A irA 

NCDENR 

North Carolina Department of Environment and Natural Resources 

Division of Air Quality 

Michael F. Easley, Governor 

Mr. J. I. Palmer, Jr. 

Regional Administrator 

U.S. Environmental Protection Agency, Region 4 

Atlanta Federal Center 

61 Forsyth Street, SW 

Atlanta, Georgia 30303-8909 

Subject: State Implementation Plan Revisions 

Dear Mr. Palmer: 

William G. Ross, Jr., Secretary 

B. Keith Overcash, P.E., Director 

On January 11,2007, the Environmental Management Commission (EMC) amended 15A NCAC 2D 

.0902, .0909, .1402, and .1403, which were the subject of public hearings held on October 4, 2006. 

Enclosed is the hearing record for these hearings. Please proceed to approve the aforementioned 

amended rules as part of the federally approved State Implementation Plan. These rules are enclosed. 

If you need any other information or documentation, or have any questions, please let us know as soon 

as possible. You may contact Ms. Sheila Holman at 919-715-0971. 

BKO/ta 

enclosures 

cc: Kay Prince 

Sheila Holman 

Hearing Record File 

1641 Mail Service Center, Raleigh, NC 27699-1641 

2728 Capital Blvd., Raleigh, NC 27604 

Phone: 919-715-7670 I Fax: 919-715-7476/lntemet: www.ncair.org 

An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper 

N~{thCarolina 

;vaturalllf 
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15A NCAC 02D .0902 has been amended as published in 21:06 NCR-476: 

15A NCAC 020 .0902 APPLICABILITY 

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

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

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

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

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

levels of emissions of volatile organic compounds; 

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

calendar month and that are: 

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

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

analyses, or non-production environmental compliance assessments; 

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

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

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

instruction from hospitals or health laboratories pursuant to the determination or 

diagnoses of illness; or 

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

commercial product or feedstock material; or 

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

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

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

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

meeting the requirements of this Subparagraph. 

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

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

plants and gasoline bulk terminals; 

(2) .0926, Bulk Gasoline Plants; 

(3) .0927, Bulk Gasoline Terminals; 

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

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

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

roof tanks at bulk gasoline plants and bulk gasoline terminals; 

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

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

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

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

Durham, Forsyth, Gaston, Guilford, Mecklenburg, Wake, Dutchville Township in Granville County, and 

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

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

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

Rules in Subparagraphs Ce)(1) or <2lof this Rule before July 5. 1995 shall continue to eomply with these 

Rules: 

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

(2) .0943 through .0945 of this 5iEtstion, Section. before July 5, 1995, shall continue to 

comply with those Rules. [ ] 

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

compounds per year in the following areas: 

( 1) Cabarrus County 

(2) Gaston County 

(3) Lincoln County 

(4) Mecklenburg County 

(5) Rowan County 

(6) Union County 

(7) Davidson Township and Coddle Creek Township in Iredell r · 1 Countv. 

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

22 50.9 in Cabarrus, Gaston, Iredell, Lincoln, Mecklenburg, Rmvan, or Union County, North Carolina or York 

23 County, South Carolina, the Director shall initiate analysis to determine the control measures needed to 

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

25 implement the specific stationary source control measures contained in this Section that are required as 

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

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

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

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

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

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

32 Director shall send written notification to all permitted facilities '.vithin the county in which the rules are 

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

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

35 the purpose of notifying permitted facilities in Mecklenburg County, the Director of the Mecklenburg 

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

37 Section. 

2 
1 (g) If a violation of the ambient air quality standard for ozone is measured in accordance with 40 CFR 

2 50.9 in Davidson, Forsyth, or Guilford County or that part of Davie County bounded by the Yadkin River, 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19 this Section. 

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

21 50.9 in Durham or Wake County or Dutchville Township in Granville County, the Director shall initiate 

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

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

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

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

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

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

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

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

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

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

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

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

34 .0909 of this Section. 

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

36 Section may still be subject to emission limits on volatile organic compounds in Rules, .0524, .111 0, or 

3 7 .1111 of this Subchapter. 

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

3 Eff. July 1, 1979; 

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

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

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8 15A NCAC 02D .0909 has been amended with changes as published in 21 :06 NCR-478-480 as follows: 

9 

10 15A NCAC 020.0909 COMPLIANCE SCHEDULES FOR SOURCES IN Hew NONATTAINMENT 

11 AREAS 

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

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

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

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

16 under Rule .OQ02(c) .0902(e) of this Section; 

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

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

.0902(c) of this Section. 

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

application of Paragraphs Paragraph [ · ] ( e), (f), or (g) Cql. or (h) of Rule .0902 of this Section shall 

adhere to the following increments of progress and schedules: 

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

process equipment, or modifying existing process equipment: 

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

schedule shall be submitted within six months after the Director notices iR-tRe 

No~ Carolina Register that an af{:la is In \'iolation of tAo ambie,nt air E!!:l.alily 

stanEiam ~r o;rone; the implementation of rules in the North-Carolina Register 

that resolves a violation of the ambi'ent air gualit\f'standard for clzone; 

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

(i) 

(ii) 

(iii) 

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

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

component parts; 

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

and process equipment shall begin; and 

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

and process equipment shall be completed; 

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(2) 

(3) 

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

~e N~AI=I Carel ina Register U:\at the a~a js _i~ vi_'i)lalien ef ~e am~ient air. qYalit:y 

s~EJarEl ~re.mne the implementation of rules in the North Carolina Register 

that resolves a violation of the ambient air qualitY standard for ozone. 

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

(A) 

(B) 

(C) 

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

schedule shall be submitted within six months after the Director notices iR-tRe 

N@.rtJ:\ yarelina Register tAat an area is in viQiatien 9f tRe ambiQnt airqi:lality 

~janc;ja~J:Q.F e.mne; the implementation of rules in the North Carolina.Register 

that resolves a violation of the ambient air quality standard for ozone: 

The compliance schedule shall contain the following increments: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

a date by which research and development of low solvent content 

coating shall be completed if the Director determines that low solvent 

content coating technology has not been sufficiently researched and 

developed; 

a date by which evaluation of product quality and commercial 

acceptance shall be completed; 

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

coatings and process modifications; 

a date by which process modifications shall be initiated; and 

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

solvent content coatings shall begin; 

Final compliance shall be achieved within three years after the Director not ces~ 

the Ne~ Camlina R~gistQr tf;lat the area is ir:l vi91Citi~n ef thQ ambieF)t air q~:~a!i!Y 

stanEJaf:EI fer e~er:le . the implementation of rules in.the North Carolina Register 

that resolves a Violation of the ambient air quality standard for ozone. 

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

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

29 been met. 

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

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

32 progress and schedules: 

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

process equipment. or modifying existing process equipment: 

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

schedule by August 1. 2007 

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

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(2) 

(3) 

(C) 

(i) 

(ii) 

(iii) 

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

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

component parts; 

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

and process equipment shall begin; and 

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

and process equipment shall be completed; 

Final compliance shall be achieved no later than [ 1 April 1.2009. 

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

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

schedule by August 1. 2007. 

(B) 

(C) 

The compliance schedule shall contain the following increments: 

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

coating shall be completed if the Director determines that low solvent 

content coating technology has not been sufficiently researched and 

developed; 

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

acceptance shall be completed; 

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

coatings and process modifications; 

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

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

solvent content coatings shall begin; 

Final compliance shall be achieved no later than 1 April 1. 2009. 

The owner or operator shall certify to the Director within five days after the deadline. for 

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

27 progress has been met. 

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

29 increment of progress in Paragraph (c) of this Rule, \vhether the required increment of progress has been 

30 mBh 

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

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

33 months after the stated date of final compliance. 

34 (f) The owner or operator of any new source of volatile organic compounds not in existence or under 

35 construction as of the date that the Director notices in the North Carolina Register in accordance with 

36 Paragraphs (e), (f), or (g) of Rule .0002 of this Section that the area is in violation of the ambient air 

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1 quality standard for ozone, shall comply with all applicable rules in this Section upon start up of the 

2 source. 

3 f§ill} Sources already in compliance. 

4 L1.} Maintenance Areas. Paragraph Paragraphs (c) and (d) of this Rule shall not apply to 

5 sources that are in compliance with applicable rules of this Section when the Director 

6 notices in *he North .CaFOiinCI RegisterJhat tRe aFea is ig violalionoftRe ambient air 

7 qtoJaltty t;*etndaFd k>f 9zone the implementation of rules in the North Carolina Reaister that 

8 resolves a violation of the im1bient air quality standard for ozone and that have 

9 determined and certified compliance to the satisfaction of the Director within six months 

1 0 after the Director notices in tRe Nol#l CaFOiina Register tl:lat the Clrea is in violati~n . the 

11 Implementation of rules in the North Carolina Register that resolves a violation of the 

12 ambient air quality standard for oione. 

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

14 named in Paragraph <0 of Rule .0902 of this Section that are in compliance with 

15 applicable rules of this Section on [ 1 March 1 I 2007. 

16 (g) New sources. 

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

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

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

20 .0902 of this Section r 1 the implementation of rules in the North Carolina Realster that 

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

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(2) 

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

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

compounds not in existence or under construction before [ ·]March 1 I 2007 in an area 

Identified in Paragraph CO of Rule 10902 shall comply with all applicable rules in this 

Section upon start-up of the source. 

28 History Note: Authority G.S. 143-215.3(a)(1 ); 143-215. 1 07(a)(5); 

29 Eft. July 1, 1979; 

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Amended Eft. March 1. 2007; July 1, 2000; April1, 1997; July 1, 1995; July 1, 1994; July 

1, 1988; January 1, 1985. 

34 15A NCAC 02D .1402 has been amended as published in 21 :06 NCR-480-481: 

35 

36 15A NCAC 020.1402 APPLICABILITY 

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

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1 (-a1{Q.} The requirements of this Section shall apply to all sources May 1 through September 30 of each 

2 year. 

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

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

5 1 00 ton or more nitrogen oxides per year in the following areas: 

6 {1) Cabarrus County 

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{2) 

{3) 

{4) 

(5) 

(6) 

Gaston County 

Lincoln County 

Mecklenburg County 

Rowan County 

Union County 

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

13 (c) Rules .1407, .1408, .1409(a), and .1413 of this Section apply to sources identified according to 

14 Paragraph (d) of this Rule. 

15 (d) VVith the exceptions stated in Paragraph (h) of this Rule, this Section shall apply to: 

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

17 Paragraph (e) of this Rule; 

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(2) 

(3) 

Greensboro/\!Vinston Salem/High Point, consisting of Davidson, forsyth, and Guilford 

Counties and the part of Davie County bounded by the Yadkin River, Dutchmans Creek, 

North Carolina High.,.lay 801, fulton Creek and back to Yadkin River according to 

Paragraph (f) of this Rule; or 

Raleigh/Durham, consisting of Durham and Wake Counties and Dutchville Township in 

Granville County according to Paragraph (g) of this Rule. 

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

25 Cabarrus, Gaston, Iredell, Lincoln, Mecklenburg, Ro.,.;an, or Union County, North Carolina or York 

26 County, South Carolina, the Director shall initiate analysis to determine the control measures needed to 

27 attain and maintain the ambient air quality standard for ozone. By the follo'.'ling May 1, the Director shall 

28 implement the specific stationary source control measures contained in this Section that are required as 

29 part of the control strategy necessary to bring the area into compliance and to maintain compliance 'Nith 

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

31 as necessary by the analysis by notice in the North Carolina Register. The notice shall identify the rules 

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

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

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

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

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

37 or may be subject to the requirements of this Section. (for Mecklenburg County, "Director" means for the 

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1 purpose of notifying permitted facilities in Mecklenburg County, the Director of the Mecklenburg County 

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

3 ~ If a violation of the ambient air quality standard for ozone is measured according to 40 CFR 50.9 in 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

21 Section. 

22 Mill If a violation of the ambient air quality standard for ozone is measured according to 40 CFR 50.9 in 

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

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

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

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

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

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

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

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

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

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

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

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

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

36 ~ Regardless of any other statement of applicability of this Section, this +A-is Section does not apply 

37 to any: 

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( 1) 

(2) 

(3) 

(4) 

(5) 

(6) 

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

insignificant activity as defined at 15A NCAC 02Q .01 03(19); 

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

emergency generator; 

emergency use internal combustion engine; 

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

a federally enforceable potential to emit nitrogen oxides of: 

(A) less than 1 00 tons per year; and 

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

of any year. 

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

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

(A) for diesel engines: 

t = 833,333 I ES 

(B) for natural gas-fired engines: 

t = 700,280 I ES 

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

This exemption shall not apply to any of the sources listed in Rules .1417( a)(1) or (2) or .1417(b) 

of this Section except that it shall apply to: 

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

enforceable permit that restricts: 

(A) 

(B) 

(C) 

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

and September 30; 

it to burning only natural gas or oil; and 

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

27 History Note: Authority G. S. 143-215.3(a)(1 ); 143-215. 1 07(a)(5), (7), (1 0); 

28 

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37 

Eff. April 1, 1 995; 

Amended Eff. April1, 1997; July 1, 1995; Apri/1, 1995; 

Temporary Amendment Eft. November 1, 2000; 

Amended Eff. Apri/1, 2001; 

Temporary Amendment Eff. August 1, 2001; 

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

10 
1 15A NCAC 02D .1403 has been amended with changes as published in 21 :06 NCR-481-484 as follows: 

2 

3 15A NCAC 020 .1403 COMPLIANCE SCHEDULES 

4 (a) Applicability. This Rule applies to sources as set out in covered by Paragraph (d), (e), or (f) [ 1 of 

5 Rule .1402 of this Section. 

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

7 applicability of Paragraphs (e), (f), Paragraph [ ]~(e) or (f) of Rule .1402 of this Section, shall 

8 adhere to the following: following increments of progress and schedules: 

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

10 compliance without source modification: 

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(2) 

(A) 

(B) 

(C) 

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

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

compliance with the applicable limitation or standard; 

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

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

Carolina Register to demonstrate compliance with the applicable limitation; and 

The owner or operator shall implement any required recordkeeping and reporting 

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

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

the applicable limitation. 

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

modification technology or other source modification: 

(A) 

(8) 

(C) 

The owner or operator shall submit a permit application and a compliance 

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

Register. 

The compliance schedule shall contain the following increments of progress: 

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

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

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

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

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

shall be completed. 

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

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

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

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

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

11 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

(3) 

(4) 

(5) 

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

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

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

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

source to be included under the averaging plan; 

(B) 

(C) 

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

plan according to Rule .141 0 of this Section within six months after the Director's 

notice in the North Carolina Register. 

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

the North Carolina Register unless implementation of the emissions averaging 

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

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

compliance shall be achieved within three years. 

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

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

(A) 

(B) 

(C) 

The owner or operator shall make all necessary modifications according to 

Subparagraph (b )(2) of this Rule. 

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

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

this Subparagraph. 

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

in the North Carolina Register. 

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

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

25 Paragraph, whether the required increment of progress has been met. 

26 (c) Schedule for utility companies. The O'Nner or operator of a source subject to this Rule because of 

27 Rule .1416 of this Section shall: 

28 

29 

30 

31 

32 

33 

34 

35 

36 

(1) 

(2) 

submit to the Director before October 1, 2003, a description of how the source will 

comply, 'Nhich shall include an estimate of the number of tons of nitrogen oxides per 

ozone season, which may be a range, that will be obtained from the nitrogen oxide 

budget trading program under Rule .1419 of this Section to sho•.v compliance; 

submit to the Director a permit application, follo\\'ing the schedules in 15A I'>JCAC 02Q 

.0312, .0313, .0525, or .0527, as applicable, to receive a permit and make the 

modification or construct and begin operating the control device before the final 

compliance dates in Rule .1416 of this Section if a permit is needed for source 

modifications or control device installation or modification; and 

12 
2 

3 

4 

5 

6 

(3) install and implement any required monitoring, rocordkeeping, and reporting 

requirements before May 1, 2004 ; if a permit application is necessary to install and 

operate tho monitor, tho permit application shall be submitted by October 1, 2003; if a 

permit application is not submitted, tho Director shall modify tho source's permit by 

January 1, 2004 , to insert tho monitoring, rocordkeeping, and reporting requirements 

necessary to show compliance with this Section. 

7 (d) Schedule for large combustion sources. Tho owner or operator of a source subject to this Rule 

8 because of Rules .1409(b) or .1417 of this Section shall: 

9 (1) submit to the Director before October 1, 2003, a description of hmv tho source will 

10 comply, which shall include an estimate of tho number of tons of nitrogen oxides per 

11 ozone season, which may be a range, that will be obtained from tho nitrogen oxide 

12 budget trading program under Rule .1419 of this Section to show compliance; 

13 

14 

15 

16 

17 

18 

(2) 

(3) 

submit to the Director a permit application, following the schedules in 15A NCAC 02Q 

.0312, .0313, .0525, or .0527, as applicable, to receive a permit and make tho 

modification or construct and begin operating tho control device before the final 

compliance datos in Rules .1409(b) or .1417 of this Section if a permit is needed for 

source modifications or control device installation or modification; 

install and implement any required monitoring, recordkoeping, and reporting 

19 requirements before May 1, 2004 ; if a permit application is necessary to install and 

20 operate tho monitor, the permit application shall be submitted by October 1, 2003; if a 

21 permit application is not submitted, the Director shall modify tho source's permit by 

22 January 1, 2004, to insert tho monitoring, record keeping, and reporting requirements 

23 necessary to show compliance 'Nith this Section. 

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

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

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

27 compliance without source modification: 

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

29 

30 

31 

32 

33 

34 

35 

36 

37 

(2) 

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

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

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

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

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

modification technology or other source modification: 

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

schedule by August 1, 2007. 

(B) The compliance schedule shall contain the fellewing insFements ef f)Fegr~ss : 

13 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

(3) 

(4) 

(5) 

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

awarded or orders shall be issued for purchase of component ~ 

parts. 

~ The compliance schedule shall contain a date by which installation of the 

modification shall 9e§iRi- begin. 

~ The compliance schedule shall contain a date by which installation of the 

modification shall be oem~let4;19; and complet~. 

~ If the source is subject to a limitation. the compliance schedule shall contain. 

1 a date by which compliance testing shall be completed. 

!.E) Final compliance shall be achieved no later than [ 1 April1. 2009. 

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

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

(A) 

(8) 

(C) 

The owner or operator shall abide by the applicable requirements of 

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

source to be included under the averaging plan: 

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

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

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

2008. 

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

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

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

Subparagraph (c)(2) of this Rule. 

(8) 

(C) 

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

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

this Subparagraph. 

Final compliance shall be achieved no later than [ 1 April 1.2009. 

Increments of progress certification. The owner or operator shall certify to the Director. 

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

30 whether the required increment of progress has been met. 

31 (d) Sources already in compliance. 

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

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

34 the implementation of rulesHin the North Carolina Register that resolves a violation of the 

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

36 to the satisfaction of the Director within six months after the Director notices [ ] 

14 
1 

2 

3 (2) 

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

ambient air quality standard. for ozone. 

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

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

5 applicable rules of this Section on [ l March 1. 2007. 

6 (e) New sources. 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

ill 

(2) 

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

permitted a&-ef.. before the date the Director notices in the North Carolina Register 

according to Paragraphs (e), (f), Paragraph [ l (e). CO. or (g) of Rule .1402 of this 

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

The owner or operator of any new source covered under Rules .1407, .1408, .1409, 

.1413, or .1418 of this Section shall comply with all applicable rules in this Section upon 

start-up of the source. 

Nonattainment areas. The owner or operator of any new source of nitrogen oxides not 

permitted before [ l March 1. 2008 in an area identified in Paragraph (d) of Rule .1402 

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

source. 

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

20 

21 

22 

23 

24 

25 

26 

Eff. April 1, 1995; 

Amended Eff. April1, 1997; 

Temporary Amendment Eff. November 1, 2000; 

Amended Eff. April1, 2001; 

Temporary Amendment Eff. August 1, 2001; 

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

15