North Carolina 

ozone season NOx budget after May 

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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 excess emissions to achieve compliance with the 

requirements of Rule .1416 or .1417 of this Section. All credits shall expire and will no longer be 

available for use after 

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(j) Reporting. The Director shall report: 

(1) to the EPA, Carolina Power & Light Co. and Duke Power Co. by 

(A) March 1, 2003 the Compliance Supplement Pool Credits earned by 

Carolina Power & Light Co. and by Duke Power Co., and 

(B) March 1, 2004 the reductions in allocations calculated under Paragraphs 

(k) and (l) of this Rule; and 

(2) to the EPA by: 

(A) December 1, 2003, the Compliance Supplement Pool Credits used 

beginning May 1 through September 30, 2003, 

(B) December 1, 2004, the Compliance Supplement Pool Credits used 

beginning May 31 through September 30, 2004, and 

(C) December 1, 2005, the Compliance Supplement Pool Credits used 

beginning May 1 through September 30, 2005. 

(k) Using Compliance Supplement Pool Credits in 2003. Carolina Power & Light Co. and Duke 

Power Co. may use Compliance Supplement Pool Credits in 2003. If they do use Compliance 

Supplement Pool Credits in 2003, then the allocations for their sources in Rule .1416 of this 

Section shall be reduced for 2004 or 2005 by the amount of Compliance Supplement Pool Credits 

used in 2003. Before the Director approves the use of Compliance Supplement Pool Credits in 

2003, the company shall identify the sources whose allocations are to be reduced to offset the 

Compliance Supplement Pool Credits requested for 2003 and the year (2004 or 2005) in which 

the allocation is reduced. The Director shall approve no more 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. 

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(l) Failure to receive sufficient credits. If the sum of Compliance Supplement Pool Credits 

received by Carolina Power & Light Co. and Duke Power Co. are less than 10,737 tons, the 

following procedure shall be used to reduce the allocations in Rule .1416 of this Section: 

(1) If the Compliance Supplement Pool Credits received by Carolina Power & Light 

Co. are less than 4,295 tons, and the Compliance Supplement Pool Credits 

received by Duke Power Co. are greater than or equal to 6,442 tons, the 

allocation for Carolina Power & Light Co.’s sources shall be reduced by the 

amount obtained by subtracting from 10,737 tons the sum of Compliance 

Supplement Pool Credits received by Carolina Power & Light Co. and Duke 

Power Co. The allocations of Carolina Power & Light Co.’s sources shall be 

reduced using the procedure in Subparagraph (4) of this Paragraph. 

(2) If the Compliance Supplement Pool Credits received by Duke Power Co. are less 

than 6,442 tons, and the Compliance Supplement Pool Credits received by 

Carolina Power & Light Co. are greater than or equal to 4,295 tons, the allocation 

for Duke Power Co.’s sources shall be reduced by the amount obtained by 

subtracting from 10,737 tons the sum of Compliance Supplement Pool Credits 

received by Carolina Power & Light Co. and Duke Power Co. The allocations of 

Duke Power Co.’s sources shall be reduced using the procedure in 

Subparagraph (4) of this Paragraph. 

(3) If the Compliance Supplement Pool Credits received by Carolina Power & Light 

Co. are less than 4,295 tons, and the Compliance Supplement Pool Credits 

received by Duke Power Co. are less than 6,442 tons: 

(A) The allocation for Carolina Power & Light Co.’s sources shall be reduced 

by the amount obtained by subtracting from 4,295 tons the Compliance 

Supplement Pool Credits received by Carolina Power & Light Co. The 

allocations of Carolina Power & Light Co.’s sources shall be reduced 

using the procedure in Subparagraph (4) of this Paragraph; and 

(B) The allocation for Duke Power Co.’s sources shall be reduced by the 

amount obtained by subtracting from 6,442 tons the Compliance 

Supplement Pool Credits received by Duke Power Co. The allocations of 

Duke Power Co.’s sources shall be reduced using the procedure in 

Subparagraph (4) of this Paragraph. 

(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: 

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(i) The allocation of all sources listed in Rule .1416 of this Section 

for 2005 for Carolina Power & Light Co. or Duke Power Co. are 

summed. 

(ii) The reduction required under Subparagraph (1), (2), or (3) of this 

Paragraph is subtracted from the sum computed under Subpart 

(i) of this Part. 

(iii) The allocation of each source listed in Rule .1416 of this Section 

for 2005 for Carolina Power & Light Co. or Duke Power Co. is 

multiplied by the value computed under Subpart (ii) of this Part 

and divided by the value computed under Subpart (i) of this Part. 

The result is the revised allocation for that source. 

(B) If the reduction required is more than 4,966 tons, then the following 

procedure shall be used: 

(i) The reduction for the allocations for 2005 is determined using the 

procedure under Part (A) of this Subparagraph and substituting 

4,966 as the reduction required under Subpart (A)(ii) of this 

Subparagraph. 

(ii) The reduction for the allocations for 2004 shall be determined 

using the following procedure: 

(I) The reduction required under Subparagraph (1), (2), or 

(3) of this Paragraph is subtracted from 4,966. 

(II) The allocations of all sources listed in Rule .1416 of this 

Section for 2004 for Carolina Power & Light Co. or Duke 

Power Co. for 2004 are summed. 

(III) The allocation of each source listed in Rule .1416 of this 

Section for 2004 for Carolina Power & Light Co. or Duke 

Power Co. is multiplied by the value computed under 

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 through the use of allowance transfers to the State 

following the procedures in 40 CFR Part 96. These allowances shall be retired. 

History Note: Statutory Authority G.S. 143-215.3(a)(1);143-215.65; 143-215.66; 143-

215.107(a)(5), (7), (10); 

5
6

1 Temporary Adoption Eff. August 1, 2001; 

2 Eff. July 15, 2002. 2002;

3 Amended Eff. May 1, 2004.
1 15A NCAC 2D .1901 has been amended as published in 18:08 NCR 585 as follows: 

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

BURNING

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4 (a) Purpose. The purpose of this Section is to control air pollution resulting from the open burning 

5 of combustible materials. materials and to protect the air quality in the immediate area of the open 

6 burning.

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(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 

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

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

Eff. July 1, 1996; 

21 Amended Eff. May 1, 2004.
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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 recirculating motion of air under the curtain. 

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(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, 

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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. 

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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.

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(6)(8) "Nuisance" means causing physical irritation exacerbating a documented medical 

condition, visibility impairment, or evidence of soot or ash on property or structure 

other than the property on which the burning is done. 

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(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 premises of the land-clearing activities.

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(8)(11) "Open burning" means the burning of any matter in such a manner that the 

products of combustion resulting from the burning are emitted directly into the 

atmosphere without passing through a stack, chimney, or a permitted air pollution 

control device. 

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

32 the person in operational control over the open burning.

33 (13) “Ozone forecast area means for 

34 (a) Asheville ozone forecast area: Buncombe, Haywood, Henderson, 

35 Jackson, Madison, Swain, Transylvania, and Yancey Counties;

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

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

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

2 Counties;

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

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

5 Forsyth, Guilford, Randolph, Rockingham, and Stokes Counties; and

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

7 Orange, and Wake Counties.

8 (9)(14) "Person" as used in 2D .1901(c), means: 

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(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. 

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(11)(16) "Public road" means any road that is part of the State highway system; or any 

road, street, or right-of-way dedicated or maintained for public use. 

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

61.142. 

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20 (13)(18) "Refuse" means any garbage, rubbish, or trade waste. 

(14)(19) "Regional Office Supervisor" means the supervisor of personnel of the Division of 

Air Quality in a regional office of the Department of Environment and Natural 

Resources. 

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(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. 

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(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. 

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History Note: Authority G.S. 143-215.3(a)(1); 143-212; 143-213; 

Eff. July 1,1996; 

33 Amended Eff. May 1, 2004; July 1, 1998.

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

follows: 

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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 

6 or Rule .1904 of this Section. Except as allowed under Paragraphs (b)(3) through (b)(7), or (b)(9) 

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 Department 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.

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(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; 

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(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 forecasted 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 

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the pavement or other roadway surface, which may be significantly

affected by smoke, ash, or other air pollutants from the burning; 

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(B) The location of the burning is at least 1,000 feet from any dwelling, group 

of dwellings, or commercial or institutional establishment, or other 

occupied structure not located on the property on which the burning is 

conducted. The regional office supervisor may shall grant exceptions to 

the setback requirements if: 

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(i) a signed, written statement waiving objections to the open 

burning associated with the land clearing operation is obtained 

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3 and submitted to and the exception granted by the regional 

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

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 establishment, or 

other occupied structures

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7 structure within 1,000 feet of the open 

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

9 the lessee or renter shall be the person from whom 

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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 

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shall not be burned; burned. However, however, kerosene, distillate oil, 

or diesel fuel may be used to start the fire; 

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(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 

20 one day and 8:00 a.m. on the following day, except that, under favorable

21 meteorological conditions that are conducive to the rise and dispersion of 

smoke, conditions, deviation from these hours of burning shall may be 

granted by the regional office supervisor. The 

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landowner or operator of 

the open burning operation shall be responsible for obtaining written 

approval for burning during periods other than those specified in this 

Part; and

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(E) No fires are started initiated or vegetation added to existing fires 

when the Division of Forest Resources has banned burning for that area.

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29 area; and

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 off2
1 site for open burning in areas where a permitted air curtain burner is not 

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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; 

7 (4) fires purposely set to forest lands forest land for forest management practices 

acceptable to for which burning is acceptable to the Division of Forest 

Resources; 

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10 (5) fires purposely set to agricultural lands for disease and pest control and fires set 

11 for other agricultural or apicultural practices acceptable to for which burning is 

12 currently acceptable to the Department of Agriculture; 

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

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burning is currently acceptable to the Wildlife Management Resource

Commission; 

(7) fires for the disposal of dangerous materials 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 

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and provide written notification to the regional office supervisor of the appropriate 

regional office that there is no other practical method of disposal of the waste. 

Factors that the regional office supervisor shall consider in granting permission 

for the burning include type, amount, 

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location of the burning, and nature of 

combustible substances. The regional office supervisor shall not grant 

permission for the burning if the primary purpose of the fire is to dispose of 

synthetic materials or refuse or recovery of salvageable materials. Fires 

authorized under this Subparagraph shall comply with the conditions of 

Subparagraph (b)(2) of this Rule. 

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(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; 

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37 

(10) fires purposely set for the instruction and training of fire-fighting personnel, 

including fires at permanent fire-fighting training facilities, or when conducted 

under the supervision of or with the cooperation of one or more of the following 

agencies: 

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(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-fighting personnel, provided that: 

(A) The regional office supervisor of the appropriate regional office and the 

HHCB have been notified according to the procedures and deadlines 

contained in the appropriate regional notification form. This form may be 

obtained by writing the appropriate regional office at the address in Rule 

.1905 of this Section and requesting it, and 

(B) The regional office supervisor has granted permission for the burning. 

Factors that the regional office supervisor shall consider in granting 

permission for the burning include type, amount, and nature of 

combustible substances. The regional office supervisor shall not grant 

permission for the burning of salvageable items, such as insulated wire 

and electric motors or if the primary purpose of the fire is to dispose of 

synthetic materials or refuse. The regional office supervisor of the 

appropriate regional office shall not consider previously demolished 

structures as having training value. However, the regional office 

supervisor of the appropriate regional office may allow an exercise 

involving the burning of motor vehicles burned over a period of time by a 

training unit or by several related training units. Any deviations from the 

dates and times of exercises, including additions, postponements, and 

deletions, submitted in the schedule in the approved plan shall be 

communicated verbally to the regional office supervisor of the 

appropriate regional office at least one hour before the burn is 

scheduled. 

(c) The authority to conduct open burning under this Section does not exempt or excuse any 

person from the consequences, damages 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 having jurisdiction even though the open burning is 

conducted in compliance with this Section. 

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

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1 Eff. July 1,1996; 

2 Amended Eff. May 1, 2004; July 1, 1998. 

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1 

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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

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5 . Air

quality permits shall not be required for air curtain burners located at temporary land clearing or 

right-of-way maintenance sites for less than nine 

6 

7 months if they are not subject to 40 CFR 

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 

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forecast.

(b) Air curtain burners described in Paragraph (a) of this Rule shall comply with the following 

16 conditions and stipulations: at the time of burning ⋅

17 (1) Prevailing winds The wind direction at the time of that the burning is initiated and 

18 the wind direction as forecasted by the National 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 

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surface, which may be significantly affected by smoke, ash, or other air pollutants 

from the burning; 

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(2) Only collected land clearing and yard waste materials may be burned. Heavy 

oils, asphaltic materials, items containing natural or synthetic rubber, tires, grass 

clippings, collected leaves, paper products, plastics, general trash, garbage, or 

any materials containing painted or treated wood materials shall not be burned. 

Leaves still on trees or brush may be burned; 

(3) No fires shall be started or material added to existing fires when the Division of 

Forest Resources has banned burning for that area; 

(4) Burning shall be conducted only between the hours of 8:00 a.m. and 6:00 p.m.; 

(5) The air curtain burner shall not be operated more than the maximum source 

operating hours-per-day and days-per-week. The maximum source operating 

hours-per-day and days-per-week shall be set to protect the ambient air quality 

standard and prevention of significant deterioration (PSD) increment for 

35 particulate. If the air curtain burner will:

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 an 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 

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Subchapter. Chapter. This Subparagraph shall not apply to temporary air curtain 

burners; 

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

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

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

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; 

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(7) Air curtain burners shall meet manufacturer’s manufacturers specifications for 

operation and upkeep to ensure complete burning of material charged into the 

pit. 

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Manufacturer’s Manufacturers specifications shall be kept on site and be 

available for inspection by Division staff; 

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(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

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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

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21 45 minutes, and there shall be no more 

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

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

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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; 

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(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 commercial or institutional establishment, or other 

occupied structure not located on the property on which the burning is 

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37 conducted. The regional office supervisor shall grant exceptions to the setback 

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1 requirements if a signed, written statement waiving objections to the air curtain 

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

3 institutional establishment, or other occupied structure within 500 feet of the 

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

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

6 statement shall be submitted to and approved by the regional office supervisor 

7 before initiation of the burn.

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Compliance with this Rule does not relieve any owner or operator of an air curtain burner from the 

necessity of complying with other rules in this Section or any other air quality rules. 

(c) Recordkeeping Requirements. The owner or operator of an air curtain burner at a permanent 

site shall keep a daily log of specific materials burned and amounts of material burned in pounds 

12 per hour and tons per year. The logs at a permanent air curtain burner site shall be maintained on 

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

Air Quality. The owner or operator of an air curtain burner at a temporary site shall keep a log of 

total number of tons burned per temporary site. 

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15 The owner or operator of air curtain burner 

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

17 and reporting requirements in 40 CFR 60.2245 through 60.2265.

(d) Title V Considerations. Burners that have the potential to burn 15,000 8,100 tons of material 

or more per year may be subject to Section 15A NCAC 2Q .0500, Title V Procedures. 

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(e) Prevention of Significant Deterioration 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. 

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

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

24 the burner is at least as effective as an air curtain burner in reducing emissions and if the Director 

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

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

27 Rule. 

28 (g) In addition to complying with the requirements of this rule, an air curtain burner that 

29 commenced construction after November 30, 1999, or that commenced reconstruction or 

modification on or after June 1, 2001, shall also comply with 40 CFR 60.2245 through 

60.2265 in addition to the requirements of this Rule.

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33 History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (10); 143-215.66; 143-

34 215.108; 40 CFR 60.2865;

35 Eff. July 1, 1996. 1996;

36 Amended Eff. August 1, 2004.
1 15A NCAC 2D .1906 has been amended as published in 18:08 NCR 590 as follows: 

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15A NCAC 2D .1906 DELEGATION TO COUNTY GOVERNMENTS

(a) The governing body of any county or municipality or group of counties or municipalities may 

establish a partial air pollution control program to implement and enforce this Section provided 

that: 

(1) It has the administrative organization, staff, financial and other resources 

necessary to carry out such a program; 

(2) It has adopted appropriate ordinances, resolutions, and regulations to establish 

and maintain such a program; and 

(3) It has otherwise complied with G.S. 143-215.112 "Local Air Pollution Control 

Programs." 

(b) The governing body shall submit to the Director documentation demonstrating that the 

requirements of Paragraph (a) of this Rule have been met. Within 90 days after receiving the 

submittal from the governing body, the Director shall review the documentation to determine if the 

requirements of Paragraph (a) of this Rule have been met and shall present his findings to the 

Commission. If the Commission determines that the air pollution program is adequate, it shall 

certify the local air pollution program to implement and enforce this Section within its area of 

jurisdiction. 

(c) County and municipal governments shall not have the authority to issue permits for air curtain 

burners at a permanent site as defined in 15A NCAC 2D .1904. 

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(d) The three certified local air pollution programs, 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; 

27 Eff. July 1, 1996. 1996;

28 Amended Eff. May 1, 2004.

29 
1 15A NCAC 2Q .0806 has been amended as published in 18:08 NCR 603 as follows: 

2 15A NCAC 2Q .0806 COTTON GINS

3 (a) This Rule applies to cotton gins that only gin cotton between September and January, 

4 inclusively. The Director may extend this time period beyond the end of January if the 

5 Commissioner of Agriculture certifies to the Director that the cotton ginning season has been 

6 delayed because of adverse weather.

(b) (a) Potential emissions for cotton gins shall be determined using actual number of bales of 

cotton, not exceeding 500 pounds each, produced. 

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(c) (b) Any cotton gin that gins less than 167,000 bales of cotton per year shall be exempted from 

the requirements of Section .0500 of this Subchapter. 

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(d) (c) The owner or operator of any cotton gin exempted by this Rule from Section .0500 of this 

Subchapter shall submit to the regional supervisor of the appropriate Division regional office by 

March 1 of each year, a report containing the following information: 

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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 

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(3) the signature of the appropriate official as identified in Rule .0304(j) of this 

Subchapter certifying as to the truth and accuracy of the report. 

(e) (d) The owner or operator of any cotton gin exempted by this Rule from Section .0500 of this 

Subchapter shall provide documentation of number of bales produced to the Director upon 

request. The owner or operator of a cotton gin exempted by this Rule from Section .0500 of this 

Subchapter shall retain records to document number of bales of cotton produced for each of the 

previous three years. 

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24 (f) (g) If the number of bales specified in Paragraph (b) of this Rule are exceeded, For facilities 

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

26 of a requirement of this Rule within one week of its occurrence. 

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History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; 

 Eff. August 1,1995; 

30 Amended Eff. May 1, 2004; April 1, 2001; July 1, 1998.

31 
15A NCAC 2Q .0809 has been adopted with changes as published in 18:08 NCR 603-604 as 

follows: 

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15A NCAC 2Q .0809 CONCRETE BATCH PLANTS

(a) This Rule applies to concrete batch plants that use fabric filters or equivalently effective 

control devices to control particulate emissions from 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 emissions 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 requirements 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 

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(4) signature of the appropriate official as identified in Rule .0304(j) of this 

Subchapter certifying as to the truth 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 

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from Section .0500 of this Subchapter shall retain records to document the cubic yards of wet 

concrete produced per year for the previous three years. 

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(f) For concrete batch plants covered by this Rule, the owner or operator shall report to the 

Director any exceedance of a requirement of this Rule within one week of its occurrence. 

History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; 

Eff. May 1, 2004.