reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0700 - TOXIC AIR POLLUTANT PROCEDURES › Section 02Q .0705 - REPEALED - EXISTING FACILITIES AND SIC CALLS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.108;
					 143B-282; S.L. 1989, c. 168, s.
					 45;
Rule originally codified as part of
					 15A NCAC
					 02H .0610;
Eff. July 1,
					 1998;
Repealed Eff. May 1, 2014.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0700 - TOXIC AIR POLLUTANT PROCEDURES › Section 02Q .0706 - MODIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The owner or operator shall comply with Paragraphs (b) and (c) of this Rule for
				  a modification that is subject to a Rule in 15A NCAC 02D other than a Rule in
				  15A NCAC 02D .1100 and that:
(1) requires a
				  permit pursuant to 15A NCAC 02Q .0300 or 02Q .0500; or
(2) occurs at a facility with a permit
				  pursuant to 15A NCAC 02Q .0500 and emits a pollutant that is part of the
				  facility's previous modeling demonstration conducted pursuant to 15A NCAC 02D
				  .1104 and 15A NCAC 02Q .0709, if that modification is not exempted pursuant to
				  15A NCAC 02Q .0702.
This Rule shall not apply to facilities whose emissions of
					 toxic air pollutants result only from insignificant activities, as defined in
					 15A NCAC 02Q .0103(20), or result only from sources exempted pursuant to 15A
					 NCAC 02Q .0102.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0700 - TOXIC AIR POLLUTANT PROCEDURES › Section 02Q .0707 - PREVIOUSLY PERMITTED FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
A facility with a permit that contains a restriction based
					 on the evaluation of a source exempted pursuant to
					 15A NCAC
					 02Q .0702 may request a permit modification
					 to adjust the restriction by removing from consideration the portion of
					 emissions resulting from the exempt source unless the removal of the exempt
					 source will result in an acceptable ambient level in
					 15A NCAC
					 02D .1104 being exceeded. The Director shall
					 modify the permit to remove the applicability of the air toxic rules to the
					 exempt source. No fee shall be charged solely for such a permit
					 modification.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.108;
					 143B-282; S.L. 1989, c. 168, s.
					 45;
Rule originally codified as part of
					 15A NCAC
					 02H .0610;
Eff. July 1,
					 1998;
Readopted Eff. July 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0700 - TOXIC AIR POLLUTANT PROCEDURES › Section 02Q .0708 - COMPLIANCE SCHEDULE FOR PREVIOUSLY UNKNOWN TOXIC AIR POLLUTANT EMISSIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The owner or operator of a facility
				  permitted to emit toxic air pollutants shall submit a permit application within
				  six months after the owner or operator learns of an emission of a previously
				  unknown toxic air pollutant from a source at the facility that would have been
				  included in the permit when it was issued. The application shall include the
				  information required by Paragraph (b) of this Rule.
(b) When an application to revise a permit is
				  submitted under this Rule, the owner or operator shall in addition to the
				  application, submit to the Director:
(1) an
				  evaluation for the pollutant required by this Section and
				  15 NCAC
				  02D .1100 that demonstrates compliance with
				  the acceptable ambient level set forth in
				  15A NCAC
				  02D .1104; or
(2) a compliance schedule containing the
				  information required by Paragraph (c) of this Rule for the proposed
				  modifications to the facility, required to assure compliance with the
				  acceptable ambient level pursuant to this Section and Section
				  15A NCAC
				  02Q .1100.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0700 - TOXIC AIR POLLUTANT PROCEDURES › Section 02Q .0709 - DEMONSTRATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Demonstrations.
				  The owner or operator of a source that is applying for a permit or permit
				  modification to emit toxic air pollutants shall:
(1) demonstrate to the Director through
				  dispersion modeling conducted pursuant to
				  15A NCAC
				  02D .1106 that the emissions of toxic air
				  pollutants from the facility will not cause any acceptable ambient level listed
				  in 15A
				  NCAC 02D .1104 to be exceeded beyond the
				  facility's premises with such exceptions as may be allowed pursuant to
				  15A NCAC
				  02Q .0700; or
(2) demonstrate to the Commission or its
				  delegate that the ambient concentration beyond the premises (adjacent property
				  boundary) for the subject toxic air pollutant will not adversely affect human
				  health (e.g., with a risk assessment specific to the facility) though the
				  concentration is higher than the acceptable ambient level in
				  15A NCAC
				  02D .1104 by providing one of the following
				  demonstrations:
(A) the area where the
				  ambient concentrations are expected to exceed the acceptable ambient levels in
				  15A NCAC
				  02D .1104 is not inhabitable or occupied for
				  the duration of the averaging time of the pollutant of concern; or
(B) new toxicological data that show that the
				  acceptable ambient level in
				  15A NCAC
				  02D .1104 for the pollutant of concern is too
				  low and the facility's ambient impact is below the level indicated by the new
				  toxicological data.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0700 - TOXIC AIR POLLUTANT PROCEDURES › Section 02Q .0710 - PUBLIC NOTICE AND OPPORTUNITY FOR PUBLIC HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the owner or operator of a facility
				  chooses to make a demonstration pursuant to
				  15A NCAC
				  02Q .0709(a)(2) or (b), the
				  Commission or its delegate shall approve or disapprove the permit after a
				  public notice with an opportunity for a public hearing.
(b) The public notice shall be given by
				  publication in a newspaper of general circulation in the area where the
				  facility is located and shall be provided to persons who are on the Division's
				  notification list for air quality permit notices.
(c) The public notice shall identify:
(1) the affected facility;
(2) the name and address of the
				  permittee;
(3) the name and address
				  of the person to whom to send comments and requests for public
				  hearing;
(4) the name, address, and
				  telephone number of a Divisional staff person from whom interested persons may
				  obtain additional information, including copies of the draft permit, the
				  application, compliance plan, pollution prevention plan, monitoring and
				  compliance reports, and other materials available to the Division that are
				  relevant to the permit decision;
(5) the activity or activities involved in
				  the permit action;
(6) emissions
				  change involved in the proposed permit modification;
(7) a brief description of the public comment
				  procedures;
(8) the procedures to
				  follow to request a public hearing unless a public hearing has already been
				  scheduled; and
(9) the time and
				  place of a hearing that has already been scheduled.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0700 - TOXIC AIR POLLUTANT PROCEDURES › Section 02Q .0712 - CALLS BY THE DIRECTOR

Current through Register Vol. 39, No. 2, July 15, 2024
Notwithstanding any other provision of this Section or
					 15A NCAC
					 02D .1100, upon a written finding that a
					 source or facility emitting toxic air pollutants presents an unacceptable risk
					 to human health based on the acceptable ambient levels in
					 15A NCAC
					 02D .1104 or epidemiology studies, the
					 Director shall require the owner or operator of the source or facility to
					 submit a permit application to comply with
					 15A NCAC
					 02D .1100 for any or all of the toxic air
					 pollutants emitted from the facility.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.108;
					 143B-282; S.L. 1989, c. 168, s.
					 45;
Rule originally codified as part of
					 15A NCAC
					 02H .0610;
Eff. July 1,
					 1998;
Readopted Eff. July 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0700 - TOXIC AIR POLLUTANT PROCEDURES › Section 02Q .0713 - REPEALED - POLLUTANTS WITH OTHERWISE APPLICABLE FEDERAL STANDARDS OR REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.108;
					 143B-282; S.L. 1989, c. 168, s.
					 45;
Eff. July 1, 1998;
Repealed Eff. July 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0700 - TOXIC AIR POLLUTANT PROCEDURES › Section 02Q .0714 - REPEALED - WASTEWATER TREATMENT SYSTEMS AT PULP AND PAPER MILLS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.65;
					 143-215.66;
					 143B-282;
Eff. April
					 1, 2005;
Repealed Eff. May 1,
					 2014.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0800 - EXCLUSIONARY RULES › Section 02Q .0801 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Section
				  establishes categories of facilities that may be exempt from the requirements
				  of 15A
				  NCAC 02Q .0500,
				  15A NCAC
				  02D .1111, or 40 CFR Part 63 by defining
				  their potential emissions to be less than:
(1)
				  100 tons per year of each regulated air pollutant;
(2) 10 tons per year of each hazardous air
				  pollutant; and
(3) 25 tons per year
				  of all hazardous air pollutants combined;
as determined by criteria set out in each individual source
					 category rule.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0800 - EXCLUSIONARY RULES › Section 02Q .0802 - GASOLINE SERVICE STATIONS AND DISPENSING FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purpose of this Rule the
				  following definitions shall apply:
(1)
				  "Gasoline dispensing facility" means any site where gasoline is dispensed to
				  motor vehicle gasoline tanks from stationary storage tanks.
(2) "Gasoline service station" means any
				  gasoline dispensing facility where gasoline is sold to the motoring public from
				  stationary storage tanks.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0800 - EXCLUSIONARY RULES › Section 02Q .0803 - COATING, SOLVENT CLEANING, GRAPHIC ARTS OPERATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  For the purposes of this Rule, the following definitions shall apply:
(1) "Coating operation" means a process in
				  which paints, enamels, lacquers, varnishes, inks, dyes, glues, and other
				  similar materials are applied to wood, paper, metal, plastic, textiles, or
				  other types of substrates.
(2)
				  "Solvent cleaning operation" means the use of solvents containing volatile
				  organic compounds to clean soils from metal, plastic, or other types of
				  surfaces.
(3) "Graphic arts
				  operation" means the application of inks to form words, designs, or pictures to
				  a substrate, usually by a series of application rolls each with only partial
				  coverage and usually using letterpress, offset lithography, rotogravure, or
				  flexographic process.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0800 - EXCLUSIONARY RULES › Section 02Q .0804 - DRY CLEANING FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purpose
				  of this Rule, the following definitions shall apply:
(1) "Dry cleaning facility" means an
				  establishment with one or more dry cleaning systems as defined in
				  40 CFR
				  63.321.
(2) "Perchloroethylene consumption" means the
				  total volume of perchloroethylene purchased based upon purchase receipts or
				  other reliable measures.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0800 - EXCLUSIONARY RULES › Section 02Q .0805 - GRAIN ELEVATORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule shall
				  apply to grain elevators that only:
(1)
				  receive grain directly from the farm; and
(2) clean, dry, grind, or store grain before
				  it is transported elsewhere.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0800 - EXCLUSIONARY RULES › Section 02Q .0806 - COTTON GINS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Potential
				  emissions from cotton gins shall be determined using number of bales of cotton,
				  not exceeding 500 pounds each, produced.
(b) A cotton gin that gins less than 167,000
				  bales of cotton per year shall be exempt from the requirements of
				  15A NCAC
				  02Q .0500.
(c) The owner or operator of a cotton gin
				  exempted by this Rule from
				  15A NCAC
				  02Q .0500 shall submit to the regional
				  supervisor of the appropriate Division regional office, by March 1 of each
				  year, a report containing the following information:
(1) the name and location of the cotton
				  gin;
(2) the number of bales of
				  cotton produced during the previous year; and
(3) the signature of a responsible official
				  as defined in
				  15A NCAC
				  02Q .0303 certifying as to the truth and
				  accuracy of the report.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0800 - EXCLUSIONARY RULES › Section 02Q .0807 - EMERGENCY GENERATORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule shall
				  apply to facilities whose only sources requiring a permit are one or more
				  emergency generators or emergency use internal combustion engines and
				  associated fuel storage tanks.
(b)
				  For the purposes of this Rule:
(1) "Emergency
				  generator" means a stationary internal combustion engine used to generate
				  electricity at the facility only during the loss of primary power that is
				  beyond the control of the owner or operator of the facility or during
				  maintenance if necessary to protect the environment. An emergency generator may
				  be operated periodically to ensure that it will operate.
(2) "Emergency use internal combustion
				  engines" means stationary internal combustion engines used to drive pumps,
				  aerators, and other equipment at the facility only during the loss of primary
				  power that is beyond the control of the owner or operator of the facility or
				  during maintenance if necessary to protect the environment. An emergency use
				  internal combustion engine may be operated periodically to ensure that it will
				  operate.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0800 - EXCLUSIONARY RULES › Section 02Q .0808 - PEAK SHAVING GENERATORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule shall
				  apply to facilities whose only sources requiring a permit are one or more peak
				  shaving generators and their associated fuel storage tanks.
(b) For the purpose of this Rule, potential
				  emissions shall be determined using actual total fuel consumption.
(c) A facility whose total fuel consumption
				  by one or more peak shaving generators shall be exempt from the requirements of
				  15A NCAC
				  02Q .0500 if the facility uses:
(1) natural gas burning turbine-driven
				  generators that combust less than or equal to 5,625,000 therms per
				  year;
(2) distillate oil burning
				  turbine-driven generators that combust less than or equal to 1,496,000 gallons
				  per year;
(3) combined fuel
				  (natural gas and six percent or more distillate oil) burning engine-driven
				  generators that combust less than or equal to 633,320 therms natural gas and
				  24,330 gallons distillate oil per year; or
(4) distillate oil burning engine-driven
				  generators that combust less than or equal to 410,580 gallons per
				  year.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0800 - EXCLUSIONARY RULES › Section 02Q .0809 - REPEALED - CONCRETE BATCH PLANTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a);
					 143-215.107(a)(10);
					 143-215.108;
Eff.
					 June 1, 2004;
Repealed Eff. April 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0800 - EXCLUSIONARY RULES › Section 02Q .0810 - AIR CURTAIN BURNERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule shall
				  apply to facilities whose only sources requiring a permit are one or more air
				  curtain burners.
(b) A facility
				  whose air curtain burners combust less than 8,100 tons of land clearing debris
				  per year shall be exempt from the requirements of
				  15A NCAC
				  02Q .0500.
(c) The owner or operator of a air curtain
				  burner exempted by this Rule from the requirements of
				  15A NCAC
				  02Q .0500 shall submit to the regional
				  supervisor of the appropriate Division regional office, by March 1 of each
				  year, a report containing the following information:
(1) the name and location of the
				  facility;
(2) the quantity of
				  material combusted during the previous calendar year; and
(3) the signature of a responsible official,
				  as defined in
				  15A NCAC
				  02Q .0303, certifying as to the truth and
				  accuracy of the report.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0900 - PERMIT EXEMPTIONS › Section 02Q .0901 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of
				  this Section is to define categories of facilities or sources that are exempt
				  from the requirements of
				  15A NCAC
				  02Q .0300.
(b) Sources at a facility required to have a
				  permit pursuant to
				  15A NCAC
				  02Q .0500 shall not be eligible for exemption
				  pursuant to this Section.
(c) This
				  Section shall not apply to activities exempted from permitting pursuant to
				  15A NCAC
				  02Q .0102.
(d) The owner or operator of a facility or
				  source qualified to be governed pursuant to a rule in this Section who chooses
				  not to be governed by that rule shall notify the Director in writing that he or
				  she does not want the facility or source governed by this Section. Along with
				  the notification, the owner or operator shall submit a permit application that
				  meets the requirements of
				  15A NCAC
				  02Q .0300 and the Director shall act on that
				  application pursuant to
				  15A NCAC
				  02Q .0300.
(e) To qualify for exemption pursuant to this
				  Section, the facility or source shall comply with all the requirements in the
				  applicable rule in this Section.
(f) If a facility or source covered in this
				  Section is in violation of the requirements of this Section, the Director shall
				  require that facility or source to be permitted pursuant to
				  15A NCAC
				  02Q .0300 if necessary to obtain or maintain
				  compliance with the requirements in Subchapters 02D and 02Q of this
				  Chapter.
Authority
					 G.S.
					 143-215.3(a);
					 143-215.107(a)(10);
					 143-215.108;
Eff.
					 January 1, 2005;
Readopted Eff. April 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0900 - PERMIT EXEMPTIONS › Section 02Q .0902 - TEMPORARY CRUSHERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the
				  purposes of this Rule, "temporary crusher" means a crusher that will not be
				  operated at any one facility or site for more than 12 months.
(b) This Rule applies to any temporary
				  crusher that:
(1) crushes no more than
				  300,000 tons at any one facility or site;
(2) does not operate at a quarry that has an
				  air permit issued pursuant to this Subchapter;
(3) continuously uses water spray to control
				  emissions from the crusher; and
(4)
				  does not operate at a facility that is required to have a mining permit issued
				  by the Division of Energy, Mineral, and Land Resources.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0900 - PERMIT EXEMPTIONS › Section 02Q .0903 - EMERGENCY GENERATORS AND STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purposes of this Rule, the
				  following definitions shall apply:
(1)
				  "Emergency generator" means an emergency stationary reciprocating internal
				  combustion engine, as defined in
				  40 CFR
				  63.6675.
(2) "Stationary reciprocating internal
				  combustion engine" shall be defined as set forth in
				  40 CFR
				  63.6675.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter R - DIVISION OF MITIGATION SERVICES › Section .0100 - PURPOSE AND DEFINITIONS › Section 02R .0101 - REPEALED - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-214.8;
					 143-214.9;
					 143-215.3;
Eff.
					 August 1, 1998;
Amended Eff. July 3, 2008;
Repealed
					 Eff. March 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter R - DIVISION OF MITIGATION SERVICES › Section .0100 - PURPOSE AND DEFINITIONS › Section 02R .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The definition of any word or phrase used in this
					 Subchapter shall be the same as given in G.S. 143, Article 21. The following
					 words and phrases shall mean:
(1)
				  "Aquatic resources" means wetlands, streams, lakes, rivers, springs, seeps,
				  reservoirs, ponds, groundwater, riparian areas, and the fauna that reside
				  within them. Aquatic resources include permanent, seasonal, flowing, standing,
				  natural, or man-made water bodies.
(2) "Non-riparian wetlands" means Class WL
				  wetlands as defined in
				  15A NCAC
				  02B .0101(c)(8) whose major
				  source of water is precipitation. Examples of non-riparian wetlands include wet
				  flats, pocosins, and ephemeral wetlands.
(3) "Riparian area" means an area that does
				  not meet the definition of wetlands found at
				  15A NCAC
				  02B .0202 and that is located within 300 feet
				  of any perennial or intermittent water body as shown by the most recently
				  published version of the United States Geological Survey 1:24,000 (7.5 minute)
				  scale topographic map (available at
http:viewer.nationalmap.gov
) or other
				  site-specific data.
(4) "Riparian
				  wetlands" means Class WL wetlands as defined in
				  15A NCAC
				  02B .0101(c)(8) whose
				  primary source of water is ground water or surface water. Examples of riparian
				  wetlands include freshwater marshes, swamp forests, bottomland hardwood
				  forests, headwater forests, bog forests, mountain bogs, and seeps.
Authority
					 G.S.
					 143-214.8;
					 143-214.9;
					 143-214.11;
					 143-215.3;
Eff.
					 August 1, 1998;
Readopted Eff. March 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter R - DIVISION OF MITIGATION SERVICES › Section .0200 - BASINWIDE RESTORATION PLANS › Section 02R .0201 - REPEALED - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-214.10;
					 143-215.3;
Eff.
					 August 1, 1998;
Amended Eff. July 3, 2008;
Repealed
					 Eff. March 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter R - DIVISION OF MITIGATION SERVICES › Section .0200 - BASINWIDE RESTORATION PLANS › Section 02R .0202 - COMPONENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Each Basinwide Restoration Plan shall consist of the
					 following components conducted by DMS staff and contractors:
(1) an assessment of the baseline aquatic
				  resource functions within each 8-digit cataloging unit;
(2) an assessment of the potential functional
				  improvement of aquatic resources within each 8-digit cataloging unit;
(3) an identification of aquatic resource
				  areas that have the potential, if restored or enhanced, to contribute to the
				  functional goals identified in the Basinwide Restoration Plans;
(4) an identification of aquatic resource
				  areas that have the potential, if preserved, to contribute to the functional
				  goals identified in the Basinwide Restoration Plans;
(5) a summary of the 8-digit cataloging unit
				  characteristics, identification of priority ecosystem functions that have been
				  degraded or lost, and opportunities for functional improvement; and
(6) an outline of the specific goals to be
				  accomplished through implementation of the Basinwide Restoration
				  Plan.
Authority
					 G.S.
					 143-214.10;
					 143-215.3;
					 143-214.9;
Eff.
					 August 1, 1998;
Readopted Eff. March 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter R - DIVISION OF MITIGATION SERVICES › Section .0200 - BASINWIDE RESTORATION PLANS › Section 02R .0203 - PUBLIC INVOLVEMENT; AVAILABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Secretary or the Secretary's designee
				  shall provide interested parties an opportunity to review and comment on the
				  proposed Basinwide Restoration Plans.
(b) The Basinwide Restoration Plans shall be
				  available for review through the Division of Mitigation Services' website at
http://deq.nc.gov/about/divisions/mitigation-services
.
Authority
					 G.S.
					 143-214.10;
					 143-215.3;
Eff.
					 August 1, 1998;
Amended Eff. July 3, 2008;
Readopted
					 Eff. March 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter R - DIVISION OF MITIGATION SERVICES › Section .0300 - COMPENSATORY MITIGATION › Section 02R .0301 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
All projects implemented for the purpose of satisfying
					 compensatory mitigation requirements of certifications issued by the Department
					 under 33 U.S.C. Section
					 1341 and permits or authorizations issued by
					 the United States Army Corps of Engineers (Corps) under
					 33 U.S.C. Section
					 1344 shall be consistent with the Basinwide
					 Restoration Plan for the appropriate river basin. A project shall be consistent
					 with the Basinwide Restoration Plan if the project demonstrates that it
					 advances the functional improvement goals identified in the Basinwide
					 Restoration Plan or is determined to be consistent by the United States Army
					 Corps of Engineers.
Authority
					 G.S.
					 143-214.11;
					 143-214.12;
					 143-215.3;
Eff.
					 August 1, 1998;
Readopted Eff. March 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter R - DIVISION OF MITIGATION SERVICES › Section .0300 - COMPENSATORY MITIGATION › Section 02R .0302 - MITIGATION BANKS

Current through Register Vol. 39, No. 2, July 15, 2024
All sponsors of mitigation banks that submit a prospectus
					 to the United States Army Corps of Engineers after the effective date of this
					 Rule shall provide the Secretary or the Secretary's designee documentation that
					 the proposed mitigation bank is consistent with the approved Basinwide
					 Restoration Plan for the appropriate river basin and meets the requirements of
					 G.S.
					 143-214.11(f). A mitigation
					 bank is consistent with the Basinwide Restoration Plans if the mitigation bank
					 demonstrates that it advances the functional improvement goals identified in
					 the Basinwide Restoration Plan, is located at a site that is otherwise
					 consistent with the goals outlined in the Basinwide Restoration Plan for the
					 appropriate river basin, or is approved by the United States Army Corps of
					 Engineers. The Secretary or the Secretary's designee shall provide comments
					 concerning this documentation through participation on the Interagency Review
					 Team in accordance with 33 CFR Part 332 Compensatory Mitigation for Losses of
					 Aquatic Resources. The signature of the Secretary or the Secretary's designee
					 on the Mitigation Banking Instrument, described in 33 CFR Part 332, shall be
					 considered as a finding by the Department that the mitigation bank is
					 consistent with the Basinwide Restoration Plan.
Authority
					 G.S.
					 143-214.11;
					 143-214.12;
					 143-215.3;
Eff.
					 August 1, 1998;
Readopted Eff. March 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter R - DIVISION OF MITIGATION SERVICES › Section .0400 - ECOSYSTEM RESTORATION FUND › Section 02R .0401 - REPEALED - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-214.11;
					 143-214.12;
					 143-215.3;
Eff.
					 August 1, 1998;
Amended Eff. July 3, 2008;
Repealed
					 Eff. March 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter R - DIVISION OF MITIGATION SERVICES › Section .0400 - ECOSYSTEM RESTORATION FUND › Section 02R .0402 - RATE SCHEDULE - STREAM AND WETLAND RATES FOR THE NC DIVISION OF MITIGATION SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the
				  purposes of this Rule:
(1) "cost" or "costs"
				  shall mean the NC Division of Mitigation Services In-Lieu Fee Mitigation
				  Program's costs associated with stream or wetland projects in a given rate
				  area, as described in this Rule; and
(2) "credit" or "credits" shall mean the
				  number of credits of stream or wetland compensatory mitigation that have been:
(A) requested by the applicant; and
(B) specified in the approved certifications
				  issued by the Department and in the permits or authorizations issued by the
				  United States Army Corps of Engineers pursuant to
				  33 U.S.C. Section
				  1344.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter R - DIVISION OF MITIGATION SERVICES › Section .0400 - ECOSYSTEM RESTORATION FUND › Section 02R .0403 - DONATION OF PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If approved by
				  the Council of State, donations or dedications of interests in real property
				  for the purposes of restoration, enhancement, or preservation may be accepted
				  by the Secretary or the Secretary's designee if the property is consistent with
				  the Basinwide Restoration Plan for the appropriate river basin subject to the
				  factors listed in Paragraphs (b) and (c) of this Rule, or if the property
				  interest is being donated to satisfy a condition of a certification issued by
				  the Department pursuant to 33 U.S.C. Section 1341.
(b) The factors that shall be considered by
				  the Secretary or the Secretary's designee in determining whether to accept
				  donations or dedications of interests in real property for the purposes of
				  wetland or riparian area restoration or enhancement include the following:
(1) whether the property is:
(A) adjacent to, or will become a part of, a
				  Department compensatory mitigation project;
(B) adjacent to or includes a sensitive
				  natural resource, as identified in the Basinwide Restoration Plan;
(C) adjacent to or includes property on which
				  rare aquatic species, as identified by the North Carolina Natural Heritage
				  Program in the "Natural Heritage Program List of Rare Animal Species of North
				  Carolina" or the "Natural Heritage Program List of the Rare Plant Species of
				  North Carolina," is known to have been found; or
(D) is adjacent to or includes a Significant
				  Natural Heritage Area as identified by the North Carolina Natural Heritage
				  Program at
https://ncnhde.natureserve.org
.
				  These documents are hereby incorporated by reference, including subsequent
				  amendments and editions. Copies of these documents may be obtained from the
				  Department of Natural and Cultural Resources Division of Land and Water
				  Stewardship at
http://www.ncnhp.org/references/
publications/rare-animal-list and
				  http://www.ncnhp.org/references/publications/rare-plant-list;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter R - DIVISION OF MITIGATION SERVICES › Section .0500 - WETLANDS RESTORATION FUND › Section 02R .0501-0504

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-214.11;
					 143-214.12;
Temporary
					 Adoption Eff. May 6, 1997;
Repealed Eff. August 1,
					 1998.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter R - DIVISION OF MITIGATION SERVICES › Section .0600 - RIPARIAN BUFFER RESTORATION FUND › Section 02R .0601 - RIPARIAN BUFFER MITIGATION FEES TO THE NC DIVISION OF MITIGATION SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purposes of this Rule:
(1) "cost" or "costs" shall mean the NC
				  Division of Mitigation Services In-Lieu Fee Mitigation Program's costs
				  associated with riparian buffer mitigation projects in a given rate area, as
				  described in this Rule; and
(2)
				  "credit" or "credits" shall mean the number of credits of riparian buffer
				  compensatory mitigation that have been:
(A)
				  requested by the applicant; and
(B)
				  specified in the approved certifications issued by the Department.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter R - DIVISION OF MITIGATION SERVICES › Section .0600 - RIPARIAN BUFFER RESTORATION FUND › Section 02R .0602 - NUTRIENT OFFSET PAYMENT RATES FOR THE NC DIVISION OF MITIGATION SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purposes of this Rule, the term
				  "cost" or "costs" means the costs of the NC Division of Mitigation Services,
				  hereinafter in this Rule the "Program," associated with nutrient offset
				  projects in a given rate area, as described in this Rule.
(b) The Program shall calculate and publish
				  general offset payment rates applicable to each river basin where Commission
				  rules allow such nutrient offsets and premium watershed rates for specific
				  watersheds as identified in Paragraph (d) of this Rule. All rates shall be
				  based on the per-pound nutrient reduction costs incurred by the Program in
				  those watersheds.
(c) Payment rates
				  shall be developed for nitrogen, phosphorus, or other nutrients as dictated by
				  Commission rules for each river basin. Rates shall be published on the
				  Division's website (
https://deq.nc.gov/about/divisions/mitigation-services
).
(d) Premium Watershed Rates. The Program
				  shall apply premium watershed rates to:
(1)
				  The Neuse 03020201 cataloging unit below the Falls watershed, the Jordan Lake
				  watershed, and the Falls Lake watershed; and
(2) Any eight-digit cataloging unit or
				  smaller watershed that is subject to nutrient management rules where costs are
				  33 percent greater than costs in the larger watershed or river basin where that
				  cataloging unit is located.
The initial rate for a premium watershed with fewer than
					 two nutrient reduction projects that have reached the design stage shall be the
					 highest rate in effect under the Program for the applicable nutrient. The
					 initial rate shall be revised for a premium watershed in the quarter following
					 a quarter in which at least two nutrient reduction projects in that watershed
					 have reached design stage.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0100 - GENERAL CONSIDERATIONS › Section 02S .0101 - SCOPE AND PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Subchapter is to establish the criteria
					 for determining eligibility for certification into the North Carolina
					 Dry-Cleaning Solvent Cleanup Fund program, minimum management practices, a
					 risk-based approach for assessment and remediation of certified facilities, and
					 the criteria for the disbursement of funds from the North Carolina Dry-Cleaning
					 Solvent Cleanup Fund.
Authority
					 G.S.
					 143-215.104D(b);
					 143-215.104F;
					 143-215.104N;
Eff.
					 August 1, 2000;
Amended Eff. September 1, 2007;
Readopted Eff. September 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0100 - GENERAL CONSIDERATIONS › Section 02S .0103 - CALCULATION OF FULL TIME EQUIVALENT EMPLOYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  This Rule governs the calculation of the number of full-time equivalent
				  employees employed by a person who owns a dry-cleaning facility. For the
				  purposes of this Rule, the person who owns the dry-cleaning facility shall be
				  referred to as the "facility owner." If the dry-cleaning facility is jointly
				  owned by more than one person, the full-time equivalent employment associated
				  with the dry-cleaning facility shall be the number of full-time equivalent
				  employees employed in activities related to dry-cleaning by all persons with an
				  ownership interest in the dry-cleaning facility.
(b) The number of full-time employees
				  employed by a facility owner in activities related to dry-cleaning operations
				  shall be the sum of the following:
(1) The
				  number of salaried employees employed by the facility owner in activities
				  related to dry-cleaning operations;
(2) The total number of hours worked in the
				  previous calendar year by non-salaried employees employed by the facility owner
				  in activities related to dry-cleaning operations divided by 2080; and
(3) The lesser of:
(A) the number of persons who hold ownership
				  interests in the dry-cleaning facility, but are not included in Subparagraphs
				  (1) or (2) of this Rule, and who perform activities related to dry-cleaning
				  operations at a dry-cleaning facility in which the persons have ownership
				  interests; or
(B) the total number
				  of hours worked by such persons divided by 2080.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0200 - MINIMUM MANAGEMENT PRACTICES › Section 02S .0201 - APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The provisions contained in this Section set forth the
					 minimum management practices for the storage and handling of dry-cleaning
					 solvents required to be implemented at all dry-cleaning facilities,
					 dry-cleaning solvent wholesale distribution facilities, and abandoned sites.
					 The provisions contained in this Section are applicable only to owners and
					 operators of dry-cleaning facilities, dry-cleaning solvent wholesale
					 distribution facilities, and abandoned sites.
Authority
					 G.S.
					 143-215.104D(b);
Eff. August 1, 2000;
Amended Eff. August 1, 2002;
Readopted Eff. September 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0200 - MINIMUM MANAGEMENT PRACTICES › Section 02S .0202 - REQUIRED MINIMUM MANAGEMENT PRACTICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No
				  abandoned sites shall use underground storage tanks for solvents or
				  waste.
(b) All dry-cleaning
				  facilities and wholesale distribution facilities shall comply with the
				  following minimum management practices:
(1) At
				  no time shall any dry-cleaning solvent, wastes containing dry-cleaning solvent,
				  or water containing dry-cleaning solvent be discharged onto land or into waters
				  of the State, sanitary sewers, storm drains, floor drains, septic systems,
				  boilers, or cooling- towers. All invoices generated as a result of disposal of
				  all dry-cleaning solvent waste shall be made available for review upon request
				  by the Department. If a dry-cleaning facility uses devices such as atomizers,
				  evaporators, carbon filters, or other equipment for the treatment of wastewater
				  containing solvent, all records, including invoices for the purchase,
				  maintenance, and service of the devices, shall be made available upon request
				  by the Department. Records shall be kept for a period of three years.
(2) Spill containment shall be installed and
				  maintained under and around dry-cleaning machines, filters, dry-cleaning
				  solvent pumps, stills, vapor adsorbers, solvent storage areas, and waste
				  solvent storage areas. Spill containment shall have a volumetric capacity of
				  110 percent of the largest vessel, tank, or container within the spill
				  containment area and shall be capable of preventing the release of the liquid
				  dry-cleaning solvent beyond the spill containment area for a period of at least
				  72 hours. All floor drains within or beneath the spill containment area shall
				  be removed or sealed with materials impervious to dry-cleaning solvents.
				  Emergency adsorbent spill clean-up materials shall be on the premises.
				  Facilities shall maintain an emergency response plan that is in compliance with
				  federal, State and local requirements.
(3) All perchloroethylene dry-cleaning
				  machines installed at a dry-cleaning facility after August 1, 2000, shall meet
				  air emissions that equal or exceed the standards that apply to a comparable
				  dry-to-dry perchloroethylene dry-cleaning machine with an integrated
				  refrigerated condenser. All perchloroethylene dry-cleaning facilities shall be
				  in compliance with the EPA Perchloroethylene Dry Cleaner NESHAP: 40 CFR, Part
				  63, Subpart M to be eligible for certification.
(4) Facilities that use perchloroethylene
				  shall use a closed container solvent transfer system by January 1,
				  2002.
(5) No dry-cleaning facility
				  shall use underground storage tanks for solvents or waste.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0300 - PETITIONS FOR CERTIFICATION › Section 02S .0301 - FILING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any potentially
				  responsible party petitioning for certification of a facility site shall file a
				  petition with the Division using the DSCA Petitioner Questionnaire Form
				  provided by the Division. The petition shall include a laboratory analysis
				  demonstrating the presence of dry-cleaning solvent in environmental media at
				  the discovery site. In addition to the requirements of
				  G.S.
				  143-215.104F(b), the DSCA
				  Petitioner Questionnaire Form shall include the following:
(1) petitioner contact information, their
				  corporate status, and their relationship to the facility site;
(2) property owner contact
				  information;
(3) location of the
				  facility site;
(4) status of the
				  facility; and
(5) facility size
				  pursuant to
				  15A NCAC
				  02S .0103.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0300 - PETITIONS FOR CERTIFICATION › Section 02S .0302 - OTHER POTENTIALLY RESPONSIBLE PARTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  After receiving a petition, the Division may notify other potentially
				  responsible parties that a petition has been filed.
(b) The Division may request from any
				  potentially responsible party that has not petitioned for certification of the
				  facility site additional information concerning the dry-cleaning business, the
				  discovery site, or the facility site. The Division may refuse to enter into an
				  assessment or remediation agreement with any potentially responsible party
				  that:
(1) Fails to provide within 60 days any
				  additional information requested by the Division that is in the possession or
				  control of the party, or
(2) Fails
				  or refuses to cooperate in the assessment or remediation of the facility site
				  or the discovery site.
The time for responding to requests for additional
					 information described in this Rule shall be measured from the date a request
					 for information is received by the potentially responsible party from whom the
					 information is requested.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0400 - ASSESSMENT AGREEMENTS › Section 02S .0401 - REPEALED - PRIORITIZATION ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.104D(b);
					 150B-21.2;
Temporary
					 Adoption Eff. June 1, 2001;
Eff. August 1, 2002;
Repealed Eff. September 1, 2007.