North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1900 - OPEN BURNING › Section 02D .1902 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purpose of this Section, the following definitions
					 apply:
(1) "Air Curtain Incinerator"
				  means a stationary or portable combustion device that operates by directing a
				  plane of high velocity forced draft air through a manifold head onto an open
				  chamber, pit, or container with vertical walls to maintain a curtain of air
				  over the surface of the pit and a recirculating motion of air under the
				  curtain. These incinerators can be built above or below ground and be
				  constructed with or without refractory walls and floors. These shall not
				  include conventional combustion devices with enclosed fireboxes or controlled
				  air technology such as mass burn, modular, or fluidized bed
				  combustors.
(2) "Air Quality Action
				  Day Code 'Orange' or above" means an air quality index of 101 or greater as
				  defined in 40 CFR Part 58, Appendix G. This includes Codes Orange, Red, Purple,
				  and Maroon.
(3) "Dangerous
				  materials" means explosives or containers used in the holding or transporting
				  of explosives.
(4) "Initiated"
				  means to start or ignite a fire or reignite or rekindle a fire.
(5) "Land clearing" means the uprooting or
				  clearing of vegetation in connection with construction for buildings;
				  agricultural, residential, commercial, institutional, or industrial
				  development; mining activities; or the initial clearing of vegetation to
				  enhance property value. This term does not include regularly scheduled
				  maintenance or property clean-up activities.
(6) "Log" means any limb or trunk whose
				  diameter exceeds six inches.
(7)
				  "Nonattainment area" means an area designated in
				  40 CFR
				  81.334 as nonattainment.
(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.
(9)
				  "Occupied structure" means a building where people can be reasonably expected
				  to be present or a building used for housing farm or domestic
				  animals.
(10) "Off-site" means any
				  area not on the premises of the land-clearing activities.
(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.
(12) "Person" as used in
				  15A NCAC
				  02D .1901 means:
(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 or she has
				  directly or indirectly allowed the open burning or the Division determined,
				  based upon an investigation into the open burn, that the land owner has
				  benefited from it.