reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1400 - NITROGEN OXIDES › Section 02D .1416 - REPEALED - EMISSION ALLOCATIONS FOR UTILITY COMPANIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(5), (7),
					 (10);
Temporary Adoption Eff.
					 November 1, 2000;
Eff. April 1, 2001;
Temporary
					 Amendment Eff. August 1, 2001;
Amended Eff. June 1, 2004; July 18,
					 2002;
Temporary Amendment Eff. December 31, 2008(this amendment
					 replaces the repeal approved by RRC on May 15, 2008);
Repealed Eff.
					 September 29, 2009(repeal approved by RRC on May 15,
					 2008).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1400 - NITROGEN OXIDES › Section 02D .1417 - REPEALED - EMISSION ALLOCATIONS FOR LARGE COMBUSTION SOURCES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(5), (7),
					 (10);
Temporary Adoption Eff.
					 November 1, 2000;
Temporary Adoption Eff. August 1,
					 2001;
Eff. July 18, 2002;
Amended Eff. June 1,
					 2004;
Temporary Amendment Eff. December 31, 2008(this amendment
					 replaces the repeal approved by RRC on May 15, 2008);
Repealed Eff.
					 September 29, 2009(repeal approved by RRC on May 15,
					 2008).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1400 - NITROGEN OXIDES › Section 02D .1418 - NEW ELECTRIC GENERATING UNITS, BOILERS, COMBUSTION TURBINES, AND I/C ENGINES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Electric generating units. Emissions of
				  NOx 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 meet the applicable requirement:
(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
				  regulated by
				  15A NCAC
				  02D .0530 or
				  02D .0531;
(2) if regulated by
				  15A NCAC
				  02D .0530, meet the best available control
				  technology requirements in
				  15A NCAC
				  02D .0530 or 0.15 pounds per million Btu for
				  gaseous and solid fuels and 0.18 pounds per million Btu for liquid fuels,
				  whichever requires the greater degree of reduction; or
(3) if regulated by
				  15A NCAC
				  02D .0531, meet the lowest available emission
				  rate technology requirements in
				  15A NCAC
				  02D .0531.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1400 - NITROGEN OXIDES › Section 02D .1419-.1422

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.65;
					 143-215.66;
					 143-215.107(a)(5), (7),
					 (10);
Temporary Adoption Eff.
					 August 1, 2001; November 1, 2000;
Eff. July 18, 2002;
Amended Eff. June 1, 2004;
Temporary Amendment Eff. December 31,
					 2008(this amendment replaces the repeal approved by RRC on May 15,
					 2008);
Repealed Eff. September 29, 2009(repeal approved by RRC on
					 May 15, 2008).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1400 - NITROGEN OXIDES › Section 02D .1423 - LARGE INTERNAL COMBUSTION ENGINES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Applicability. This Rule applies to the following internal combustion engines
				  permitted after October 30, 2000 that are subject to
				  15A NCAC
				  02D .1418 but are not subject to
				  15A NCAC
				  02D .0530 or
				  02D .0531:
(1) rich burn stationary internal combustion
				  engines rated at greater than or equal to 2,400 brake horsepower;
(2) lean burn stationary internal combustion
				  engines rated at greater than or equal to 2,400 brake horsepower;
(3) diesel stationary internal combustion
				  engines rated at greater than or equal to 3,000 brake horsepower; or
(4) dual fuel stationary internal combustion
				  engines rated at greater than or equal to 4,400 brake horsepower.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1400 - NITROGEN OXIDES › Section 02D .1425 - NOX SIP CALL BUDGET

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule
				  establishes general provisions and reporting requirements for the NOx SIP Call
				  control period budgets pursuant to
				  40 CFR
				  51.121 through
				  51.122.
(b) The owner or operator of an EGU or large
				  non-EGU as defined in
				  15A NCAC
				  02D .1401 shall submit a report to the
				  Division no later than January 30 of the calendar year after the NOx SIP Call
				  control period listing the NOx emissions from these sources during the NOx SIP
				  Call control period. The NOx emissions in this report shall be determined in
				  accordance with 40 CFR Part 75 for EGUs and large non-EGUs subject to
				  15A NCAC
				  02D .1418, and in accordance with
				  15A NCAC
				  02D .1424 for large non-EGUs using
				  alternative monitoring.
(c) The
				  information provided by the EGU and large non-EGU sources will be used to
				  evaluate state level NOx budgets in Paragraph (d) of this Rule. The sum of the
				  tons of NOx emitted from all such units in each control period beginning after
				  the effective date of this rule shall not exceed this budget amount.
(d) For North Carolina's NOx Budget Program,
				  the following budgets shall apply:
(1) The
				  total NOx SIP Call control period budget for EGUs is 31,212 tons; and
(2) The total NOx SIP Call control period
				  budget for large non-EGUs is 2,329 tons.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1500 - TRANSPORTATION CONFORMITY › Section 02D .1501-.1504

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(10);
Eff. April 1, 1995;
Amended Eff. July 1, 1998;
Repealed
					 Eff. April 1, 1999.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1600 - GENERAL CONFORMITY › Section 02D .1601-.1603 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(10);
Eff. April 1, 1995;
Amended Eff. April 1, 1999; July 1,
					 1998;
Expired Eff. February 1, 2016 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1700 - MUNICIPAL SOLID WASTE LANDFILLS › Section 02D .1701 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The definitions in
					 40 CFR
					 60.41f apply to this
					 Section.
Authority
					 G.S.
					 143-215.3(a)(1);
Eff. July 1, 1998;
Readopted Eff. October 1, 2020;
Amended Eff. July 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1700 - MUNICIPAL SOLID WASTE LANDFILLS › Section 02D .1702 - APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Section
				  applies to each existing Municipal Solid Waste (MSW) landfill that accepted
				  waste since November 8, 1987 and that commenced construction, reconstruction,
				  or modification on or before July 17, 2014.
(b) Physical or operational changes made to
				  an existing MSW landfill solely to comply with an emission standard under this
				  Section are not considered a modification or reconstruction, and do not subject
				  an existing MSW landfill to the requirements of
				  40 CFR
				  60, Subpart XXX or
				  15A NCAC
				  02D .0524.
(c) An MSW landfill shall follow the
				  permitting and reporting requirements of
				  40 CFR
				  60.31f(c) through
				  (e).
Authority
					 143-215.3(a)(1); 143-215.107(a)(5); 143-215.107(a)(10);
Eff. July
					 1, 1998;
Readopted Eff. October 1, 2020;
Amended Eff.
					 July 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1700 - MUNICIPAL SOLID WASTE LANDFILLS › Section 02D .1703 - EMISSION STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any MSW
				  landfill subject to this Section and having a design capacity greater than or
				  equal to 2.5 million megagrams by mass and 2.5 million cubic meters by volume
				  shall be required to collect and control MSW landfill emissions if the
				  following conditions apply:
(1) The landfill
				  has accepted waste at any time since November 8, 1987 or has additional design
				  capacity available for future waste deposition.
(2) The landfill commenced construction,
				  reconstruction, or modification on or before July 17, 2014.
(3) The landfill has an NMOC emission rate
				  greater than or equal to 34 megagrams per year or Tier 4 surface emissions
				  monitoring shows a surface emission concentration of 500 parts per million
				  methane or greater.
(4) The
				  landfill is in the closed landfill subcategory and has an NMOC emission rate
				  greater than or equal to 50 megagrams per year or Tier 4 surface emissions
				  monitoring shows a surface emission concentration of 500 parts per million
				  methane or greater.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1700 - MUNICIPAL SOLID WASTE LANDFILLS › Section 02D .1704 - TEST METHODS AND PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
The MSW landfill NMOC emission rate shall be calculated, or
					 a surface emission monitoring demonstration be conducted, by following the
					 procedures in 40 CFR
					 60.35f, as applicable, to determine whether
					 the landfill meets the conditions of
					 15A NCAC
					 02D .1703(a)(3) or (4). The
					 owner or operator shall submit reports following the procedures pursuant to
					 60.38f(j).
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.66;
					 143-215.107(a)(5);
					 143-215.107(a)(10);
Eff. July 1, 1998;
Readopted Eff. October 1, 2020;
Amended Eff. July 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1700 - MUNICIPAL SOLID WASTE LANDFILLS › Section 02D .1705 - OPERATIONAL STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
The owner and operator of a MSW landfill required to
					 install a landfill gas collection and control system to comply with
					 15A NCAC
					 02D .1703(b) and (c)
					 shall:
(1) operate the collection
				  system such that gas is collected from each area, cell, or group of cells in
				  the MSW landfill in which solid waste has been in place for:
(a) five years or more if active;
				  or
(b) two years or more if closed
				  or at final grade;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1700 - MUNICIPAL SOLID WASTE LANDFILLS › Section 02D .1706 - COMPLIANCE PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Compliance with
				  15A NCAC
				  02D .1703(b) shall be
				  determined using the gas collection system compliance provisions of
				  40 CFR
				  60.36f(a).
(b) Compliance with
				  15A NCAC
				  02D .1705(1) shall be
				  determined using the controlled landfill gas well and design component
				  provisions of 40 CFR
				  60.36f(b).
(c) Compliance with the surface methane
				  operational standards of
				  15A NCAC
				  02D .1705(4) shall be
				  determined using the procedures of
				  40 CFR
				  60.36f(c).
(d) To comply with the provisions in
				  Paragraph (c) of this Rule or
				  40 CFR
				  60.35f(a)(6), the owner or
				  operator shall comply with the instrumentation specifications and procedures
				  for surface emission monitoring devices provisions of
				  40 CFR
				  60.36f(d).
(e) The provisions of this Rule apply, except
				  during periods of start-up, shutdown, or malfunction. During periods of
				  startup, shutdown, and malfunction, the owner or operator shall comply with the
				  work practice specified in 40 CFR 60.34f(e)
				  in lieu of the compliance provisions in
				  40 CFR
				  60.36f.
(f) The owner or operator may choose to
				  comply with the provisions of
				  40 CFR
				  63.1960 in lieu of Paragraphs (a) through (e)
				  of this Rule. Once the owner or operator begins to comply with the provisions
				  of 40 CFR
				  63.1960, the owner or operator shall continue
				  to operate the collection and control device according to those provisions and
				  shall not return to the provisions of this Rule.
(g) Compliance with the specifications for
				  active collection systems in
				  15A NCAC
				  02D .1703(b) shall be
				  determined using the provisions of
				  40 CFR
				  60.40f(a) and (b).
(h) Compliance with the specifications for
				  active collection systems in
				  15A NCAC
				  02D .1703(c) shall be
				  determined using the provisions of
				  40 CFR
				  60.40f(c).
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.66;
					 143-215.107(a)(5);
					 143-215.107(a)(10);
Eff. July 1, 1998;
Readopted Eff. October 1, 2020;
Amended Eff. July 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1700 - MUNICIPAL SOLID WASTE LANDFILLS › Section 02D .1708 - REPORTING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The owner or operator of an existing MSW
				  landfill subject to this Rule according to 15A NCAC 02D .1702 shall submit a
				  design capacity report to the Director as follows:
(1) The initial design capacity report shall
				  be submitted no later than 90 days after the effective date of the EPA approval
				  of the State Plan pursuant to Section 111(d) of the Clean Air Act.
(2) The initial design capacity report shall
				  contain the information given in  40 CFR 60.38f(a)(1)  and  40 CFR 60.38f(a)(2).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1700 - MUNICIPAL SOLID WASTE LANDFILLS › Section 02D .1710 - COMPLIANCE SCHEDULES

Current through Register Vol. 39, No. 2, July 15, 2024
For each existing MSW landfill subject to this Section as
					 specified in
					 15A NCAC
					 02D .1702 and meeting the design capacity
					 condition of
					 15A NCAC
					 02D .1703(a) whose NMOC
					 emission rate is less than 34 megagrams per year on or after the most recent
					 effective date of this Rule, shall:
(1) submit a site-specific design plan for
				  the gas collection and control system to the Director within 12 months of first
				  exceeding the NMOC emission rate of 34 megagrams per year and 50 megagrams per
				  year for the closed landfill subcategory; and
(2) plan, award contracts, and install MSW
				  landfill air emission collection and control system capable of meeting the
				  emission standards established pursuant to
				  15A NCAC
				  02D .1703 within 30 months of the date when
				  the conditions in
				  15A NCAC
				  02D .1703 (a)(3) are met.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(4);
					 143-215.107(a)(5);
Eff. July 1, 1998;
Readopted Eff. October 1, 2020;
Amended Eff. July 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1800 - CONTROL OF ODORS › Section 02D .1802 - CONTROL OF ODORS FROM ANIMAL OPERATIONS USING LIQUID ANIMAL WASTE MANAGEMENT SYSTEMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Purpose. The purpose of this Rule is to
				  control objectionable odors from animal operations beyond the boundaries of
				  animal operations.
(b)
				  Applicability. This Rule shall apply to all animal operations using liquid
				  animal waste management systems.
(c) Required management practices. All animal
				  operations shall be required to implement applicable management practices for
				  the control of odors as follows:
(1) the
				  carcasses of dead animals shall be disposed in accordance with
				  G.S.
				  106-403 and
				  02 NCAC
				  52C .0102. The Rule
				  02 NCAC
				  52C .0102 is hereby incorporated by reference
				  and includes subsequent amendments or editions;
(2) waste from animal wastewater application
				  spray systems shall be applied in such a manner and pursuant to such conditions
				  to prevent drift from the irrigation field of the wastewater spray beyond the
				  boundary of the animal operation, except waste from application spray systems
				  may be applied in an emergency to maintain safe lagoon freeboard if the owner
				  or operator notifies the Department and resolves the emergency with the
				  Department as written in the Swine Waste Operation General Permit;
(3) animal wastewater application spray
				  system intakes shall be located near the liquid surface of the animal
				  wastewater lagoon;
(4) ventilation
				  fans shall be maintained according to the manufacturer's specifications;
				  and
(5) animal feed storage
				  containers located outside of animal containment buildings shall be
				  coveredexcept when removing or adding feed. This Subparagraph shall not apply
				  to the storage of silage or hay or to commodity boxes with roofs.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1800 - CONTROL OF ODORS › Section 02D .1803 - BEST MANAGEMENT PLANS FOR ANIMAL OPERATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Contents of a best management plan. The best management plan for animal
				  operations shall:
(1) identify the name,
				  location, and owner of the animal operation;
(2) identify the name, title, address, and
				  telephone number of the person filing the plan;
(3) identify the sources of odor within the
				  animal operation;
(4) describe how
				  odor will be controlled from:
(A) the animal
				  houses;
(B) the animal wastewater
				  lagoon, if used;
(C) the animal
				  wastewater application lands, if used;
(D) waste conveyances and temporary
				  accumulation points; and
(E) other
				  possible sources of odor within the animal operation;
(5) contain a diagram showing all structures
				  and lagoons at the animal operation, forced air directions, and approximate
				  distances to structures or groups of structures within 3000 feet of the
				  property line of the animal operation; an aerial photograph may be submitted in
				  place of a diagram provided the items required in accordance with this
				  Subparagraph of this Rule are shown;
(6) for existing animal operations, contain a
				  schedule not to exceed six months by which the plan will be implemented. A new
				  animal operation shall and be in compliance with its best management plan when
				  it begins operations. For an amended best management plan, the implementation
				  schedule shall not exceed six months;
(7) describe how the plan will be
				  implemented, including training of personnel;
(8) describe inspection and maintenance
				  procedures; and
(9) describe
				  methods of monitoring and recordkeeping to verify compliance with the
				  plan.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1800 - CONTROL OF ODORS › Section 02D .1804 - REPORTING REQUIREMENTS FOR ANIMAL OPERATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
If the Department receives an odor complaint about an
					 animal operation, the Department may require the owner or operator of the
					 animal operation to submit the following information to investigate the odor
					 compliant:
(1) the name and location
				  of the animal operation;
(2) the
				  name, title, address, and telephone number of the person reporting;
(3) the type and number of animals at the
				  animal operation;
(4) potential
				  sources of odors, such as animal housing structures, lagoons, collection and
				  handling devices, and storage containers, with a physical description of these
				  sources;
(5) waste water land
				  application procedures; and
(6)
				  measures taken to reduce odors.
The owner or operator shall submit this information to the
					 Division within 15 days after receipt of the request.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.65;
					 143-215.66;
					 143-215.107(a)(11)
Temporary Adoption Eff. March 1, 1999;
Eff. July 1,
					 2000;
Readopted Eff. September 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1800 - CONTROL OF ODORS › Section 02D .1805 - REPEALED - IMPLEMENTATION PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(11);
Temporary Adoption Eff. March 1, 1999;
Temporary Repeal Eff. May
					 25, 1999.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1800 - CONTROL OF ODORS › Section 02D .1806 - CONTROL AND PROHIBITION OF ODOROUS EMISSIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Purpose. The purpose of this Rule is to provide for the control and prohibition
				  of objectionable odorous emissions.
(b) Definitions. For the purpose of this
				  Rule, the following definitions shall apply:
(1) "Commercial purposes" means activities
				  that require a State or local business license to operate.
(2) "Temporary activities or operations"
				  means activities or operations that are less than 30 days in duration during
				  the course of a calendar year and do not require an air quality
				  permit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1800 - CONTROL OF ODORS › Section 02D .1808 - EVALUATION OF NEW OR MODIFIED SWINE FARMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Purpose. The purpose of this Rule is to specify the methods for evaluating new
				  or modified swine farms for compliance with the performance standard in
				  G.S.
				  143-215.10I(b)(3).
(b) Applicability. This Rule applies to new
				  or modified swine farms required by
				  G.S.
				  143-215.10I to meet the performance standard
				  in G.S.
				  143-215.10I(b)(3).
(c) Requirements. New or modified swine farms
				  subject to this Rule shall comply with the requirements in this
				  Section.
(d) Evaluation of new or
				  modified swine farms. For the purpose of evaluating odor at new or modified
				  swine farms for compliance with the performance standard in
				  G.S.
				  143-215.10I(b)(3), the
				  following shall apply:
(1) When a field
				  olfactometry method and instrumentation is used to determine odor intensity at
				  the designated evaluation location, as specified in
				  15A NCAC
				  02D .1802(e), the measured
				  dilution-to-threshold ratio shall be less than or equal to 7:1 as determined
				  using the manufacturer's instrument procedures and instructions; or
(2) When odor intensity is determined using
				  an Odor Intensity Referencing Scale (OIRS) as specified in ASTM 544-99, the
				  instantaneous observed level shall be less than the equivalent of 225 parts per
				  million n-butanol in air. In addition, the average of 30 consecutive
				  observations conducted over a minimum of 30-minutes at designated evaluation
				  locations shall be less than the equivalent of 75 parts per million n-butanol
				  in air and a minimum of 4 readings out of the minimum 30 readings shall be less
				  than or equal to the equivalent 25 parts per million n-butanol in
				  air.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1900 - OPEN BURNING › Section 02D .1901 - OPEN BURNING: PURPOSE: SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Open Burning Prohibited. A person shall not cause, allow, or permit open
				  burning of combustible material except as allowed by
				  15A NCAC
				  02D .1903 and
				  02D .1904.
(b) Purpose. The purpose of this Section is
				  to control air pollution resulting from the open burning of combustible
				  materials and to protect the air quality in the immediate area of the open
				  burning.
(c) Scope. This Section
				  applies to all operations involving open burning. This Section does not
				  authorize any open burning that is a crime pursuant to
				  G.S.
				  14-136,
				  G.S.
				  14-137,
				  G.S.
				  14-138.1 and
				  G.S.
				  14-140.1, or affect the authority of the
				  North Carolina Forest Service to issue or deny permits for open burning in or
				  adjacent to woodlands as provided in
				  G.S.
				  106-940 through
				  G.S.
				  106-950. 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 North
				  Carolina Forest Service or any local government does not relieve any person
				  from the necessity of complying with this Section or any other air quality
				  rule.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(5);
Eff. July 1, 1996;
Amended Eff. January 1, 2015; July 1, 2007; June
					 1, 2004;
Readopted Eff. September 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1900 - OPEN BURNING › Section 02D .1903 - OPEN BURNING WITHOUT AN AIR QUALITY PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Open burning is prohibited except open burning allowed pursuant to Paragraph
				  (b) of this Rule or
				  15A NCAC
				  02D .1904. Except as allowed pursuant to
				  Subparagraphs (b)(3) through (b)(9) of this Rule, open burning shall not be
				  initiated in a county that the Department or the Forsyth County Office of
				  Environmental Assistance and Protection, has forecasted to be in an Air Quality
				  Action Day Code "Orange" or above during the 24-hour time period covered by
				  that Air Quality Action Day.
(b)
				  The following types of open burning are permissible without an air quality
				  permit.
(1) The open burning of leaves, logs,
				  stumps, tree branches, or yard trimmings, if the following conditions are met:
(A) the material burned originates on the
				  premises of private residences and is burned on those premises and does not
				  include material collected from multiple private residences and combined for
				  burning;
(B) there are no public
				  pickup services available;
(C)
				  non-vegetative materials, such as household garbage, treated or coated wood, or
				  any other synthetic materials are not burned;
(D) the burning is initiated 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 North Carolina Forest Service or other government agencies have banned
				  burning for that area.
The burning of logs or stumps of any size shall not be
					 considered to create a nuisance for purposes of the application of the open
					 burning air quality permitting exception described in this Subparagraph;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1900 - OPEN BURNING › Section 02D .1904 - AIR CURTAIN INCINERATORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Applicability. This Rule applies to the following air curtain incinerators:
(1) new and existing air curtain incinerators
				  subject to 40 CFR
				  60.2245 through
				  60.2260 or
				  60.2970 through
				  60.2974 that combust the following
				  materials:
(A) 100 percent wood
				  waste;
(B) 100 percent clean
				  lumber;
(C) 100 percent yard waste;
				  or
(D) 100 percent mixture of only
				  wood waste, clean lumber, and yard waste.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1900 - OPEN BURNING › Section 02D .1905 - REGIONAL OFFICE LOCATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Department of Environmental Quality regional offices
					 shall handle inquiries, requests, and plans for facilities located in their
					 respective regions. Contact information for the regional offices may be found
					 on the Division website at
https://deq.nc.gov/about/divisions/air-quality/regional-offices
.
Authority
					 G.S.
					 143-215.3(a)(1);
Eff. July 1, 1996;
Amended Eff. December 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 5, 2016;
Amended Eff.
					 September 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1900 - OPEN BURNING › Section 02D .1906 - DELEGATION TO COUNTY GOVERNMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(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 the program complies with
				  G.S.
				  143-215.112.
(b) The governing body shall submit to the
				  Director documentation demonstrating that the requirements of
				  G.S.
				  143-215.112 have been met. Within 90 days
				  after receiving the submission from the governing body, the Director shall
				  review the documentation to determine if the requirements of
				  G.S.
				  143-215.112 have been met and shall present
				  his or her findings to the Commission. If the Commission determines that the
				  air pollution program meets the requirements in
				  G.S.
				  143-215.112, 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 incinerators at a permanent site as defined in
				  15A NCAC
				  02D .1904.
(d) The three certified local air pollution
				  programs, the Western North Carolina Regional Air Quality Agency, the Forsyth
				  County Office of Environmental Assistance and Protection, and Mecklenburg
				  County Air Quality, a Division of Land Use and Environmental Services Agency,
				  shall continue to enforce open burning rules and have the authority to issue
				  permits for air curtain incinerators as part of their local air pollution
				  programs.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.112;
Eff.
					 July 1, 1996;
Amended Eff. December 1, 2005; June 1,
					 2004;
Readopted Eff. September 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1900 - OPEN BURNING › Section 02D .1907 - MULTIPLE VIOLATIONS ARISING FROM A SINGLE INVESTIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Multiple violations arising from a single
				  investigation of open burning may be assessed multiple penalties using the
				  procedures set forth in
				  G.S.
				  143-215.3(a)(9). In
				  determining the number of violations of the open burning rules, the Director
				  shall consider:
(1) the type of material
				  burned;
(2) the amount of material
				  burned; and
(3) the location of the
				  burn.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .2000 - TRANSPORTATION CONFORMITY › Section 02D .2001 - PURPOSE, SCOPE AND APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of this Section is to assure
				  the conformity of transportation plans, programs, and projects that are
				  developed, funded, or approved by the United States Department of
				  Transportation and by metropolitan planning organizations or other recipients
				  of funds under Title 23 U.S.C. or the Federal Transit Act (49 U.S.C.
				  1601 et seq.), or State or Local only sources
				  of funds, with all plans required of areas designated as nonattainment or
				  maintenance under 40 CFR
				  81.334 for the pollutants specified therein
				  or listed in Paragraph (c) of this Rule.
(b) This Section shall apply to the emissions
				  of volatile organic compounds and nitrogen oxides in the following areas:
(1) townships of Central Cabarrus, Concord,
				  Georgeville, Harrisburg, Kannapolis, Midland, Mount Pleasant, New Gilead,
				  Odell, Poplar Tent, and Rimertown in Cabarrus County;
(2) townships of Crowders Mountain, Dallas,
				  Gastonia, Riverbend, and South Point in Gaston County;
(3) townships of Davidson and Coddle Creek in
				  Iredell County;
(4) townships of
				  Catawba Springs, Lincolnton, and Ironton in Lincoln County;
(5) all townships in Mecklenburg
				  County;
(6) townships of Atwell,
				  China Grove, Franklin, Gold Hill, Litaker, Locke, Providence, Salisbury,
				  Steele, and Unity in Rowan County; and
(7) townships of Goose Creek, Marshville,
				  Monroe, Sandy Ridge, and Vance in Union County.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .2000 - TRANSPORTATION CONFORMITY › Section 02D .2002 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of this Section, the definitions contained
					 in 40 CFR
					 93.101 and the following definitions
					 apply:
(1) "Regionally-significant
				  project" means a transportation project (other than an exempt project under
				  40 CFR
				  93.126) that is on a facility that serves
				  regional transportation needs (such as access to and from the area outside of
				  the region, major activity centers in the region, major planned developments
				  such as new retail malls and sports complexes, or transportation terminals as
				  well as most terminals themselves) and would be included in the modeling of a
				  metropolitan area's transportation network, including all principal arterial
				  highways and all fixed guide-way transit facilities that offer an alternative
				  to regional highway travel.
(2)
				  "Regionally-significant State or local project" means any highway or transit
				  project that is a regionally significant project and that is proposed to
				  receive only non-federal funding assistance or approval through the State or
				  any local program.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(10);
Eff. April 1, 1999;
Readopted Eff. January 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .2000 - TRANSPORTATION CONFORMITY › Section 02D .2004 - DETERMINING TRANSPORTATION-RELATED EMISSIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The procedures in 40 CFR
				  93.122 shall be used to determine regional
				  transportation-related emissions.
(b) The procedures in
				  40 CFR
				  93.123 shall be used to determine localized
				  carbon monoxide concentrations (hot-spot analysis).
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(10);
Eff. April 1, 1999;
Readopted Eff. January 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .2000 - TRANSPORTATION CONFORMITY › Section 02D .2005 - MEMORANDUM OF AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division of
				  Air Quality shall develop and maintain a memorandum of agreement with the North
				  Carolina Department of Transportation, the metropolitan planning organizations
				  of the areas identified in
				  15A NCAC
				  02D .2001, and the United States Department
				  of Transportation to describe the participation and responsibilities of each of
				  these agencies in implementing the requirements of this Section and 40 CFR Part
				  93. For those areas identified in
				  15A NCAC
				  02D .2001 for which there is no metropolitan
				  planning organization, the North Carolina Department of Transportation shall
				  represent those areas for the purposes of the memorandum of agreement. The
				  memorandum of agreement shall include:
(1)
				  consultation procedures described in
				  40 CFR
				  93.105;
(2) the projected time allotted for each
				  agency to review and comment on or to respond to comments on transportation
				  improvement programs, transportation plans, and transportation projects;
				  and
(3) consultation procedures for
				  the development of State Implementation Plans that relate to transportation.
The contents of the Memorandum of Agreement shall comply
					 with the criteria and procedures in the federal Clean Air Act Section 176(c)
					 [42 U.S.C.
					 7401-7671q] and 40 CFR Part 51, Subpart T, 40
					 CFR Part 93, Subpart A, and
					 15A NCAC
					 02D .2001 through
					 02D .2004.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .2100 - RISK MANAGEMENT PROGRAM › Section 02D .2101 - APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Section
				  shall apply to an owner or operator of a stationary source with more than a
				  threshold quantity of a regulated substance in a process as determined by
				  40 CFR
				  68.115, except as set forth in Paragraph (b)
				  of this Rule. An owner or operator of a stationary source shall comply with
				  this Section no later than the latest of the following dates:
(1) June 21, 1999;
(2) three years after the date on which a
				  regulated substance is first listed according to
				  40 CFR
				  68.130; or
(3) the date on which a regulated substance
				  is first present above a threshold quantity in a process.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .2100 - RISK MANAGEMENT PROGRAM › Section 02D .2102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purpose of this Section the definitions set forth
					 in 40 CFR
					 68.3 shall apply with the following
					 exception: "Implementing agency" means the Division of Air
					 Quality.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(10);
Eff. July 1, 2000;
Readopted Eff. November 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .2100 - RISK MANAGEMENT PROGRAM › Section 02D .2103 - REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Except as provided in
					 40 CFR
					 68.2 and
					 15A NCAC 02D .2101(b), the owner
					 or operator of a stationary source governed by this Section shall comply with
					 all the applicable requirements in:
(1)
										40 CFR
				  68.12, General Requirements;
(2)
										40 CFR
				  68.15, Management;
(3) 40 CFR Part 68, Subpart B, Hazard
				  Assessment, including 40 CFR Part 68, Appendix A, Table of Toxic
				  Endpoints;
(4) 40 CFR Part 68,
				  Subpart C, Program 2 Prevention Program;
(5) 40 CFR Part 68, Subpart D, Program 3
				  Prevention Program;
(6) 40 CFR Part
				  68, Subpart E, Emergency Response;
(7) 40 CFR Part 68, Subpart G, Risk
				  Management Plan;
(8)
										40 CFR
				  68.200, Recordkeeping; and
(9)
										40 CFR
				  68.220(f).
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(10);
Eff. July 1, 2000;
Readopted Eff. November 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .2100 - RISK MANAGEMENT PROGRAM › Section 02D .2104 - IMPLEMENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The owner or
				  operator of a stationary source governed by this Section shall:
(1) submit a risk management plan, or a
				  revised plan as required by 40 CFR 68.150, to the
				  Environmental Protection Agency; and
(2) submit a source certification or, in its
				  absence, submit a compliance schedule to meet the requirements of
				  15A NCAC
				  02Q .0508(h)(2).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .2200 - SPECIAL ORDERS › Section 02D .2201 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Section is to implement the provisions
					 of G.S.
					 143-215.110 pertaining to the issuance of air
					 quality Special Orders by the Environmental Management
					 Commission.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.110;
Eff.
					 April 1, 2004;
Readopted Eff. January 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .2200 - SPECIAL ORDERS › Section 02D .2202 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of this Section, the following definitions
					 apply:
(1) "Special Order" means a
				  directive of the Commission to any person whom it finds responsible for causing
				  or contributing to any air pollution in the State. The term includes all orders
				  or instruments issued by the Commission pursuant to
				  G.S.
				  143-215.110.
(2) "Consent Order" means a Special Order
				  into which the Commission enters with the consent of the person who is subject
				  to the order.
Authority
					 G.S.
					 143-212;
					 143-213;
					 143-215.3(a)(1);
					 143-215.110;
Eff.
					 April 1, 2004;
Readopted Eff. January 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .2200 - SPECIAL ORDERS › Section 02D .2203 - PUBLIC NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  requirements of this Rule for public notice and public hearing shall apply to
				  Consent Orders. The Commission may specify other conditions for Special Orders
				  issued without consent if the conditions are needed to achieve or demonstrate
				  compliance with a requirement under this Subchapter or
				  15A NCAC
				  02Q.
(b) Notice of proposed Consent Order:
(1) The Director shall give notice pursuant
				  to G.S.
				  143-215.110(a1).
(2) The Director shall give notice of a
				  proposed Consent Order 30 days prior to final action regarding the Consent
				  Order.
(3) The notice shall be
				  posted on the North Carolina Division of Air Quality web site at
http://deq.nc.gov/about/divisions/air-quality/air-quality-enforcement/special-orders-by-consent
and provided to those persons specified in
				  G.S.
				  143-215.110(a1)(1) for air
				  quality special orders.
(4) The
				  notice shall include the following:
(A) name,
				  address, and telephone number of the Division;
(B) name and address of the person to whom
				  the proposed order is directed;
(C)
				  a brief summary of the conditions of the proposed order, including the period
				  of time during which action must be taken to achieve compliance and the major
				  permit conditions or emission standards that the source will be allowed to
				  exceed during the pendency of the order;
(D) a brief description of the procedures to
				  be followed by the Commission or Director in reaching a final decision on the
				  proposed order, which shall include descriptions of the process for submitting
				  comments and requesting a public hearing. The description shall specify that
				  comments and requests for a public hearing are to be received by the Division
				  within 30 days following the date of public notice; and
(E) a description of the information
				  available for public review, where it can be found, and procedures for
				  obtaining copies of pertinent documents.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .2200 - SPECIAL ORDERS › Section 02D .2204 - FINAL ACTION ON CONSENT ORDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Director shall take final action for the Commission on Consent Orders for
				  which a public hearing has not been held as provided in
				  15A NCAC
				  02D .2203. The final action on the proposed
				  order shall be taken no later than 60 days following publication of the
				  notice.
(b) The Commission shall
				  take final action on Consent Orders for which a public hearing has been held as
				  provided in
				  15A NCAC
				  02D .2203. The final action on the proposed
				  order shall be taken no later than 90 days following the hearing.
Authority
					 G.S.
					 143-215.2;
					 143-215.3(a)(1);
					 143-215.3(a)(4);
					 143-215.110;
Eff.
					 April 1, 2004;
Readopted Eff. January 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .2200 - SPECIAL ORDERS › Section 02D .2205 - NOTIFICATION OF RIGHT TO CONTEST SPECIAL ORDERS ISSUED WITHOUT CONSENT

Current through Register Vol. 39, No. 2, July 15, 2024
For any Special Orders other than Consent Orders, the
					 Commission shall notify the person subject to the order of the procedure set
					 out in G.S. 150B-23 to contest the
					 Special Order.
Authority
					 G.S.
					 143-215.2(b);
					 143-215.3(a)(1);
					 143-215.110(b);
Eff. April 1, 2004;
Readopted Eff. January 1,
					 2018.