# A

# irA NCDENR North Carolina Department of Environment and Natural Resources Division ofAirQuality Michael F. Easley, Governor

Mr. J. I. 

### Palmer, Jr. Regional Administrator U.S. Environmental Protection Agency, Region 4 AtlantaFederal Center 61 Forsyth Street, SW Atlanta, Georgia 30303-8909 Subject: State Implementation Plan Revisions
DearMr. 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 subjectofpublic hearings held on October4, 2006.
Enclosed is the hearing record for these hearings. Please proceed to approve the aforementioned amended rules as part ofthe federally approved State Implementation Plan. Theserules are enclosed.
Ifyou need any otherinformation ordocumentation, orhave any questions, please letus know as soon as possible. You may contactMs. 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, NC27604 Phone: 919-715-7670 IFax: 919-715-7476/lntemet: www.ncair.org
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% PostConsumer Paper

# N~{thCarolina 

# ;vaturalllf

### • 

## 1 2 3 4 5 6 7 8 9 10 11 

## 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 15A NCAC 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 ofany other statement ofapplicability ofthis Section, this Section does not apply to: (1) sources whose emissions ofvolatile organic compounds are not more than 15 pounds per day, except that this Section does apply to the manufacture and use ofcutback asphalt and to gasoline service stations or gasoline dispensing facilities regardless of levels ofemissions ofvolatile organic compounds; (2) sources whose emissions do not exceed 800 pounds ofvolatile 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 orwastewater 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 ofvolatile organic compounds during startup or shutdown operations from
sources which use incineration or other types ofcombustion to control emissions of volatile organic compounds whenever the off-gas contains an explosive mixture during the startup or shutdown operation ifthe exemption is approved by the Director as meeting the requirements ofthis Subparagraph. (c) The following rules ofthis Section apply statewide: (1) .0925, Petroleum Liquid Storage in Fixed RoofTanks, for fixed rooftanks 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 RoofTanks, 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

1

### 1 

### 2 

### 3 4 5 6 7 

### 8 9 10 11 

### 12 13 14 

### 15 16 17 18 19 20 (9) .0958, Work Practices for Sources ofVolatile Organic Compounds. (d) Rule .0953, Vapor Return Piping for Stage II Vapor Recovery, ofthis 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 ofthe 

### tAese**~** Rules in Subparagraphs 

### Ce)(1) 

### or<2lofthis Rule before July 5. 1995 shallcontinue to eomply with these Rules: (1)

.0917 through

.0937 ofthis Section, or (2)

.0943 through .0945 ofthis 

### 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· 1Countv. 

### 21 (f) If a violation ofthe 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 ofthe 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 implementthe 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 ofthe 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 ofthis Section informing them that they 

### 34 are or may be subject to the requirements ofthis Section

. (For Mecklenburg County, "Director" means for 

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

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



### .0909 ofthis 

### 37 Section

.

2

### 1 (g) If a violation ofthe 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. Bythe following May 1, the Director shall implementthe specific stationary source 

### 6 control measures contained in this Section that are required as part ofthe 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 bythe 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 bythe 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 ofthe 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 ofthis Section 

### 16 informing them that they are or may be subject to the requirements ofthis Section. (For Forsyth County, 17 "Director" means for the purpose of notifying permitted facilities in Forsyth County, the Director ofthe 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 ofthe ambient air quality standard for ozone is measured in accordance with 

### 40 CFR 21 

### 50.9 in Durham orWake 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 ofthe 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 identifythe rules that are to be implemented and shall 28 identify whether the rules implemented are to apply in Durham orWake 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 ofthis Section informing them that they 33 are or may be subject to the requirements ofthis Section. Compliance shall be in accordance with Rule 34 

### .0909 ofthis Section. 35 (i) 

### Sources whose emissions ofvolatile organic compounds are not subject to limitation underthis 36 Section may still be subject to emission limits on volatile organic compounds in Rules, .0524, .1110, or 

### 37 .1111 ofthis Subchapter.



### 3

### 1 

### 2 HistoryNote: 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

. 

### 6 

### 7 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) ofthis Rule, this Rule applies to all sources 

### 13 covered by Paragraphs Paragraph

# m. (g). or (h) (e), (f), or (g) of Rule

.0902 ofthis Section

. 14 (b) Exceptions. This Rule does not applyto: 15 (1) sources in Mecklenburg County required to comply with the requirements ofthis Section 

### 16 under Rule

.OQ02(c) .0902(e) ofthis Section; 

### 17 18 

### 19 

## 20 21 22 

### 23 

## 24 25 

## 26 27 28 

## 29 30 31 32 33 34 

## 35 36 37 (2) sources covered under Rule .0953 or .0954 ofthis Section; or (3) sources required to comply with the requirements ofthis Section under Rule .0902(a) .0902(c) ofthis Section. (c) Maintenance areas

. The owner or operator of any source subject to this Rule because ofthe application of Paragraphs 

### Paragraph [ · ] ( e), (f), or (g) 

### Cql. or 

### (h) of Rule .0902 ofthis 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 thatan af{:la is In \'iolation oftAo 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 ofthe emission control and process equipment shall begin ; and
a date by which on-site construction or installation ofthe emission control and process equipment shall be completed;



### 4

### 1 

## 2 3 4 5 6 7 

### 8 9 10 11 12 13 14 15 16 17 18 19 20 21 

## 22 23 24 25 

### 26 

## 27 28 (2)



### (3) (C) Final compliance shall be achieved within three years after the Director notices**~ ~e** **N~AI=I** Carelina Register U:\at the**a~a** js**_i~** vi

_ 'i)lalien ef**~e am~ient**  air

. qYalit:y**s~EJarEl ~re.mne** **the** implementation ofrules in the North Carolina Register that resolves a violation ofthe ambient air qualitY standard for ozone

. ifcompliance 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 9ftRe ambiQnt airqi:lality**~janc;ja~J:Q.F** e.mne; the implementation ofrules in the North Carolina

.Register thatresolves a violation ofthe ambient air quality standard for ozone: The compliance schedule shall contain the following increments: (i)

(ii)
(iii)
(iv) (v) a date bywhich research and development of low solvent content coating shall be completed ifthe 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 efthQ ambieF)t air

### q~:~a!i!Y stanEJaf:EI fer**e~er:le .**  the implementation ofrules in

.the 

### North Carolina Register that resolves a Violation ofthe ambient air qualitystandard 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 ofany source subject to this Rule because ofthe 

### 31 application of Paragraphs (f) of Rule 

### .0902 ofthis Section shall adhere to the following increments of 

### 32 progress and schedules: 

### 33 34 

## 35 36 37 (1) ifcompliance 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:



### 5

### 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 (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 ofthe emission control and process equipment shall begin; and
a date by which on-site construction or installation ofthe emission control and process equipment shall be completed; Final compliance shall be achieved no later than [ 1April 1.2009
. ifcompliance is to be achieved by using lowsolvent 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 ifthe 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 lowsolvent 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) Ifthe 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 offinal compliance

. 34 (f) The owner or operator ofany new source ofvolatile organic compounds not in existence or under 35 construction as ofthe date that the Director notices in the North Carolina Register in accordance with 

### 36 Paragraphs (e), (f), or (g) of Rule



### .0002 ofthis Section that the area is in violation ofthe ambient air



### 6

### 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) ofthis Rule shall not apply to 5 sources that are in compliance with applicable rules ofthis Section when the Director 

### 6 notices in *he North

.CaFOiinCI RegisterJhat tRe aFea is ig violalionoftRe ambient air 

### 7 qtoJalttyt;*etndaFd 

## k>f 9zone the implementation of rules in the North Carolina Reaister that 

### 8 resolves a violation ofthe im1bient airquality standard for ozone and that have 

### 9 determined and certified compliance to the satisfaction ofthe 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 ofthe 

### 12 ambient air quality standard for oione. 

### 13 (2) Nonattainment areas. Paragraphs (d) ofthis 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 ofthis Section on [ 1March 1I 

### 2007

. 

### 16 (g) New sources. 

### 17 (1) Maintenance areas. The owner or operator ofany new source ofvolatile 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 ofthis Section 

## r 1 the implementation of rules in the North Carolina Realster that 

### 21 resolves a violation ofthe ambient air quality standard for ozone: shall comply with all 

## 22 23 

## 24 25 

## 26 27 (2) applicable rules in this Section upon start-up ofthe source

. Nonattainment areas. The owner or operator ofany new source ofvolatile organic compounds not in existence or under construction before [
·]March 1I 

### 2007 in an area Identified in Paragraph CO of Rule 

### 10902 shall comply with all applicable rules in this Section upon start-up ofthe source.

28 HistoryNote: Authority

### G.S. 143-215

.3(a)(1); 143-215. 107(a)(5); 

### 29 Eft. July 1, 1979; 

### 30 

### 31 32 33 AmendedEft. 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.



### 7

# •

1 (-a1{Q.} The requirements ofthis Section shall applyto all sources May 1through September 30 ofeach 

## 2 year. 

### 3**~** Rules .1409(b) and.1416 through .1423 ofthis Section apply statewide. 

### 4 {d) The Rules .1407 through .1409 and .1413 ofthis Section applyto sources with the potential to emit 

### 5 100 ton or more nitrogen oxides peryear in the following areas: 

### 6 {1) Cabarrus County 

### 7 8 

### 9 10 11 {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 ofthis Section apply to sources identified according to 

### 14 Paragraph (d) ofthis Rule. 

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

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

### 17 Paragraph (e) ofthis Rule; 

### 18 19 

## 20 21 

## 22 23 (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) ofthis Rule; or Raleigh/Durham, consisting of Durham and Wake Counties and Dutchville Township in Granville County according to Paragraph (g) ofthis Rule. 

### 24 (e) Ifa violation ofthe 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. Bythe 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 ofthe control strategy necessaryto 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 bythe analysis by notice in the North Carolina Register. The notice shall identify the rules 

### 32 that are to be implemented and shall identifywhether 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 ofthe 

### 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 ofthis Section informing them that they are 

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



### 8

# •

1 purpose of notifying permitted facilities in Mecklenburg County, the Director ofthe Mecklenburg County 2 local air pollution control program.) Compliance shall be according to Rule .1403 ofthis Section. 

### 3**~** If a violation ofthe ambient air quality standard for ozone is measured according to 40 CFR 50.9 in 

### 4 Davidson, Forsyth, or Guilford County orthat part of Davie County bounded bythe 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 ofthe control strategy necessaryto 

### 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 bythe analysis by 

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

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

### 13 part of Davie County bounded bythe 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 ofthe 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 ofthis Section 

### 18 informing them that they are or may be subject to the requirements ofthis Section. (For Forsyth County, 19 "Director" means for the purpose of notifying permitted facilities in Forsyth County, the Director ofthe 20 Forsyth County local air pollution control program.) Compliance shall be according to Rule .1403 ofthis 

### 21 Section. 22 

## Mill Ifa violation ofthe ambient air quality standard for ozone is measured according to 40 CFR 50.9 in 

### 23 Durham orWake 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 ofthe 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 bythe analysis by notice in the North Carolina 29 Register. The notice shall identifythe rules that are to be implemented and shall identify whether the rules 

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

### 31 combination thereof. At least one week before the scheduled publication date ofthe 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 ofthis Section informing them that they are or may be subject to the 

### 35 requirements ofthis Section. Compliance shall be in according to Rule .1403 ofthis Section. 

### 36**~** Regardless of any other statement ofapplicability ofthis Section, this +A-is Section does not apply 

### 37 to any:



### 9

### 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 (1)
(2) (3) (4) (5)

(6) 

# •

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 orthermal orcatalytic oxidizer used primarily for the control ofair 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 100 tons per year; and (B) less than 560 pounds per calendar day beginning May 1 through September 30 ofany 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 

# =700,280I ES where 

### tequals time in hours and ES equals engine size in horsepower. This exemption shall not apply to any ofthe sources listed in Rules .1417(a)(1) or (2) or .1417(b) ofthis 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 ofoperation as described in 40 CFR 96.4 (b) (1)(ii) and (iii).



### 27 HistoryNote: Authority

### G.S. 143-215.3(a)(1); 143-215. 107(a)(5), (7), (1 0); 

### 28 

## 29 30 31 32 33 34 35 36 

### 37 Eff. April 1, 1995; AmendedEff. April1, 1997; July 1, 1995;Apri/1, 1995; TemporaryAmendmentEft. November 1, 2000; AmendedEff. Apri/1, 2001; TemporaryAmendmentEff. August 1, 2001; AmendedEff. 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) [ 

### 1of 

### 5 Rule .1402 ofthis 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 ofthis 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: 

### 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 (2) (A)

(B)

(C) The owner or operator shall notifythe 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 ofthis Section,within 12 months afterthe 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 ofthis Section, within 12 months afterthe Director's notice in the North Carolina Register to demonstrate compliance with the applicable limitation. Ifcompliance with this Section is to be achieved through the installation ofcombustion 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 afterthe 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 ofthe modification shall be awarded ororders shall be issued for purchase ofcomponent parts; (ii) a date by which installation ofthe modification shall begin; (iii) a date by which installation ofthe modification shall be completed; and (iv) ifthe source is subject to a limitation, a date by which compliance testing shall be completed. Final compliance shall be achieved within three years afterthe Director's notice in the North Carolina Register unless the owner or operator ofthe source petitions the Directorfor an alternative limitation according to Rule .1412 ofthis Section. Ifsuch 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) Ifcompliance with this Section is to be achieved through the implementation ofan emissions averaging plan as provided for in Rule .1410 ofthis Section: (A) The owner or operator shall abide by the applicable requirements of Subparagraphs (b)(1) or (b)(2) ofthis Rule for certification or modification ofeach
source to be included underthe averaging plan; (B)

(C) The owner or operator shall submit a plan to implement an emissions averaging plan according to Rule .141 0 ofthis 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 ofthe emissions averaging plan requires the modification ofone or more ofthe averaging sources. If modification ofone or more ofthe averaging sources is required, final compliance shall be achieved within three years. Ifcompliance with this Section is to be achieved through the implementation ofa seasonal fuel switching program as provided for in Rule .1411 ofthis Section: (A)
(B)

(C) The owner or operator shall make all necessary modifications according to Subparagraph (b)(2) ofthis Rule. The owner or operator shall include a plan for complying with the requirements of Rule .1411 ofthis Section with the permit application required under Part (A) of this Subparagraph. Final compliance shall be achieved within three years afterthe 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 afterthe 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 ofa source subject to this Rule because of 

### 27 Rule 

### .1416 ofthis Section shall: 

## 28 29 

### 30 31 32 33 34 35 36 (1)

(2) submitto the Director before October 1, 2003, a description of howthe source will comply, 'Nhich shall include an estimate ofthe number oftons 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 ofthis 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 ofthis Section ifa permit is needed for source modifications or control device installation or modification; and

122 

### 3 

### 4 5 6 (3) install and implement any required monitoring, rocordkeeping, and reporting requirements before May 1, 2004; ifa permit application is necessaryto install and operate tho monitor, tho permit application shall be submitted by October 1, 2003; ifa permit application is not submitted, tho Director shall modifytho source's permit by January 1, 2004, to insert tho monitoring, rocordkeeping , and reporting requirements necessaryto 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 ofthis 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 oftho number oftons 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 ofthis 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 ofthis Section ifa 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; ifa permit application is necessary to install and 20 operate tho monitor, the permit application shall be submitted by October 1 , 2003; ifa 

### 21 permit application is not submitted, the Director shall modify tho source's permit by 22 January 1 , 2004, to insert tho monitoring, recordkeeping, 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 ofthe 25 applicability of Paragraph (d) of Rule .1402 ofthis 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 ofthis Section, by January 1, 2008 and (C) The owner or operator shall implement any required recordkeeping and reporting requirements, according to Rule .1404 ofthis Section, by January 1, 2008. If compliance with this Section is to be achieved through the installation ofcombustion modification technology or other source modification: (A) The owner or operator shall submit a permit application and a compliance schedule byAugust 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 ofthe modification shall be awarded or orders shall be issued for purchase of**component ~**  parts

.**~** The compliance schedule shall contain a date by which installation ofthe modification shall 

### 9e§iRi- begin

.**~** The compliance schedule shall contain a date bywhich installation ofthe modification shall be**oem~let4;19;** and**complet~ .** **~** Ifthe source is subject to a limitation. the compliance schedule shall contain. 

### 1a 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 ofan emissions averaging plan as provided for in Rule



### .1410 ofthis Section: (A)



### (8)

(C) The owner or operator shall abide by the applicable requirements of Subparagraph (c)( 1) or ( c)(2) ofthis Rule for certification or modification ofeach
source to be included underthe averaging plan: The owner or operator shall submit a plan to implement an emissions averaging plan according to Rule 

### .1410 ofthis Section by August 

### 1, 2007. Final compliance shall be achieved within one year no later than January 1 , 2008. Ifcompliance with this Section is to be achieved through the implementation of a seasonal fuel switching program as provided for in Rule 

### .1411 ofthis Section: (A) The owner or operator shall make all necessary modifications according to Subparagraph (c)(2) ofthis Rule. 

### (8)

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

### .1411 ofthis Section with the permit application required under Part (A) of this Subparagraph. Final compliance shall be achieved no laterthan [ 

### 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) ofthis Rule shall not apply to sources that are in 33 compliance with applicable rules ofthis Section when the Director notices [ 34 

### the implementation of rulesH in the North Carolina Register that resolves a violation ofthe 35 ambient air quality standard for ozone and that have determined and certified compliance 

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



### 14

### 1 

## 2 3 (2) the implementation

# otrules in the North Carolina Register that resolves a violation ofthe ambient air quality standard
. for ozone. Nonattainment areas. Paragraph (c) ofthis Rule shall not apply to sources in an area 4 named in Paragraph (d) of Rule .1402 ofthis Section that are in compliance with 5 applicable rules ofthis 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 ofany 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 ofthis Section, shall comply with all applicable rules in this Section upon start-up ofthe source. The owner or operator ofany new source covered under Rules

.1407, .1408, .1409, .1413, or .1418 ofthis Section shall comply with all applicable rules in this Section upon start-up ofthe source

. Nonattainment areas. The owner or operator ofany new source of nitrogen oxides not permitted before [ 

### l March 1
. 2008 in an area identified in Paragraph (d) of Rule

.1402 ofthis-Section

. shall comply with all applicable rules in this Section upon start-up ofthe
source

.


### 19 HistoryNote: 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; AmendedEff. April1, 1997 ; TemporaryAmendment Eff. November 1, 2000 ; AmendedEff. April1, 2001; TemporaryAmendmentEff. August 1, 2001; AmendedEff. March 1. 2007; July 18, 2002.



### 15