SUBCHAPTER 2D - AIR POLLUTION CONTROL REQUIREMENTS

SECTION .0100 - DEFINITIONS AND REFERENCES

15A NCAC 02D .0101	DEFINITIONS

The definition of any word or phrase used in Rules of this Subchapter is
the same as given in Article 21, G.S. 143, as amended. The following
words and phrases, which are not defined in the article, have the
following meaning:

(1)	"Act" means "The North Carolina Water and Air Resources Act."

(2)	"Administrator" means when it appears in any Code of Federal
Regulation incorporated by reference in this Subchapter, the Director of
the Division of Air Quality unless:

(a)	a specific rule in this Subchapter specifies otherwise, or

(b)	the U.S. Environmental Protection Agency in its delegation or
approval specifically states that a specific authority of the
Administrator of the Environmental Protection Agency is not included in
its delegation or approval.

(3)	"Air pollutant" means an air pollution agent or combination of such
agents, including any physical, chemical, biological, radioactive
substance or matter emitted into or otherwise entering the ambient air.

(4)	"Ambient air" means that portion of the atmosphere outside buildings
or other enclosed structures, stacks or ducts, and that surrounds human,
animal or plant life, or property.

(5)	"Approved" means approved by the Director of the Division of Air
Quality according to these Rules.

(6)	"Capture system" means the equipment (including hoods, ducts, fans,
etc.) used to contain, capture, or transport a pollutant to a control
device.

(7)	"CFR" means "Code of Federal Regulations."

(8)	"Combustible material" means any substance that, when ignited, will
burn in air.

(9)	"Construction" means change in method of operation or any physical
change, including on-site fabrication, erection, installation,
replacement, demolition, or modification of a source, that results in a
change in emissions or affects the compliance status.

(10)	"Control device" means equipment (fume incinerator, adsorber,
absorber, scrubber, filter media, cyclone, electrostatic precipitator,
or the like) used to destroy or remove air pollutant(s) before discharge
to the ambient air.

(11)	"Day" means a 24-hour period beginning at midnight.

(12)	"Director" means the Director of the Division of Air Quality unless
otherwise specified.

(13)	"Division" means Division of Air Quality.

(14)	"Dustfall" means particulate matter that settles out of the air and
is expressed in units of grams per square meter per 30-day period.

(15)	"Emission" means the release or discharge, whether directly or
indirectly, of any air pollutant into the ambient air from any source.

(16)	"Facility" means all of the pollutant emitting activities, except
transportation facilities as defined under Rule .0802 of this
Subchapter, that are located on one or more adjacent properties under
common control.

(17)	"FR" means Federal Register.

(18)	"Fugitive emission" means those emissions that could not reasonably
pass through a stack, chimney, vent, or other functionally equivalent
opening.

(19)	"Fuel burning equipment" means equipment whose primary purpose is
the production of energy or power from the combustion of any fuel. The
equipment is generally used for, but not limited to, heating water,
generating or circulating steam, heating air as in warm air furnace, or
furnishing process heat by transferring energy by fluids or through
process vessel walls.

(20)	"Garbage" means any animal and vegetable waste resulting from the
handling, preparation, cooking and serving of food.

(21)	"Incinerator" means a device designed to burn solid, liquid, or
gaseous waste material.

(22)	"Opacity" means that property of a substance tending to obscure
vision and is measured as percent obscuration.

(23)	"Open burning" means any fire whose products of combustion are
emitted directly into the outdoor atmosphere without passing through a
stack or chimney, approved incinerator, or other similar device.

(24)	"Owner or operator" means any person who owns, leases, operates,
controls, or supervises a facility, source, or air pollution control
equipment.

(25)	"Particulate matter" means any material except uncombined water
that exists in a finely divided form as a liquid or solid at standard
conditions.

(26)	"Particulate matter emissions" means all finely divided solid or
liquid material, other than uncombined water, emitted to the ambient air
as measured by methods specified in this Subchapter.

(27)	"Permitted" means any source subject to a permit under this
Subchapter or Subchapter 15A NCAC 02Q.

(28)	"Person" as defined in G.S. 143-212 includes any individual,
partnership, co-partnership, firm, company, corporation, association,
joint stock company, trust, estate, political subdivision, or any other
legal entity, or its legal representative, agent or assigns.

(29)	"PM10" means particulate matter with an aerodynamic diameter less
than or equal to a nominal 10 micrometers as measured by methods
specified in this Subchapter.

(30)	"PM10 emissions" means finely divided solid or liquid material,
with an aerodynamic diameter less than or equal to a nominal 10
micrometers emitted to the ambient air as measured by methods specified
in this Subchapter.

(31)	PM2.5" means particulate matter with an aerodynamic diameter less
than or equal to a nominal 2.5 micrometers as measured by methods
specified in this Subchapter.

(32)	"Refuse" means any garbage, rubbish, or trade waste.

(33)	"Rubbish" means solid or liquid wastes from residences, commercial
establishments, or institutions.

(34)	"Rural area" means an area that is primarily devoted to, but not
necessarily limited to, the following uses: agriculture, recreation,
wildlife management, state park, or any area of natural cover.

(35)	"Salvage operation" means any business, trade, or industry engaged
in whole or in part in salvaging or reclaiming any product or material,
including, but not limited to, metal, chemicals, motor vehicles,
shipping containers, or drums.

(36)	"Smoke" means small gas-borne particles resulting from incomplete
combustion, consisting predominantly of carbon, ash, and other burned or
unburned residue of combustible materials that form a visible plume.

(37)	"Source" means any stationary article, machine, process equipment,
or other contrivance; or any combination; or any tank-truck, trailer, or
railroad tank car; from which air pollutants emanate or are emitted,
either directly or indirectly.

(38)	"Sulfur oxides" means sulfur dioxide, sulfur trioxide, their acids
and the salts of their acids. The concentration of sulfur dioxide is
measured by the methods specified in this Subchapter.

(39)	"Total suspended particulate" means any finely divided solid or
liquid material, except water in uncombined form, that is or has been
airborne as measured by methods specified in this Subchapter.

(40)	"Trade wastes" means all solid, liquid, or gaseous waste materials
or rubbish resulting from combustion, salvage operations, building
operations, or the operation of any business, trade, or industry
including, but not limited to, plastic products, paper, wood, glass,
metal, paint, grease, oil and other petroleum products, chemicals, and
ashes.

(41)	"ug" means micrograms.

History Note:	Authority G.S. 143-213; 143-215.3(a)(1);

Eff. June 1, 1976;

Amended Eff. December 1, 1989; July 1, 1988; July 1, 1984;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until
the permanent rule becomes effective, whichever is sooner;

Amended Eff. December 1, 2005; June 1, 2004; July 1, 1998; July 1, 1996;
July 1, 1994.

15A NCAC 02D .0104	INCORPORATION BY REFERENCE

(a)  Anywhere there is a reference to rules contained in the Code of
Federal Regulations (CFR) or to an American Society for Testing and
Materials method (ASTM) in this Subchapter, those rules and methods are
incorporated by reference.

(b)  The Code of Federal Regulations and American Society for Testing
and Materials methods incorporated by reference in this Subchapter shall
automatically include any later amendments thereto unless a specific
rule specifies otherwise.

(c)  The Code of Federal Regulations may be purchased from the
Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250. The
cost of the referenced documents is as follows:

(1)	40 CFR Parts 1 to 51: fifty dollars ($50.00).

(2)	40 CFR Part 52: thirty-nine dollars ($39.00).

(3)	40 CFR Parts 53 to 59: eleven dollars ($11.00).

(4)	40 CFR Part 60: thirty-six dollars ($36.00).

(5)	40 CFR Parts 61 to 71: thirty-six dollars ($36.00).

(6)	40 CFR Parts 72 to 85: forty-one dollars ($41.00).

(7)	40 CFR Part 86: forty dollars ($40.00).

(8)	40 CFR Parts 87 to 135: five dollars ($5.00).

(9)	40 CFR Parts 260 to 299: forty dollars ($40.00).

These prices are October 15, 1996 prices.

(d)  The American Society for Testing and Materials methods may be
purchased from the Air Quality Division, PO Box 29580, Raleigh, North
Carolina 27626-0580 at a price of twenty cents ($0.20) per page.

History Note:	Authority G.S. 150B-21.6;

Eff. July 1, 1988;

Amended Eff. July 1, 1998; May 1, 1995; December 1, 1992; October 1,
1989.

SECTION .0200 - AIR POLLUTION SOURCES

15A NCAC 02D .0201	CLASSIFICATION OF AIR POLLUTION SOURCES

(a)  Purpose.  This Regulation establishes a system for classifying air
pollution sources.  The Commission shall use this classification system
to classify air pollution sources which the Commission believes to be of
sufficient importance to justify classification or control.

(b)  Scope.  This Regulation shall apply to all air pollution sources,
both combustion and non-combustion.  The following system for
classifying air pollution sources shall be used:

(1)	"Class I-C" includes all sources of air pollution using fuel burning
equipment for the production of heat to generate electricity for public
use.

(2)	"Class II-C" includes all sources of air pollution using fuel
burning equipment for the production of steam, and for other process
uses at commercial and industrial establishments.

(3)	"Class III-C" includes all sources of air pollution using fuel
burning equipment for comfort heating at institutional, commercial or
industrial establishments, or apartment houses having a central heating
system serving more than four apartments.

(4)	"Class IV-C" includes all sources of air pollution burning trash,
rubbish, refuse, or similar materials in incinerators, teepee burners,
or similar devices.

(5)	"Class V-C" includes all sources of air pollution using fuel burning
equipment for comfort heating that are not included in Class III-C.

(6)	"Class VI-C" includes all sources of air pollution using internal
combustion engines.

(7)	"Class I-I" includes all sources of air pollution resulting from
industrial plants engaged in the manufacture of chemicals or allied
products whose processes depend on the chemical reaction of two or more
elements or compounds and includes plants producing acids, fertilizer
materials, dyestuff, synthetic fibers and industrial gases.

(8)	"Class II-I" includes all sources of air pollution resulting from
industrial plants engaged in the production of pulp and paper.

(9)	"Class III-I" includes all sources of air pollution resulting from
the mining and processing of minerals, stone, clay and cement products,
and includes phosphate ore, mica and feldspar operations, stone quarries
and crushers, cement plants, concrete mixing plants, and masonry block
plants.

(10)	"Class IV-I" includes all sources of air pollution resulting from
industrial operations using petroleum products, and includes asphalt mix
plants, roofing felt plants, and petroleum products storage areas.

(11)	"Class V-I" includes all sources of air pollution resulting from
furniture, lumber, or wood product plants.

(12)	"Class VI-I" includes all sources of air pollution resulting from
textile manufacturing, textile dyeing or finishing plants.

(13)	"Class VII-I" includes all sources of air pollution resulting from
the shelling, drying, storage, ginning and processing of tobacco, corn,
soybeans, peanuts, cotton, fruits, vegetables, or other agricultural
products.

(14)	"Class VIII-I" includes all sources of air pollution resulting from
industries engaged in the processing of metals, and includes smelting,
casting foundries, metal working, and other similar operations.

(15)	"Class IX-I" includes all sources of air pollution resulting from
slaughtering and processing of meat, poultry, fish, and similar products
and from rendering or the recovering of by-products of these operations.

(16)	"Class X-I" includes all sources of air pollution resulting from
industries which do not fall within the classifications described in
Subparagraphs (b)(7) through (b)(15) of this Regulation.

These sources shall be controlled pursuant to the requirements of
regulations and other provisions of law.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4);

Eff. February 1, 1976;

Amended Eff. July 1, 1984; December 1, 1976.

15A NCAC 02D .0202	REGISTRATION OF AIR POLLUTION SOURCES

(a)  The Director may require the owner or operator of a source of air
pollution to register that source.

(b)  Any person required to register a source of air pollution with the
Division shall register the source on forms provided by the Division and
shall provide the following information:

(1)	the name of the person, company, or corporation operating the
sources;

(2)	the address, location, and county;

(3)	principal officer of the company;

(4)	quantities and kinds of raw materials used;

(5)	process flow sheets;

(6)	operating schedules;

(7)	total weights and kinds of air pollution released;

(8)	types and quantities of fuels used;

(9)	stack heights; and

(10)	other information considered essential in evaluating the potential
of the source to cause air pollution.

The forms shall be completed and returned to the Division within 60 days
following their receipt.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4);

Eff. February 1, 1976;

Amended Eff. July 1, 1998; June 1, 1985; July 1, 1984.

SECTION .0300 - AIR POLLUTION EMERGENCIES

15A NCAC 02D .0301	PURPOSE

Notwithstanding any other provisions of air pollution control
regulations or standards, this Section is designed to prevent the
excessive buildup of air contaminants during air pollution episodes
thereby preventing the occurrence of an emergency due to the effects of
these contaminants on the public health.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);

Eff. February 1, 1976.

15A NCAC 02D .0302	EPISODE CRITERIA

Conditions justifying the proclamation of an air pollution alert, air
pollution warning, or air pollution emergency shall be deemed to exist
whenever the director determines that the accumulation of air
contaminants in any place is attaining or has attained levels that
could, if such levels are sustained or exceeded, lead to a threat to the
health of the public.  In making this determination, the director shall
be guided by the following criteria:

(1)	Air Pollution Forecast.  An internal watch by the Division and local
air pollution control agencies shall be activated by a National Weather
Service advisory that an atmospheric stagnation advisory is in effect,
or the equivalent local forecast of stagnant atmospheric conditions.

(2)	Alert.  The alert level is that concentration of pollutants at which
first stage control actions are to begin.  The director shall proclaim
an alert when any of the following levels is reached at any monitoring
site:

(a)	sulfur dioxide -- 800 ug/m3 (0.3 p.p.m.), 24-hour average;

(b)	particulate -- 375 ug/m3, 24-hour average;

(c)	sulfur dioxide and particulate combined -- product of sulfur dioxide
ug/m3, 24-hour average, and particulate ug/m3, 24-hour average, equal to
65,000;

(d)	carbon monoxide  --  17 mg/m3 (15 p.p.m.), eight-hour average;

(e)	ozone -- 400 ug/m3 (0.2 p.p.m.), one-hour average;

(f)	nitrogen dioxide  -- 1130 ug/m3 (0.6 p.p.m.), one-hour average; 282
ug/m3 (0.15 p.p.m.), 24-hour average;

(g)	PM10--350 ug/m;, 24-hour average;and meteorological conditions are
such that pollutant concentrations can be expected to remain at these
levels for 12 or more hours or increase or, for ozone, the situation is
likely to recur within the next 24-hours unless control actions are
taken.

(3)	Warning.  The warning level indicates that air quality is continuing
to degrade and that additional abatement actions  are necessary.  The
Director shall proclaim a warning when any one of the following levels
is reached at any monitoring site:

(a)	sulfur dioxide  --  1600 ug/m3 (0.6 p.p.m.), 24-hour average

(b)	particulate -- 625 ug/m3, 24-hour average;

(c)	sulfur dioxide and particulate combined -- product of sulfur dioxide
ug/m3, 24-hour average, and particulate ug/m3, 24-hour average, equal to
261,000;

(d)	carbon monoxide  --  34 mg/m3 (30 p.p.m.), eight-hour average;

(e)	ozone -- 800 ug/m3 (0.4 p.p.m.), one-hour average;

(f)	nitrogen dioxide  --  2260 ug/m3 (1.2 p.p.m.), one-hour average; 565
ug/m3 (0.3 p.p.m.), 24-hour average;

(g)	PM10  --  420 ug/m;; 24-hour average;and meteorological conditions
are such that pollutant concentrations can be expected to remain at
these levels for 12 or more hours or increase or, for ozone, the
situation is likely to recur within the next 24 hours unless control
actions are taken.

(4)	Emergency.  The emergency level indicates that air quality is
continuing to degrade to a level that should never be reached and that
the most stringent control actions are necessary.  The Secretary of the
Department of Environment and Natural Resources with the concurrence of
the Governor shall declare an emergency when any one of the following
levels is reached at any monitoring site:

(a)	sulfur dioxide  --  2100 ug/m3 (0.8 p.p.m.), 24-hour average;

(b)	particulate -- 875 ug/m3, 24-hour average;

(c)	sulfur dioxide and particulate combined -- product of sulfur dioxide
ug/m3, 24-hour average, and particulate ug/m3, 24-hour average, equal to
393,000;

(d)	carbon monoxide  --  46 mg/m3 (40 p.p.m.), eight-hour average;

(e)	ozone -- 1000 ug/m3 (0.5 p.p.m.), one-hour average;

(f)	nitrogen dioxide  -- 3000 ug/m3 (1.6 p.p.m.), one-hour average; 750
ug/m3 (0.4 p.p.m.), 24-hour average;

(g)	PM10--500 ug/m;, 24-hour average.

(5)	Termination.  Once declared any level reached by application of
these criteria shall remain in effect until the criteria for that level
are no longer met.  At that time the next lower level shall be assumed.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);

Eff. February 1, 1976;

Amended Eff. July 1, 1998; July 1, 1988; July 1, 1984; June 1, 1980;
December 1, 1976.

15A NCAC 02D .0303	EMISSION REDUCTION PLANS

(a)  Air Pollution Alert.  Any person responsible for the operation of a
source of air pollution described in Regulation .0305 of this Section,
shall take all air pollution alert actions required for that source and
shall put into effect the preplanned program for an air pollution alert.

(b)  Air Pollution Warning.  Any person responsible for the operation of
a source of air pollution described in Regulation .0306 of this Section,
shall take all air pollution warning actions required for that source
and shall put into effect the preplanned program for an air pollution
warning.

(c)  Air Pollution Emergency.  Any person responsible for the operation
of a source of air pollution described in Regulation .0307 of this
Section, shall take all air pollution emergency actions required for
that source and shall put into effect the preplanned program for an air
pollution emergency.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);

Eff. February 1, 1976;

Amended Eff. July 1, 1984.

15A NCAC 02D .0304	PREPLANNED ABATEMENT PROGRAM

(a)  Any person who is responsible for the operation of a source of air
pollution that is described in Regulations .0305, .0306, or .0307 of
this Section, or that emits 100 tons per year or more of any one
pollutant shall prepare a plan to reduce the emissions of air pollutants
into the outdoor atmosphere during periods of an air pollution episode.
The plan shall be consistent with good industrial practices and safe
operating procedures.  When the Director requests that the plan be
submitted for his review, the owner or operator of the source shall
submit the plan within 30 days of the Director's request.

(b)  When requested by the Commission in writing, any person responsible
for the operation of a source not described in Regulations .0305, .0306,
or .0307 of this Section, shall prepare a plan to reduce the emissions
of air pollutants into the outdoor atmosphere during periods of air
pollution alert, air pollution warning, and air pollution emergency.
The plan shall be consistent with good industrial practices and safe
operating procedures.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);

Eff. February 1, 1976;

Amended Eff. July 1, 1988; July 1, 1984.

15A NCAC 02D .0305	EMISSION REDUCTION PLAN: ALERT LEVEL

(a)  General

(1)	There shall be no open burning by any person of trade waste,
vegetation, refuse, or debris in any form.

(2)	The use of incinerators for the disposal of any form of solid waste
shall be limited to the hours between 12-noon and 4:00 p.m.

(3)	Persons operating fuel burning equipment which requires boiler
lancing or soot blowing shall perform such operations only between the
hours of 12-noon and 4:00 p.m.

(4)	Persons operating motor vehicles should eliminate all unnecessary
operations.

(b)  Source Curtailment.  Any person responsible for the operation of a
source of air pollution  shall take all required control actions for the
alert level that are listed below:

(1)	Operators of coal or oil fired electric power generating facilities
shall:

(A)	use fuels having low ash and sulfur content,

(B)	perform boiler lancing and soot blowing between 12-noon and 4:00
p.m., and

(C)	divert electric power generation to facilities outside of alert
area;

(2)	Operators of coal or oil fired process steam generating facilities
shall:

(A)	use fuels having low ash and sulfur content,

(B)	perform boiler lancing and soot blowing between 12-noon and 4:00
p.m., and

(C)	reduce steam load demands consistent with continuing plant
operation;

(3)	Operators of manufacturing industries of the following
classifications: primary metals industry; petroleum refining and related
industries; chemical and allied products industries; paper and allied
products industries; glass, clay, and concrete products industries
shall:

(A)	reduce air pollutants from manufacturing operations by curtailing,
postponing or deferring production and related operations;

(B)	defer trade waste disposal operations which emit particles, gases,
vapors, or malodorous substances;

(C)	reduce heat load demands for processing; and

(D)	perform boiler lancing or soot blowing between 12-noon to 4:00 p.m.;

(4)	Municipal and commercial refuse disposal operations shall limit
burning of refuse in incinerators to hours between 12-noon to 4:00 p.m.;

(5)	Other persons requested by the Commission to prepare a preplanned
abatement plan shall take all required control actions for the alert
level contained in their plan.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);

Eff. February 1, 1976;

Amended Eff. July 1, 1984; December 1, 1976.

15A NCAC 02D .0306	EMISSION REDUCTION PLAN: WARNING LEVEL

(a)  General

(1)	There shall be no open burning by any person of trade waste, refuse,
vegetation, or debris in any form.

(2)	The use of incinerators for the disposal of solid waste or liquid
waste shall be prohibited.

(3)	Persons operating fuel burning equipment which requires boiler
lancing or soot blowing shall perform such operations only between
12-noon and 4:00 p.m.

(4)	Persons operating motor vehicles should minimize their use through
car pools and increased use of public transportation.

(b)  Source Curtailment.  Any person responsible for the operation of a
source of air pollution shall take all required control actions for the
warning level that are listed below:

(1)	Operators of coal or oil fired electric power generating facilities
shall:

(A)	use fuels having the lowest ash and sulfur content,

(B)	perform boiler lancing and soot blowing between 12-noon to 4:00
p.m., and

(C)	divert electric power generating to facilities outside of warning
area;

(2)	Operators of coal or oil fired process steam generating facilities
shall:

(A)	use fuels having the lowest ash and sulfur content,

(B)	perform boiler lancing and soot blowing between 12-noon to 4:00
p.m.,

(C)	reduce steam load demands consistent with continuing plant
operations, and

(D)	prepare to use the plan of action to be taken if an emergency
develops;

(3)	Operators of manufacturing industries of the following
classifications:  primary metal industries; petroleum refining and
related industries; chemical and allied products industries; paper and
allied products industries; glass, clay and concrete products industries
shall:

(A)	reduce air pollutants from manufacturing operations by, if
necessary, assuming reasonable economic hardship by postponing
production and related operations;

(B)	defer trade waste disposal operations which emit particles, gases,
vapors, or malodorous substances;

(C)	reduce heat load demands for processing consistent with continuing
plant operations; and

(D)	perform boiler lancing or soot blowing between 12-noon to 4:00 p.m.;

(4)	Municipal and commercial refuse disposal operations shall stop
incinerating waste;

(5)	Other persons requested by the Commission to prepare a preplanned
abatement plan shall take all required control actions for the warning
level contained in their plan.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);

Eff. February 1, 1976;

Amended Eff. July 1, 1984; December 1, 1976.

15A NCAC 02D .0307	EMISSION REDUCTION PLAN: EMERGENCY LEVEL

(a)  General

(1)	There shall be no open burning by any person of trade waste,
vegetation, refuse, or debris in any form.

(2)	The use of incinerators for the disposal of any form of solid or
liquid waste shall be prohibited.

(3)	All places of employment described below shall immediately cease
operations:

(A)	mining and quarrying of nonmetallic minerals;

(B)	all manufacturing establishments except those required to have in
force an air pollution emergency plan;

(C)	all construction work involving grading or other operations which
generate dust;

(D)	all wholesale and retail establishments except pharmacies and stores
primarily engaged in the sale of food;

(E)	all commercial and manufacturing establishments, automobile repair
services and garages, laundries, barbershops, beauty shops and motion
picture theaters; and

(F)	elementary and secondary schools, colleges, universities and
professional schools.

(4)	The use of motor vehicles is prohibited except in emergencies with
the approval of local or state police.

(b)  Source Curtailment.  Any person responsible for the operation of a
source of air pollution shall take all required control actions for the
emergency level that are listed below:

(1)	Operators of coal or oil fired electric power generating facilities
shall:

(A)	use fuels having lowest ash and sulfur content,

(B)	perform boiler lancing or soot blowing between 12-noon to 4:00 p.m.,

(C)	divert electric power generating to facilities outside of emergency
area;

(2)	Operators of coal or oil fired process steam generating facilities
shall:

(A)	reduce heat and steam demands to that absolutely necessary to
prevent equipment damage,

(B)	perform boiler lancing and soot blowing between 12-noon and 4:00
p.m.,

(C)	take the action called for in the abatement plan;

(3)	Operators of manufacturing industries of the following
classifications:  primary metals industries; petroleum refining and
related industries; chemical and allied products industries; paper and
allied products industries; glass, clay and concrete products industries
shall:

(A)	eliminate air pollutants from manufacturing operations by ceasing,
curtailing, postponing or deferring production and related operations of
the extent possible without  causing injury to persons or damage to
equipment;

(B)	eliminate air pollution from trade waste disposal processes which
emit particles, gases, vapors, or malodorous substances;

(C)	reduce heat load demands for processing to the minimum;

(D)	perform boiler lancing or soot blowing between 12-noon to 4:00 p.m.;

(4)	Municipal and commercial refuse disposal operations shall stop
incinerating waste;

(5)	Other persons requested by the Commission to prepare a preplanned
abatement plan shall take all required control actions for the emergency
level contained in their plan.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);

Eff. February 1, 1976;

Amended Eff. July 1, 1984; December 1, 1976.

SECTION .0400 - AMBIENT AIR QUALITY STANDARDS

15A NCAC 02D .0401	PURPOSE

(a)  The purpose of the ambient air quality standards set out in this
Section is to establish certain maximum limits on parameters of air
quality considered desirable for the preservation and enhancement of the
quality of the state's air resources.  Furthermore, the objective of the
Commission, consistent with the North Carolina Air Pollution Control
Law, shall be to prevent significant deterioration in ambient air
quality in any substantial portion of the state where existing air
quality is better than the standards.  An atmosphere in which these
standards are not exceeded should provide for the protection of the
public health, plant and animal life, and property.

(b)  Ground level concentrations of pollutants will be determined by
sampling at fixed locations in areas beyond the premises on which a
source is located.  The standards are applicable at each such sampling
location in the state.

(c)  No facility or source of air pollution shall cause any ambient air
quality standard in this Section to be exceeded or contribute to a
violation of any ambient air quality standard in this Section except as
allowed by Rules .0531 or .0532 of this Subchapter.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. February 1, 1976;

Amended Eff. December 1, 1992; October 1, 1989; July 1, 1984.

15A NCAC 02D .0402	SULFUR OXIDES

(a)  The ambient air quality standards for sulfur oxides measured as
sulfur dioxide are:

(1)	80 micrograms per cubic meter (0.03 p.p.m.) annual arithmetic mean,

(2)	365 micrograms per cubic meter (0.14 p.p.m.) maximum 24-hour
concentration not to be exceeded more than once per year,

(3)	1300 micrograms per cubic meter (0.5 p.p.m.) maximum three-hour
concentration not to be exceeded more than once per year.

(b)  Sampling and analysis shall be in accordance with procedures in
Appendix A 40 CFR Part 50 or equivalent methods established under 40 CFR
Part 53.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. February 1, 1976;

Amended Eff. July 1, 1984; December 1, 1976.

15A NCAC 02D .0403	TOTAL SUSPENDED PARTICULATES

(a)  The ambient air quality standards for total suspended particulate
matter are:

(1)	75 micrograms per cubic meter annual geometric mean,

(2)	150 micrograms per cubic meter maximum 24-hour concentration not to
be exceeded more than once per year.

(b)  Sampling and analysis shall be in accordance with procedures in
Appendix B of 40 C.F.R Part 50 or equivalent methods established under
40 CFR Part 53.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. February 1, 1976;

Amended Eff. July 1, 1988; July 1, 1984; October 15, 1981.

15A NCAC 02D .0404	CARBON MONOXIDE

(a)  The ambient air quality standards for carbon monoxide are:

(1)	9 parts per million (10 milligrams per cubic meter) maximum
eight-hour average concentration not to be exceeded more than once per
year,

(2)	35 parts per million (40 milligrams per cubic meter) maximum
one-hour average concentration not to be exceeded more than once per
year.

(b)  Sampling and analysis shall be in accordance with procedures in
Appendix C 40 CFR Part 50 or equivalent methods established under 40 CFR
Part 53.

(c)  An eight-hour average shall be considered valid if at least 75
percent of the hourly averages for the eight-hour period are available.
In the event that only six or seven hourly averages are available, the
eight-hour average shall be computed on the basis of the hours available
using six or seven as the divisor.

(d)  When summarizing data for comparison with the standards, averages
shall be stated to one decimal place.  Comparison of the data with the
levels of the standards in parts per million shall be made in terms of
integers with fractional parts of 0.5 or greater rounding up.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. February 1, 1976;

Amended Eff. October 1, 1989; July 1, 1984; December 1, 1976.

15A NCAC 02D .0405	OZONE

The ambient air quality standard for ozone measured by a reference
method based on Appendix D of 40 CFR Part 50 and designated according to
40 CFR Part 53 is 0.08 parts per million (ppm), daily maximum 8-hour
average.  The standard is attained at an ambient air quality monitoring
site when the average of the annual fourth-highest daily maximum 8-hour
average ozone concentration is less than or equal to 0.08 parts per
million (ppm) as determined by Appendix I of 40 CFR Part 50, or
equivalent methods established under 40 CFR Part 53.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. February 1, 1976;

Amended Eff. April 1, 1999; July 1, 1984; July 1, 1979; December 1,1976.

15A NCAC 02D .0407	NITROGEN DIOXIDE

(a)  The ambient air quality standard for nitrogen dioxide is 0.053
parts per million (100 micrograms per cubic meter) annual arithmetic
mean.

(b)  Sampling and analysis shall be in accordance with procedures in
Appendix F 40 CFR Part 50 or equivalent methods established under 40 CFR
Part 53.

(c)  The standards are attained when the annual arithmetic mean
concentration in a calendar year is less than or equal to 0.053 parts
per million, rounded to three decimal places (fractional parts equal to
or greater than 0.0005 parts per million are rounded up).  To
demonstrate attainment, an annual mean must be based on hourly data that
are at least 75 percent complete or on data derived from manual methods
that are at least 75 percent complete for the scheduled sampling days in
each calendar quarter.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. February 1, 1976;

Amended Eff. October 1, 1989; July 1, 1984; December 1, 1976.

15A NCAC 02D .0408	LEAD

The ambient air quality standard for lead and its compounds, measured as
elemental lead by a reference method based on Appendix G of 40 CFR Part
50 or by an equivalent method established under 40 CFR Part 53, is 1.5
micrograms per cubic meter, maximum arithmetic mean over a calendar
quarter.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. June 1, 1980;

Amended Eff. July 1, 1984.

15A NCAC 02D .0409	PM10 PARTICULATE MATTER

(a)  The ambient air quality standards for PM10 particulate matter are:

(1)	150 micrograms per cubic meter (ug/m3), 24-hour average
concentration; and

(2)	50 micrograms per cubic meter (ug/m3), annual arithmetic mean.

These standards are attained when the annual arithmetic mean
concentration is less than or equal to 50 ug/m3, and when the 99th
percentile 24-hour concentration is less than or equal to 150 ug/m3, as
determined according to Appendix N of 40 CFR Part 50.

(b)  For the purpose of determining attainment of the standards in
Paragraph (a) of this Rule, particulate matter shall be measured in the
ambient air as PM10 (particles with an aerodynamic diameter less than or
equal to a nominal 10 micrometers) by either:

(1)	a reference method based on Appendix M of 40 CFR Part 50 and
designated according to 40 CFR Part 53; or

(2)	an equivalent method designated according to 40 CFR Part 53.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. July 1, 1988;

Amended Eff. April 1, 1999.

15A NCAC 02D .0410	PM2.5 PARTICULATE MATTER

(a)  The ambient air quality standards for PM2.5 particulate matter are:

(1)	15.0 micrograms per cubic meter (ug/m3), annual arithmetic mean
concentration; and

(2)	65 micrograms per cubic meter (ug/m3), 24-hour average
concentration.

These standards are attained when the annual arithmetic mean
concentration is less than or equal to 15.0 ug/m3 and when the 98th
percentile 24-hour concentration is less than or equal to 65 ug/m3, as
determined according to Appendix N of 40 CFR Part 50.

(b)  For the purpose of determining attainment of the standards in
Paragraph (a) of this Rule, particulate matter shall be measured in the
ambient air as PM2.5 (particles with an aerodynamic diameter less than
or equal to a nominal 2.5 micrometers) by either:

(1)	a reference method based on Appendix L of 40 CFR Part 50 and
designed according to 40 CFR Part 53; or

(2)	an equivalent method designed according to 40 CFR Part 53.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);

Eff. April 1, 1999.

SECTION .0500 - EMISSION CONTROL STANDARDS

15A NCAC 02D .0501	COMPLIANCE WITH EMISSION CONTROL STANDARDS

(a)  Purpose and Scope. The purpose of this Rule is to assure orderly
compliance with emission control standards found in this Section. This
Rule shall apply to all air pollution sources, both combustion and
non-combustion.

(b)  All new sources shall be in compliance prior to beginning
operations.

(c)  In addition to any control or manner of operation necessary to meet
emission standards in this Section, any source of air pollution shall be
operated with such control or in such manner that the source shall not
cause the ambient air quality standards of Section .0400 of this
Subchapter to be exceeded at any point beyond the premises on which the
source is located.  When controls more stringent than named in the
applicable emission standards in this Section are required to prevent
violation of the ambient air quality standards or are required to create
an offset, the permit shall contain a condition requiring these
controls.

(d)  The Bubble Concept. A facility with multiple emission sources or
multiple facilities within the same area may choose to meet the total
emission limitation for a given pollutant through a different mix of
controls than that required by the rules in this Section or Section
.0900 of this Subchapter.

(1)	In order for this mix of alternative controls to be permitted the
Director shall determine that the following conditions are met:

(A)	Sources to which Rules .0524, .0530, .0531, .1110 or .1111 of this
Subchapter, the federal New Source Performance Standards (NSPS), the
federal National Emission Standards for Hazardous Air Pollutants
(NESHAPS), regulations established pursuant to Section 111 (d) of the
federal Clean Air Act, or state or federal Prevention of Significant
Deterioration (PSD) requirements apply, shall have emissions no larger
than if there were not an alternative mix of controls;

(B)	The facility (or facilities) is located in an attainment area or an
unclassified area or in an area that has been demonstrated to be
attainment by the statutory deadlines (with reasonable further progress
toward attainment) for those pollutants being considered;

(C)	All of the emission sources affected by the alternative mix are in
compliance with applicable regulations or are in compliance with
established compliance agreements; and

(D)	The review of an application for the proposed mix of alternative
controls and the enforcement of any resulting permit will not require
expenditures on the part of the State in excess of five times that which
would otherwise be required.

(2)	The owner(s) or operator(s) of the facility (facilities) shall
demonstrate to the satisfaction of the Director that the alternative mix
of controls is equivalent in total allowed emissions, reliability,
enforceability, and environmental impact to the aggregate of the
otherwise applicable individual emission standards; and

(A)	that the alternative mix approach does not interfere with attainment
and maintenance of ambient air quality standards and does not interfere
with the PSD program; this demonstration shall include modeled
calculations of the amount, if any, of PSD increment consumed or
created;

(B)	that the alternative mix approach conforms with reasonable further
progress requirements in any nonattainment area;

(C)	that the emissions under the alternative mix approach are in fact
quantifiable, and trades among them are even;

(D)	that the pollutants controlled under the alternative mix approach
are of the same criteria pollutant categories, except that emissions of
some criteria pollutants used in alternative emission control strategies
are subject to the limitations as defined in 44 FR 71784 (December 11,
1979), Subdivision D.1.c.ii. The Federal Register referenced in this
Part is hereby incorporated by reference and does not include subsequent
amendments or editions.

The demonstrations of equivalence shall be performed with at least the
same level of detail as The North Carolina State Implementation Plan for
Air Quality demonstration of attainment for the area in question.
Moreover, if the facility involves another facility in the alternative
strategy, it shall complete a modeling demonstration to ensure that air
quality is protected. Demonstrations of equivalency shall also take into
account differences in the level of reliability of the control measures
or other uncertainties.

(3)	The emission rate limitations or control techniques of each source
within the facility (facilities) subjected to the alternative mix of
controls shall be specified in the facility's (facilities') permits(s).

(4)	Compliance schedules and enforcement actions shall not be affected
because an application for an alternative mix of controls is being
prepared or is being reviewed.

(5)	The Director may waive or reduce requirements in this Paragraph up
to the extent allowed by the Emissions Trading Policy Statement
published in the Federal Register of April 7, 1982, pages 15076-15086,
provided that the analysis required by Paragraph (e) of this Rule
supports any waiver or reduction of requirements. The Federal Register
referenced in this Paragraph is hereby incorporated by reference and
does not include subsequent amendments or editions.

(e)  In a permit application for an alternative mix of controls under
Paragraph (d) of this Rule, the owner or operator of the facility shall
demonstrate to the satisfaction of the Director that the proposal is
equivalent to the existing requirements of the SIP in total allowed
emissions, enforceability, reliability, and environmental impact. The
Director shall provide for public notice with an opportunity for a
request for public hearing following the procedures under 15A NCAC 02Q
.0300 or .0500, as applicable.

(1)	If and when a permit containing these conditions is issued under 15A
NCAC 02Q .0300 (non-Title V permits), it shall become a part of the
state implementation plan (SIP) as an appendix available for inspection
at the department's regional offices. Until the U.S. Environmental
Protection Agency (EPA) approves the SIP revision embodying the permit
containing an alternative mix of controls, the facility shall continue
to meet the otherwise applicable existing SIP requirements.

(2)	If and when a permit containing these conditions is issued under 15A
NCAC 02Q .0500 (Title V permits), it shall be available for inspection
at the department's regional offices. Until the EPA approves the Title V
permit containing an alternative mix of controls, the facility shall
continue to meet the otherwise applicable existing SIP requirements.

The revision shall be approved by EPA on the basis of the revision's
consistency with EPA's "Policy for Alternative Emission Reduction
Options Within State Implementation Plans" as promulgated in the Federal
Register of December 11, 1989, pages 71780-71788, and subsequent
rulings.

If owner or operator of any combustion and non-combustion source or
control equipment subject to the requirements of this Section is
required to demonstrate compliance with a rule in this Section, the
source testing procedures of Section .2600 of this Subchapter shall be
used.

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

Eff. February 1, 1976;

Amended Eff. August 1, 1991; October 1, 1989;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until
the permanent rule is effective, whichever is sooner;

Amended Eff. June 1, 2008; April 1, 2001; April 1, 1999; July 1, 1996;
February 1, 1995; July 1, 1994.

15A NCAC 02D .0502	PURPOSE

The purpose of the emission control standards set out in this Section is
to establish maximum limits on the rate of emission of air contaminants
into the atmosphere.  All sources shall be provided with the maximum
feasible control.

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

Eff. February 1, 1976;

Amended Eff. June 1, 1981.

15A NCAC 02D .0503	PARTICULATES FROM FUEL BURNING INDIRECT HEAT
EXCHANGERS

(a)  For the purpose of this Rule the following definitions shall apply:

(1)	"Functionally dependent" means that structures, buildings or
equipment are interconnected through common process streams, supply
lines, flues, or stacks.

(2)	"Indirect heat exchanger" means any equipment used for the
alteration of the temperature of one fluid by the use of another fluid
in which the two fluids are separated by an impervious surface such that
there is no mixing of the two fluids.

(3)	"Plant site" means any single or collection of structures,
buildings, facilities, equipment, installations, or operations which:

(A)	are located on one or more adjacent properties,

(B)	are under common legal control, and

(C)	are functionally dependent in their operations.

(b)  The definition contained in Subparagraph (a)(3) of this Rule does
not affect the calculation of the allowable emission rate of any
indirect heat exchanger permitted prior to April 1, 1999.

(c)  With the exceptions in Rule .0536 of this Section, emissions of
particulate matter from the combustion of a fuel that are discharged
from any stack or chimney into the atmosphere shall not exceed:

Allowable Emission Limit

Maximum Heat Input In					For Particulate Matter

Million Btu/Hour						In Lb/Million Btu

Up to and Including 10						0.60

100								0.33

1,000								0.18

10,000 and Greater						0.10

For a heat input between any two consecutive heat inputs stated in the
preceding table, the allowable emissions of particulate matter shall be
calculated by the equation E = 1.090 times Q to the -0.2594 power.  E =
allowable emission limit for particulate matter in lb/million Btu.  Q =
maximum heat input in million Btu/hour.

(d)  This Rule applies to installations in which fuel is burned for the
purpose of producing heat or power by indirect heat transfer.  Fuels
include those such as coal, coke, lignite, peat, natural gas, and fuel
oils, but exclude wood and refuse not burned as a fuel.  When any
refuse, products, or by-products of a manufacturing process are burned
as a fuel rather than refuse, or in conjunction with any fuel, this
allowable emission limit shall apply.

(e)  For the purpose of this Rule, the maximum heat input shall be the
total heat content of all fuels which are burned in a fuel burning
indirect heat exchanger, of which the combustion products are emitted
through a stack or stacks.  The sum of maximum heat input of all fuel
burning indirect heat exchangers at a plant site which are in operation,
under construction, or permitted pursuant to 15A NCAC 2Q, shall be
considered as the total heat input for the purpose of determining the
allowable emission limit for particulate matter for each fuel burning
indirect heat exchanger.  Fuel burning indirect heat exchangers
constructed or permitted after February 1, 1983, shall not change the
allowable emission limit of any fuel burning indirect heat exchanger
whose allowable emission limit has previously been set.  The removal of
a fuel burning indirect heat exchanger shall not change the allowable
emission limit of any fuel burning indirect heat exchanger whose
allowable emission limit has previously been established.  However, for
any fuel burning indirect heat exchanger constructed after, or in
conjunction with, the removal of another fuel burning indirect heat
exchanger at the plant site, the maximum heat input of the removed fuel
burning indirect heat exchanger shall no longer be considered in the
determination of the allowable emission limit of any fuel burning
indirect heat exchanger constructed after or in conjunction with the
removal.  For the purposes of this Paragraph, refuse not burned as a
fuel and wood shall not be considered a fuel.  For residential
facilities or institutions (such as military and educational) whose
primary fuel burning capacity is for comfort heat, only those fuel
burning indirect heat exchangers located in the same power plant or
building or otherwise physically interconnected (such as common flues,
steam, or power distribution line) shall be used to determine the total
heat input.

(f)  The emission limit for fuel burning equipment that burns both wood
and other fuels in combination, or for wood and other fuel burning
equipment that is operated such that emissions are measured on a
combined basis, shall be calculated by the equation Ec = [(EW)(Qw) +
(Eo)(Qo)] /Qt.

(1)	Ec = the emission limit for combination or combined emission
source(s) in lb/million Btu.

(2)	Ew = plant site emission limit for wood only as determined by Rule
.0504 of this Section in lb/million  Btu.

(3)	Eo = the plant site emission limit for other fuels only as
determined by Paragraphs (a), (b) and (c) of this Rule in lb/million
Btu.

(4)	Qw = the actual wood heat input to the combination or combined
emission source(s) in Btu/hr.

(5)	Qo = the actual other fuels heat input to the combination or
combined emission source(s) in Btu/hr.

(6)	Qt = Qw + Qo and is the actual total heat input to combination or
combined emission source(s) in  Btu/hr.

History Note:	Filed as a Temporary Amendment Eff. March 8, 1994 for a
period of 180 days or until the

permanent rule is effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);

Eff. February 1, 1976;

Amended Eff. April 1, 1999; July 1, 1994; August 1, 1991; June 1, 1985;
February 1, 1983.

15A NCAC 02D .0504	PARTICULATES FROM WOOD BURNING INDIRECT HEAT
EXCHANGERS

(a)  For the purpose of this Rule the following definitions shall apply:

(1)	"Functionally dependent" means that structures, buildings or
equipment are interconnected through common process streams, supply
lines, flues, or stacks.

(2)	"Indirect heat exchanger" means any equipment used for the
alteration of the temperature of one fluid by the use of another fluid
in which the two fluids are separated by an impervious surface such that
there is no mixing of the two fluids.

(3)	"Plant site" means any single or collection of structures,
buildings, facilities, equipment, installations, or operations which:

(A)	are located on one or more adjacent properties;

(B)	are under common legal control; and

(C)	are functionally dependent in their operations.

(b)  The definition contained in Subparagraph (a)(3) of this Rule does
not affect the calculation of the allowable emission rate of any
indirect heat exchanger permitted prior to April 1, 1999.

(c)  Emissions of particulate matter from the combustion of wood shall
not exceed:

Allowable Emission Limit

Maximum Heat Input In					For Particulate Matter

Million Btu/Hour						In Lb/Million Btu

Up to and Including 10						0.70

100								0.41

1,000								0.25

10,000 and Greater						0.15

For a heat input between any two consecutive heat inputs stated in the
preceding table, the allowable emissions of particulate matter shall be
calculated by the equation E = 1.1698 (Q to the -0.2230 power.)  E =
allowable emission limit for particulate matter in lb/million Btu. Q =
Maximum heat input in million Btu/hour.

(d)  This Rule applies to installations in which wood is burned for the
primary purpose of producing heat or power by indirect heat transfer.

(e)  For the purpose of this Rule, the heat content of wood shall be
8,000 Btu per pound (dry-weight basis). The total of maximum heat inputs
of all wood burning indirect heat exchangers at a plant site in
operation, under construction, or with a permit shall be used to
determine the allowable emission limit of a wood burning indirect heat
exchanger. Wood burning indirect heat exchangers constructed or
permitted after February 1, 1983, shall not change the allowable
emission limit of any wood burning indirect heat exchanger whose
allowable emission limit has previously been set.

(f)  The emission limit for fuel burning equipment that burns both wood
and other fuels in combination or for wood and other fuel burning
equipment that is operated such that emissions are measured on a
combination basis shall be calculated by the procedure described in
Paragraph (f) of Rule .0503 of this Section.

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

Eff. February 1, 1976;

Amended Eff. August 1, 2002; April 1, 1999; June 1, 1985; February 1,
1983.

15A NCAC 02D .0506	PARTICULATES FROM HOT MIX ASPHALT PLANTS

 (a)  The allowable emission rate for particulate matter resulting from
the operation of a hot mix asphalt plant that are discharged from any
stack or chimney into the atmosphere shall not exceed the level
calculated with the equation E = 4.9445(P)0.4376 calculated to three
significant figures, for process rates less than 300 tons per hour,
where "E" equals the maximum allowable emission rate for particulate
matter in pounds per hour and "P" equals the process rate in tons per
hour.  The allowable emission rate shall be 60.0 pounds per hour for
process rates equal to or greater than 300 tons per hour.

(b)  Visible emissions from stacks or vents at a hot mix asphalt plant
shall be less than 20 percent opacity when averaged over a six-minute
period.

(c)  All hot mix asphalt batch plants shall be equipped with a scavenger
process dust control system for the drying, conveying, classifying, and
mixing equipment.  The scavenger process dust control system shall
exhaust through a stack or vent and shall be operated and maintained in
such a manner as to comply with Paragraphs (a) and (b) of this Rule.

(d)  Fugitive non-process dust emissions shall be controlled by Rule
.0540 of this Section.

(e)  Fugitive emissions for sources at a hot mix asphalt plant not
covered elsewhere under this Rule shall not exceed 20 percent opacity
averaged over six minutes.

(f)  Any asphalt batch plant that was subject to the 40-percent opacity
standard before August 1, 2004 shall be in compliance with the
20-percent opacity standard by January 1, 2005.

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

Eff. February 1, 1976;

Amended Eff. August 1, 2004; July 1, 1998; January 1, 1985.

15A NCAC 02D .0507	PARTICULATES FROM CHEMICAL FERTILIZER MANUFACTURING
PLANTS

The allowable emissions rate for particulate matter resulting from the
manufacture, mixing, handling, or other operations in the production of
chemical fertilizer materials that are discharged from any stack or
chimney into the atmosphere shall not exceed the level calculated with
the equation E = 9.377(P)0.3067 calculated to three significant figures,
where "E" equals the maximum allowable emission rate for particulate
matter in pounds per hour and "P" equals the process rate (the sum of
the production rate and the recycle rate) in tons per hour.

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

Eff. February 1, 1976;

Amended Eff. April 1, 2003; July 1, 1998; January 1, 1985.

15A NCAC 02D .0508	PARTICULATES FROM PULP AND PAPER MILLS

(a)  Emissions of particulate matter from the production of pulp and
paper that are discharged from any stack or chimney into the atmosphere
shall not exceed:

(1)	3.0  pounds per equivalent ton of air dried pulp from a recovery
furnace stack;

(2)	0.6  pounds per equivalent ton of air dried pulp from a dissolving
tank vent; and

(3)	0.5  pounds per equivalent ton of air dried pulp from a lime kiln
stack.

(b)  Emissions from any kraft pulp recovery boiler established after
July 1, 1971, shall not exceed an opacity of 35 percent when averaged
over a six-minute period.  However, six-minute averaging periods may
exceed 35 percent opacity if:

(1)	no six-minute period exceeds 89 percent opacity;

(2)	no more than one six-minute period exceeds 35 percent opacity in any
one hour; and

(3)	no more than four six-minute periods exceed 35 percent opacity in
any 24-hour period.

Where the presence of uncombined water vapor is the only reason for
failure to meet this opacity limitation, this opacity limitation shall
not apply.

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

Eff. February 1, 1976;

Amended Eff. July 1, 1998; August 1, 1987; April 1, 1986; January 1,
1985; May 30, 1978.

15A NCAC 02D .0509	PARTICULATES FROM MICA OR FELDSPAR PROCESSING PLANTS

(a)  The allowable emission rate for particulate matter resulting from
the processing of mica or feldspar that are discharged from any chimney,
stack, vent, or outlet into the atmosphere shall not exceed the level
calculated with the equation E = 4(P)0.677 calculated to three
significant figures for process rates less than or equal to 30 tons per
hour.  For process rates greater than 30 tons per hour but less than
1,000 tons per hour, the allowable emission rate for particulate matter
shall not exceed the level calculated with the equation E =
20.421(P)0.1977 calculated to three significant figures.  For process
rates greater than or equal to 1,000 tons per hour but less than 3,000
tons per hour, the allowable emission rate for particulate matter shall
not exceed the level calculated with the equation E = 38.147(P)0.1072
calculated to three significant figures.  The allowable emission rate
shall be 90.0 pounds per hour for process weight rates equal to or
greater than 3,000 tons per hour.  For the purpose of these equations,
"E" equals the maximum allowable emission rate for particulate matter in
pounds per hour and "P" equals the process weight rate in tons per hour.

(b)  Fugitive non-process dust emissions shall be controlled by Rule
.0540 of this Section.

(c)  The owner or operator of any mica or feldspar plant shall control
process-generated emissions:

(1)	from crushers with wet suppression, and

(2)	from conveyors, screens, and transfer points,

such that the applicable opacity standards in Rule .0521 or .0524, of
this Section are not exceeded.

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

Eff. February 1, 1976;

Amended Eff. April 1, 2003; July 1, 1998; April 1, 1986; January 1,
1985.

15A NCAC 02D .0510	PARTICULATES FROM SAND, GRAVEL, OR CRUSHED STONE
OPERATIONS

(a)  The owner or operator of a sand, gravel, or crushed stone operation
shall not cause, allow, or permit any material to be produced, handled,
transported or stockpiled without taking measures to reduce to a minimum
any particulate matter from becoming airborne to prevent exceeding the
ambient air quality standards beyond the property line for particulate
matter, both PM10 and total suspended particulates.

(b)  Fugitive non-process dust emissions from sand, gravel, or crushed
stone operations shall be controlled by Rule .0540 of this Section.

(c)  The owner or operator of any sand, gravel, or crushed stone
operation shall control process-generated emissions:

(1)	from crushers with wet suppression, and

(2)	from conveyors, screens, and transfer points,

such that the applicable opacity standards in Rule .0521 or .0524, of
this Section are not exceeded.

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

Eff. February 1, 1976;

Amended Eff. July 1, 1998; January 1, 1985.

15A NCAC 02D .0511	PARTICULATES FROM LIGHTWEIGHT AGGREGATE PROCESSES

(a)  The owner or operator of a lightweight aggregate process shall not
cause, allow, or permit any material to be produced, handled,
transported or stockpiled without taking measures to reduce to a minimum
any particulate matter from becoming airborne to prevent the ambient air
quality standards for particulate matter, both PM10 and total suspended
particulates, from being exceeded beyond the property line.

(b)  Fugitive non-process dust emissions from lightweight aggregate
processes subject to this Rule shall be controlled by Rule .0540 of this
Section.

(c)  The owner or operator of any lightweight aggregate process shall
control process-generated emissions:

(1)	from crushers with wet suppression, and

(2)	from conveyors, screens, and transfer points,

such that the applicable opacity standards in Rule .0521 or .0524, of
this Section are not exceeded.

(d)  Particulate matter from any stack serving any lightweight aggregate
kiln or lightweight aggregate dryer shall be reduced by at least 95
percent by weight before being discharged to the atmosphere.  The
95-percent reduction shall be by air pollution control devices.

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

Eff. February 1, 1976;

Amended Eff. July 1, 1998; October 1, 1989; January 1, 1985; April 1,
1977.

15A NCAC 02D .0512	PARTICULATES FROM WOOD PRODUCTS FINISHING PLANTS

A person shall not cause, allow, or permit particulate matter caused by
the working, sanding, or finishing of wood to be discharged from any
stack, vent, or building into the atmosphere without providing, as a
minimum for its collection, adequate duct work and properly designed
collectors, or such other devices as approved by the Commission, and in
no case shall the ambient air quality standards be exceeded beyond the
property line.  Collection efficiency shall be determined on the basis
of weight.

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

Eff. February 1, 1976;

Amended Eff. January 1, 1985.

15A NCAC 02D .0513	PARTICULATES FROM PORTLAND CEMENT PLANTS

(a)  Particulate matter from any Portland cement kiln shall:

(1)	be reduced by at least 99.7 percent by weight before being
discharged to the atmosphere; the 99.7-percent reduction shall be by air
pollution control devices; and

(2)	not exceed 0.327 pounds per barrel.

(b)  The emissions of particulate matter from any stacks, vent or
outlets from all processes except Portland cement kilns shall be
controlled by Rule .0515 of this Section.

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

Eff. February 1, 1976;

Amended Eff. July 1, 1998; January 1, 1985.

15A NCAC 02D .0514	PARTICULATES FROM FERROUS JOBBING FOUNDRIES

Particulate emissions from any ferrous jobbing foundry cupola existing
before January 2, 1972 shall not exceed:

Maximum Allowable

Process Weight			       Emission

In Lb/Hour			Rate For Particulate In Lb/Hr

1,000					3.05

2,000					4.70

3,000					6.35

4,000					8.00

5,000					9.65

6,000					11.30

7,000					12.90

8,000					14.30

9,000					15.50

10,000					16.65

12,000					18.70

16,000					21.60

18,000					23.40

20,000					25.10

Any foundry existing before January 2, 1972, having a capacity greater
than shown in the table and any new foundry, regardless of size, shall
comply with the particulate emission limits specified in Paragraph (a)
of Rule .0515 of this Section.

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

Eff. February 1, 1976;

Amended Eff. July 1, 1998; April 1, 1986; January 1, 1985.

15A NCAC 02D.0515	PARTICULATES FROM MISCELLANEOUS INDUSTRIAL PROCESSES

(a)  The allowable emission rates for particulate matter from any stack,
vent, or outlet, resulting from any industrial process for which no
other emission control standards are applicable, shall not exceed the
level calculated with the equation E = 4.10(P)0.67 calculated to three
significant figures for process rates less than or equal to 30 tons per
hour.  For process rates greater than 30 tons per hour, the allowable
emission rates for particulate matter shall not exceed the level
calculated with the equation E = 55.0(P)0.11- 40 calculated to three
significant figures.  For the purpose of these equations "E" equals the
maximum allowable emission rate for particulate matter in pounds per
hour and "P" equals the process rate in tons per hour.

(b)  Process rate means the total weight of all materials introduced
into any specific process that may cause any emission of particulate
matter.  Solid fuels charged are considered as part of the process
weight, but liquid and gaseous fuels and combustion air are not.  For a
cyclical or batch operation, the process rate is derived by dividing the
total process weight by the number of hours in one complete operation
from the beginning of any given process to the completion thereof,
excluding any time during which the equipment is idle.  For a continuous
operation, the process rate is derived by dividing the process weight
for a typical period of time by the number of hours in that typical
period of time.

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

Eff. February 1, 1976;

Amended Eff. April 1, 2003; July 1, 1998; January 1, 1985; December 1,
1976.

15A NCAC 02D .0516	SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES

(a)  Emission of sulfur dioxide from any source of combustion that is
discharged from any vent, stack, or chimney shall not exceed 2.3 pounds
of sulfur dioxide per million BTU input. Sulfur dioxide formed by the
combustion of sulfur in fuels, wastes, ores, and other substances shall
be included when determining compliance with this standard. Sulfur
dioxide formed or reduced as a result of treating flue gases with sulfur
trioxide or other materials shall also be accounted for when determining
compliance with this standard.

(b)  A source subject to an emission standard for sulfur dioxide in
Rules .0524, .0527, .1110, .1111, .1205, .1206, .1210, or .1211 of this
Subchapter shall meet the standard in that particular rule instead of
the standard in Paragraph (a) of this Rule.

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

Eff. February 1, 1976;

Amended Eff. July 1, 2007; April 1, 2003; July 1, 1996; February 1,
1995; October 1, 1989; January 1, 1985; April 1, 1977.

15A NCAC 02D .0517	EMISSIONS FROM PLANTS PRODUCING SULFURIC ACID

Emissions of sulfur dioxide or sulfuric acid mist from the manufacture
of sulfuric acid shall not exceed:

(1)	27 pounds of sulfur dioxide per ton of sulfuric acid produced;

(2)	0.5 pounds of acid mist (expressed as sulfuric acid) per ton of
sulfuric acid produced.

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

Eff. February 1, 1976;

Amended Eff. January 1, 1985.

15A NCAC 02D .0519	CONTROL OF NITROGEN DIOXIDE AND NITROGEN OXIDES
EMISSIONS

(a)  The emissions of nitrogen dioxide shall not exceed 5.8 pounds per
ton of acid produced from any sulfuric acid manufacturing plant.

(b)  The emissions of nitrogen oxides shall not exceed:

(1)	0.8 pounds per million BTU of heat input from any oil or gas-fired
boiler with a capacity of 250 million BTU per hour or more;

(2)	1.8 pounds per million BTU of heat input from any coal-fired boiler
with a capacity of 250 million BTU per hour or more.

(c)  The emission limit for a boiler that burns both coal and oil or gas
in combination shall be calculated by the equation E = [(Ec) (Qc) + (Eo)
(Qo)] / Qt.

(1)	E = the emission limit for combination in pounds per million BTU.

(2)	Ec = emission limit for coal only as determined by Paragraph (b) of
this Rule in pounds per million BTU.

(3)	Eo = emission limit for oil or gas as determined by Paragraph (b) of
this Rule in pounds per million BTU.

(4)	Qc = the actual coal heat input to the combination in BTU per hour.

(5)	Qo = the actual oil and gas heat input to the combination in BTU per
hour.

(6)	Qt = Qc + Qo and is the actual total heat input to the combination
in BTU per hour.

(d)  A boiler subject to an emission standard for nitrogen oxides under
Rule .0524 (New Source Performance Standards) or .1418 (New Generating
Units, Large Boilers, and Large I/C Engines) of this Subchapter shall
meet the standard in that particular rule instead of the standard in
Paragraph (a) of this Rule.

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

Eff. February 1, 1976;

Amended Eff. July 1, 2007; January 1, 2005; July 1, 1996; October 1,
1989; January 1, 1985.

15A NCAC 02D .0521	CONTROL OF VISIBLE EMISSIONS

(a)  Purpose. The intent of this Rule is to prevent, abate and control
emissions generated from fuel burning operations and industrial
processes where an emission can reasonably be expected to occur, except
during startup, shutdowns, and malfunctions approved according to
procedures set out in Rule .0535 of this Section.

(b)  Scope. This Rule shall apply to all fuel burning sources and to
other processes that may have a visible emission.  However, sources
subject to a visible emission standard in Rules .0506, .0508, .0524,
.0543, .0544, .1110, .1111, .1205, .1206, .1210, or .1211 of this
Subchapter shall meet that standard instead of the standard contained in
this Rule.  This Rule does not apply to engine maintenance, rebuild, and
testing activities where controls are infeasible, except it does apply
to the testing of peak shaving and emergency generators.  (In deciding
if controls are infeasible, the Director shall consider emissions,
capital cost of compliance, annual incremental compliance cost, and
environmental and health impacts.)

(c)  For sources manufactured as of July 1, 1971, visible emissions
shall not be more than 40 percent opacity when averaged over a
six-minute period.  However, except for sources required to comply with
Paragraph (g) of this Rule, six-minute averaging periods may exceed 40
percent opacity if:

(1)	No six-minute period exceeds 90 percent opacity;

(2)	No more than one six-minute period exceeds 40 percent opacity in any
hour; and

(3)	No more than four six-minute periods exceed 40 percent opacity in
any 24-hour period.

(d)  For sources manufactured after July 1, 1971, visible emissions
shall not be more than 20 percent opacity when averaged over a
six-minute period.  However, except for sources required to comply with
Paragraph (g) of this Rule, six-minute averaging periods may exceed 20
percent opacity if:

(1)	No six-minute period exceeds 87 percent opacity;

(2)	No more than one six-minute period exceeds 20 percent opacity in any
hour; and

(3)	No more than four six-minute periods exceed 20 percent opacity in
any 24-hour period.

(e)  Where the presence of uncombined water is the only reason for
failure of an emission to meet the limitations of Paragraph (c) or (d)
of this Rule, those requirements shall not apply.

(f)  Exception from Opacity Standard in Paragraph (d) of this Rule.
Sources subject to Paragraph (d) of this Rule shall be allowed to comply
with Paragraph (c) of this Rule if:

(1)	The owner or operator of the source demonstrates compliance with
applicable particulate mass emissions standards; and

(2)	The owner or operator of the source submits data necessary to show
that emissions up to those allowed by Paragraph (c) of this Rule will
not violate any national ambient air quality standard.

The burden of proving these conditions shall be on the owner or operator
of the source and shall be approached in the following manner.  The
owner or operator of a source seeking an exception shall apply to the
Director requesting this modification in its permit.  The applicant
shall submit the results of a source test within 90 days of application.
 Source testing shall be by the appropriate procedure as designated by
rules in this Subchapter.  During this 90-day period the applicant shall
submit data necessary to show that emissions up to those allowed by
Paragraph (c) of this Rule will not contravene ambient air quality
standards.  This evidence shall include an inventory of past and
projected emissions from the facility.  In its review of ambient air
quality, the Division may require additional information that it
considers necessary to assess the resulting ambient air quality.  If the
applicant can thus show that it will be in compliance both with
particulate mass emissions standards and ambient air quality standards,
the Director shall modify the permit to allow emissions up to those
allowed by Paragraph (c) of this Rule.

(g)  For sources required to install, operate, and maintain continuous
opacity monitoring systems (COMS), compliance with the numerical opacity
limits in this Rule shall be determined as follows excluding startups,
shutdowns, maintenance periods when fuel is not being combusted, and
malfunctions approved as such according to procedures approved under
Rule .0535 of this Section:

(1)	No more than four six-minute periods shall exceed the opacity
standard in any one day; and

(2)	The percent of excess emissions (defined as the percentage of
monitored operating time in a calendar quarter above the opacity limit)
shall not exceed 0.8 percent of the total operating hours.  If a source
operates less than 500 hours during a calendar quarter, the percent of
excess emissions shall be calculated by including hours operated
immediately previous to this quarter until 500 operational hours are
obtained.

In no instance shall excess emissions exempted under this Paragraph
cause or contribute to a violation of any emission standard in this
Subchapter or 40 CFR Part 60, 61, or 63 or any ambient air quality
standard in Section 15A NCAC 02D .0400 or 40 CFR Part 50.

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

Eff. February 1, 1976;

Amended Eff. July 1, 2007; January 1, 2005; June 1, 2004; April 1, 2003;
April 1, 2001; July 1, 1998; July 1, 1996; December 1, 1992; August 1,
1987; January 1, 1985; May 30, 1978.

15A NCAC 02D .0524	NEW SOURCE PERFORMANCE STANDARDS

(a)  With the exception of Paragraph (b) and (c) of this Rule, sources
subject to new source performance standards promulgated in 40 CFR Part
60 shall comply with emission standards, monitoring and reporting
requirements, maintenance requirements, notification and record keeping
requirements, performance test requirements, test method and procedural
provisions, and any other provisions, as required therein, rather than
with any otherwise-applicable rule in this Section which would be in
conflict therewith.

(b)  The following is not included under this Rule:

(1)	40 CFR Part 60, Subpart AAA (new residential wood heaters);

(2)	40 CFR Part 60, Subpart B (adoption and submittal of state plans for
designated facilities);

(3)	40 CFR Part 60, Subpart C (emission guidelines and compliance
times);

(4)	40 CFR Part 60, Subpart Cb (guidelines for municipal waste
combustors constructed on or before September 20, 1994);

(5)	40 CFR Part 60, Subpart Cc (guidelines for municipal solid waste
landfills);

(6)	40 CFR Part 60, Subpart Cd (guidelines for sulfuric acid production
units);

(7)	40 CFR Part 60, Subpart Ce (guidelines for hospital, medical,
infectious waste incinerators);

(8)	40 CFR Part 60, Subpart BBBB (guidelines for small municipal waste
combustion units constructed on or before August 30, 1999);

(9)	40 CFR Part 60, Subpart DDDD (guidelines for commercial and
industrial solid waste incinerators constructed on or before November
30, 1999);

(10)	40 CFR Part 60, Subpart FFFF (guidelines for other solid waste
incinerators constructed on or before December 9, 2004); or

(11)	40 CFR Part 60, Subpart HHHH (guidelines for coal-fired electric
steam generating units.

(c)  Along with the notice appearing in the North Carolina Register for
a public hearing to amend this Rule to exclude a standard from this
Rule, the Director shall state whether or not the new source performance
standards promulgated under 40 CFR Part 60, or part thereof, shall be
enforced. If the Commission does not adopt the amendment to this Rule to
exclude or amend the standard within 12 months after the close of the
comment period on the proposed amendment, the Director shall begin
enforcing that standard when 12 months has elapsed after the end of the
comment period on the proposed amendment.

(d)  New sources of volatile organic compounds that are located in an
area designated in 40 CFR 81.334 as nonattainment for ozone or an area
identified in accordance with 15A NCAC 02D .0902 as being in violation
of the ambient air quality standard for ozone shall comply with the
requirements of 40 CFR Part 60 that are not excluded by this Rule, as
well as with any applicable requirements in Section .0900 of this
Subchapter.

(e)  All requests, reports, applications, submittals, and other
communications to the administrator required under Paragraph (a) of this
Rule shall be submitted to the Director of the Division of Air Quality
rather than to the Environmental Protection Agency.

(f)  In the application of this Rule, definitions contained in 40 CFR
Part 60 shall apply rather than those of Section .0100 of this
Subchapter.

(g)  With the exceptions allowed under 15A NCAC 02Q .0102, Activities
Exempted from Permit Requirements, the owner or operator of the source
shall apply for and receive a permit as required in 15A NCAC 02Q .0300
or .0500.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
150B-21.6;

Eff. June 18, 1976;

Temporary Amendment Eff. January 3, 1988, for a period of 180 days to
expire on June 30, 1988;

Amended Eff. December 1, 1992; July 1, 1992;

Temporary Amendment Eff. March 8, 1994, for a period of 180 days or
until the permanent rule is effective, whichever is sooner;

Amended Eff. July 1, 2007; January 1, 2007; July 1, 2000; April 1, 1997;
July 1, 1996; July 1, 1994.

15A NCAC 02D .0527	EMISSIONS FROM SPODUMENE ORE ROASTING

Emission of sulfur dioxide and sulfuric acid mist from any one kiln used
for the roasting of spodumene ore shall not exceed:

(1)	9.7 pounds of sulfur dioxide per ton of ore roasted.

(2)	1.0 pound of sulfuric acid mist, expressed as H(2) SO(4), per ton or
ore roasted.

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

Eff. March 15, 1978;

Amended Eff. January 1, 1985.

15A NCAC 02D .0528	TOTAL REDUCED SULFUR FROM KRAFT PULP MILLS

(a)  For the purpose of this Regulation, the following definitions
apply:

(1)	"Total reduced sulfur (TRS)" means the sum of the sulfur compounds
hydrogen sulfide, methyl mercaptain, dimethyl sulfide, and dimethyl
disulfide, that are released during the kraft pulping operation.

(2)	"Kraft pulp mill" means any facility that produces pulp from wood by
cooking (digesting) wood chips in a water solution of sodium hydroxide
and sodium sulfide (white liquor) at high temperature and pressure.
Regeneration of cooking chemicals through a recovery process is also
considered part of the kraft pulp mill.

(3)	"Recovery furnace" means either a straight kraft recovery furnace or
a cross recovery furnace and includes the direct-contact evaporator for
a direct-contact furnace.

(4)	"Cross recovery furnace" means a furnace used to recover chemicals
consisting primarily of sodium and sulfur compounds by burning black
liquor which on a quarterly basis contains more than seven percent by
weight of the total pulp solids from the neutral sulfite semichemical
process and has a green liquor sulfidity of more than 28 percent.

(5)	"Straight kraft recovery furnace" means a furnace used to recover
chemicals consisting primarily of sodium and sulfur compounds by burning
black liquor which on a quarterly basis contains seven percent by weight
or less of the total pulp solids from the neutral sulfite semichemical
process or has green liquor sulfidity of 28 percent or less.

(6)	"Old design recovery furnace" means a straight kraft recovery
furnace that does not have membrane wall or welded wall construction or
emission control designed air systems.

(7)	"New design recovery furnace" means a straight kraft recovery
furnace that has both membrane wall or welded wall construction and
emission control designed air systems.

(8)	"Neutral sulfite semichemical pulping operation" means any operation
in which pulp is produced from wood by cooking (digesting) wood chips in
a solution of sodium sulfite and sodium bicarbonate, followed by
mechanical defibrating (grinding).

(9)	"Digester system" means each continuous digester or each batch
digester used for the cooking of wood in white liquor, and associated
flash tanks, blow tanks, chip steamers and condensers.

(10)	"Multiple-effect evaporator system" means the multiple-effect
evaporators and associated condensers and hot wells used to concentrate
the spent cooking liquid that is separated from the pulp (black liquor).

(11)	"Lime kiln" means a unit used to calcine lime mud, which consists
primarily of calcium carbonate, into quicklime, which is calcium oxide.

(12)	"Condensate stripper system" means a column, and associated
condensers, used to strip, with air or steam, total reduced sulfur
compounds from condensate streams from various processes within a kraft
pulp mill.

(13)	"Smelt dissolving tank" means a vessel used for dissolving the
smelt collected from the recovery furnace.

(14)	"Black liquor solids" means the dry weight of the solids which
enter the recovery furnace in the black liquor.

(15)	"Green liquor sulfidity" means the sulfidity of the liquor which
leaves the smelt dissolving tank.

(b)  This Regulation shall apply to recovery furnaces, digester systems,
multiple-effect evaporator systems, lime kilns, smelt dissolving tanks,
and condensate stripping systems of kraft pulp mills not subject to
Regulation .0524 of this Section.

(c)  Emissions of total reduced sulfur from any kraft pulp mill subject
to this Regulation shall not exceed:

(1)	20 parts per million from any old design recovery furnace;

(2)	five parts per million from any new design recovery furnace;

(3)	25 parts per million from any cross recovery furnace;

(4)	five parts per million from any digester system;

(5)	five parts per million from any multiple-effect evaporator system;

(6)	20 parts per million from any lime kiln;

(7)	five parts per million from any condensate stripping system; and

(8)	0.032 pounds per ton of black liquor solids (dry weight) from any
smelt dissolving tank.

(d)  The emission limitations given in Subparagraphs (c)(1) through
(c)(7) of this Rule are measured as hydrogen sulfide on a dry gas basis
and are averages of discrete contiguous 12-hour time periods.  The
emission limitations given in Subparagraphs (c)(1) through (c)(3) of
this Rule are corrected to eight percent oxygen by volume.  The emission
limitations given in Subparagraph (c)(6) of this Rule is corrected to 10
percent oxygen by volume.

(e)  One percent of all 12-hour total reduced sulfur averages per
quarter year in excess of the limitations given in Subparagraphs (c)(1)
through (c)(3) of this Rule, in the absence of start-ups, shut-downs and
malfunctions, shall not be considered in violation.  Two percent of all
12-hour total reduced sulfur averages per quarter year in excess of the
limitation given in Subparagraph (c)(6) of this Rule, in the absence of
start-ups, shut-downs, and malfunctions, shall not be considered in
violation.

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

Eff. June 1, 1980;

Amended Eff. July 1, 1988; July 1, 1987; January 1, 1985; November 1,
1982.

15A NCAC 02D .0529	FLUORIDE EMISSIONS FROM PRIMARY ALUMINUM REDUCTION
PLANTS

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Fluoride" means elemental fluorine and all fluoride compounds as
measured by the methods specified in 15A NCAC 02D .2616 or by equivalent
or alternative methods approved by the Director or his delegate. The
Director may approve equivalent or alternative methods on an individual
basis for sources or pollutants if equivalent or alternative methods can
be demonstrated to determine compliance of permitted emission sources or
pollutants.

(2)	"Prebake cell" is an aluminum reduction pot which uses carbon anodes
that are formed, pressed, and baked prior to their placement in the pot.

(3)	"Primary aluminum reduction plant" means any facility manufacturing
aluminum by electrolytic reduction.

(b)  This Rule shall apply to prebake cells at all primary aluminum
reduction plants not subject to Rule .0524 of this Section.

(c)  An owner or operator of a primary aluminum reduction plant subject
to this Rule shall not cause, allow, or permit the use of the rebake
cells unless:

(1)	95 percent of the fluoride emissions are captured; and

(2)	98.5 percent of the captured fluoride emissions are removed before
the exhaust gas is discharged into the atmosphere.

(d)  The owner or operator of a primary aluminum reduction plant subject
to this Rule shall:

(1)	ensure that hood covers are in good repair and positioned over the
prebake cells;

(2)	minimize the amount of time that hood covers are removed during pot
working operations;

(3)	if the hooding system is equipped with a dual low and high hood
exhaust rate, use the high rate whenever hood covers are removed and
return to the normal exhaust rate when the hood covers are replaced;

(4)	minimize the occurrence of fuming pots and correct the cause of a
fuming pot as soon as practical; and

(5)	if the tapping crucibles are equipped with hoses which return
aspirator air under the hood, ensure that the hoses are in good repair
and that the air return system is functioning properly.

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

Eff. June 1, 1981;

Amended Eff. June 1, 2008; July 1, 1988; January 1, 1985.

15A NCAC 02D .0530	PREVENTION OF SIGNIFICANT DETERIORATION

(a)  The purpose of the Rule is to implement a program for the
prevention of significant deterioration of air quality as required by 40
CFR 51.166.

(b)  For the purposes of this Rule the definitions contained in 40 CFR
51.166(b) and 40 CFR 51.301 shall apply except the definition of
"baseline actual emissions."

(1)	"Baseline actual emissions" means the rate of emissions, in tons per
year, of a regulated new source review (NSR) pollutant, as determined in
accordance with Parts (A) through (C) of this Subparagraph:

(A)	For an existing emissions unit, baseline actual emissions means the
average rate, in tons per year, at which the emissions unit actually
emitted the pollutant during any consecutive 24-month period selected by
the owner or operator within the 5-year period immediately preceding the
date that a complete permit application is received by the Division for
a permit required under this Rule. The Director shall allow a different
time period, not to exceed 10 years immediately preceding the date that
a complete permit application is received by the Division, if the owner
or operator demonstrates that it is more representative of normal source
operation. For the purpose of determining baseline actual emissions, the
following shall apply:

(i)	The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.

(ii)	The average rate shall be adjusted downward to exclude any
non-compliant emissions that occurred while the source was operating
above any emission limitation that was legally enforceable during the
consecutive 24-month period.

(iii)	For an existing emission unit (other than an electric utility
steam generating unit), the average rate shall be adjusted downward to
exclude any emissions that would have exceeded an emission limitation
with which the major stationary source must currently comply. However,
if the State has taken credit in an attainment demonstration or
maintenance plan consistent with the requirements of 40 CFR
51.165(a)(3)(ii)(G) for an emission limitation that is part of a maximum
achievable control technology standard that the Administrator proposed
or promulgated under part 63 of the Code of Federal Regulations, the
baseline actual emissions shall be adjusted to account for such emission
reductions.

(iv)	For an electric utility steam generating unit, the average rate
shall be adjusted downward to reflect any emissions reductions under G.
S. 143-215.107D and for which cost recovery is sought pursuant to G. S.
62-133.6.

(v)	For a regulated NSR pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period shall be used to
determine the baseline actual emissions for all the emissions units
being changed. A different consecutive 24-month period for each
regulated NSR pollutant can be used for each regulated NSR pollutant.

(vi)	The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions, in tons per year, and for adjusting this amount if required
by Subparts (ii) and (iii) of this Part.

(B)	For a new emissions unit, the baseline actual emissions for purposes
of determining the emissions increase that will result from the initial
construction and operation of such unit shall equal zero; and
thereafter, for all other purposes, shall equal the unit's potential to
emit.

(C)	For a plantwide applicability limit (PAL) for a stationary source,
the baseline actual emissions shall be calculated for existing emissions
units in accordance with the procedures contained in Part (A) of this
Subparagraph, and for a new emissions unit in accordance with the
procedures contained in Part (B) of this Subparagraph.

(2)	In the definition of "net emissions increase," the reasonable period
specified in 40 CFR 51.166(b)(3)(ii) shall be seven years.

(3)	The limitation specified in 40 CFR 51.166(b)(15)(ii) shall not
apply.

(c)  All areas of the State shall be classified as Class II except that
the following areas are Class I:

(1)	Great Smoky Mountains National Park;

(2)	Joyce Kilmer Slickrock National Wilderness Area;

(3)	Linville Gorge National Wilderness Area;

(4)	Shining Rock National Wilderness Area;

(5)	Swanquarter National Wilderness Area.

(d)  Redesignations of areas to Class I or II may be submitted as state
proposals to the Administrator of the Environmental Protection Agency
(EPA), if the requirements of 40 CFR 51.166(g)(2) are met. Areas may be
proposed to be redesignated as Class III, if the requirements of 40 CFR
51.166(g)(3) are met. Redesignations may not, however, be proposed which
would violate the restrictions of 40 CFR 51.166(e). Lands within the
boundaries of Indian Reservations may be redesignated only by the
appropriate Indian Governing Body.

(e)  In areas designated as Class I, II, or III, increases in pollutant
concentration over the baseline concentration shall be limited to the
values set forth in 40 CFR 51.166(c). However, concentration of the
pollutant shall not exceed standards set forth in 40 CFR 51.166(d).

(f)  Concentrations attributable to the conditions described in 40 CFR
51.166(f)(1) shall be excluded in determining compliance with a maximum
allowable increase. However, the exclusions referred to in 40 CFR
51.166(f)(1)(i) or (ii) shall be limited to five years as described in
40 CFR 51.166(f)(2).

(g)  Major stationary sources and major modifications shall comply with
the requirements contained in 40 CFR 51.166(i) and (a)(7) and by
extension in 40 CFR 51.166(j) through (o) and (w). The transition
provisions allowed by 40 CFR 52.21 (i)(11)(i) and (ii) and (m)(1)(vii)
and (viii) are hereby adopted under this Rule. The minimum requirements
described in the portions of 40 CFR 51.166 referenced in this Paragraph
are hereby adopted as the requirements to be used under this Rule,
except as otherwise provided in this Rule. Wherever the language of the
portions of 40 CFR 51.166 referenced in this Paragraph speaks of the
"plan," the requirements described therein shall apply to the source to
which they pertain, except as otherwise provided in this Rule. Whenever
the portions of 40 CFR 51.166 referenced in this Paragraph provide that
the State plan may exempt or not apply certain requirements in certain
circumstances, those exemptions and provisions of nonapplicability are
also hereby adopted under this Rule. However, this provision shall not
be interpreted so as to limit information that may be requested from the
owner or operator by the Director as specified in 40 CFR 51.166(n)(2).

(h)  New natural gas-fired electrical utility generating units shall
install best available control technology for NOX and SO2.

(i)  40 CFR 51.166(w)(10)(iv)(a) is changed to read: "If the emissions
level calculated in accordance with Paragraph (w)(6) of this Section is
equal to or greater than 80 percent of the PAL [plant wide applicability
limit] level, the Director shall renew the PAL at the same level." 40
CFR 51.166(w)(10)(iv)(b) is not incorporated by reference.

(j)  15A NCAC 02Q .0102 and .0302 are not applicable to any source to
which this Rule applies. The owner or operator of the sources to which
this Rule applies shall apply for and receive a permit as required in
15A NCAC 02Q .0300 or .0500.

(k)  When a particular source or modification becomes a major stationary
source or major modification solely by virtue of a relaxation in any
enforceable limitation which was established after August 7, 1980, on
the capacity of the source or modification to emit a pollutant, such as
a restriction on hours of operation, then the provisions of this Rule
shall apply to the source or modification as though construction had not
yet begun on the source or modification.

(l)  The provisions of 40 CFR 52.21(r)(2) regarding the period of
validity of approval to construct are incorporated by reference except
that the term "Administrator" is replaced with "Director".

(m)  Volatile organic compounds exempted from coverage in 40 CFR
51.100(s) shall also be exempted when calculating source applicability
and control requirements under this Rule.

(n)  The degree of emission limitation required for control of any air
pollutant under this Rule shall not be affected in any manner by:

(1)	that amount of a stack height, not in existence before December 31,
1970, that exceeds good engineering practice; or

(2)	any other dispersion technique not implemented before then.

(o)  A substitution or modification of a model as provided for in 40 CFR
51.166(l) shall be subject to public comment procedures in accordance
with the requirements of 40 CFR 51.102.

(p)  Permits may be issued on the basis of innovative control technology
as set forth in 40 CFR 51.166(s)(1) if the requirements of 40 CFR
51.166(s)(2) have been met, subject to the condition of 40 CFR
51.166(s)(3), and with the allowance set forth in 40 CFR 51.166(s)(4).

(q)  If a source to which this Rule applies impacts an area designated
Class I by requirements of 40 CFR 51.166(e), notice to EPA will be
provided as set forth in 40 CFR 51.166(p)(1). If the Federal Land
Manager presents a demonstration described in 40 CFR 51.166(p)(3) during
the public comment period or public hearing to the Director and if the
Director concurs with this demonstration, the permit application shall
be denied. Permits may be issued on the basis that the requirements for
variances as set forth in 40 CFR 51.166(p)(4), (p)(5) and (p)(7), or
(p)(6) and (p)(7) have been satisfied.

(r)  A permit application subject to this Rule shall be processed in
accordance with the procedures and requirements of 40 CFR 51.166(q).
Within 30 days of receipt of the application, applicants shall be
notified if the application is complete as to initial information
submitted. Commencement of construction before full prevention of
significant deterioration approval is obtained constitutes a violation
of this Rule.

(s)  Approval of an application with regard to the requirements of this
Rule shall not relieve the owner or operator of the responsibility to
comply fully with applicable provisions of other rules of this
Subchapter or Subchapter 02Q of this Title and any other requirements
under local, state, or federal law.

(t)  When a source or modification subject to this Rule may affect the
visibility of a Class I area named in Paragraph (c) of this Rule, the
following procedures shall apply:

(1)	The Director shall provide written notification to all affected
Federal Land Managers within 30 days of receiving the permit application
or within 30 days of receiving advance notification of an application.
The notification shall be at least 30 days prior to the publication of
notice for public comment on the application. The notification shall
include a copy of all information relevant to the permit application
including an analysis provided by the source of the potential impact of
the proposed source on visibility.

(2)	The Director shall consider any analysis concerning visibility
impairment performed by the Federal Land Manager if the analysis is
received within 30 days of notification. If the Director finds that the
analysis of the Federal Land Manager fails to demonstrate to his
satisfaction that an adverse impact on visibility will result in the
Class I area, the Director shall provide in the notice of public hearing
on the application, an explanation of his decision or notice as to where
the explanation can be obtained.

(3)	The Director may require monitoring of visibility in or around any
Class I area by the proposed new source or modification when the
visibility impact analysis indicates possible visibility impairment.

(u)  If the owner or operator of a source is using projected actual
emissions to avoid applicability of prevention of significant
deterioration requirements, the owner or operator shall notify the
Director of the modification before beginning actual construction. The
notification shall include:

(1)	a description of the project,

(2)	identification of sources whose emissions could be affected by the
project,

(3)	the calculated projected actual emissions and an explanation of how
the projected actual emissions were calculated, including identification
of emissions excluded by 40 CFR 51.166(b)(40)(ii)(c),

(4)	the calculated baseline actual emissions and an explanation of how
the baseline actual emissions were calculated, and

(5)	any netting calculations if applicable.

If upon reviewing the notification, the Director finds that the project
will cause a prevention of significant deterioration evaluation, then
the Director shall notify the owner or operator of his findings. The
owner or operator shall not make the modification until it has received
a permit issued pursuant to this Rule. If a permit revision is not
required pursuant to this rule, the owner or operator shall maintain
records of annual emissions in tons per year, on a calendar year basis
related to the modifications for 10 years following resumption of
regular operations after the change if the project involves increasing
the emissions unit's design capacity or its potential to emit the
regulated NSR pollutant; otherwise these records shall be maintained for
five years following resumption of regular operations after the change.
The owner or operator shall submit a report to the director within 60
days after the end of each year during which these records must be
generated. The report shall contain the items listed in 40 CFR
51.166(r)(6)(v)(a) through (c). The owner or operator shall make the
information documented and maintained under this Paragraph available to
the Director or the general public pursuant to the requirements in 40
CFR 70.4(b)(3)(viii).

(v)  The reference to the Code of Federal Regulations (CFR) in this Rule
are incorporated by reference unless a specific reference states
otherwise. The version of the Code of Federal Regulations incorporated
in this Rule is that as of June 13, 2007 except those provisions noticed
as stayed in 69 FR 40274, and does not include any subsequent amendments
or editions to the referenced material.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);
143-215.107(a)(5); 143-215.107(a)(7); 143-215.108(b); 150B-21.6;

Eff. June 1, 1981;

Amended Eff. December 1, 1992; August 1, 1991;

Temporary Amendment Eff. March 8, 1994, for a period of 180 days or
until the permanent rule is effective, whichever is sooner;

Amended Eff. May 1, 2008; July 28, 2006; July 1, 1997; February 1, 1995;
July 1, 1994.

15A NCAC 02D .0531	SOURCES IN NONATTAINMENT AREAS

(a)  For the purpose of this Rule the definitions contained in 40 CFR
51.165(a)(1) and 40 CFR 51.301 shall apply except the definition of
"baseline actual emissions."

(1)	"Baseline actual emissions" means the rate of emissions, in tons per
year, of a regulated new source review (NSR) pollutant, as determined in
accordance with Parts (A) through (C) of this Subparagraph:

(A)	For an existing emissions unit, baseline actual emissions means the
average rate, in tons per year, at which the emissions unit actually
emitted the pollutant during any consecutive 24-month period selected by
the owner or operator within the 5-year period immediately preceding the
date that a complete permit application is received by the Division for
a permit required under this Rule. The Director shall allow a different
time period, not to exceed 10 years immediately preceding the date that
a complete permit application is received by the Division, if the owner
or operator demonstrates that it is more representative of normal source
operation. For the purpose of determining baseline actual emissions, the
following shall apply:

(i)	The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.

(ii)	The average rate shall be adjusted downward to exclude any
non-compliant emissions that occurred while the source was operating
above any emission limitation that was legally enforceable during the
consecutive 24-month period.

(iii)	For an existing emission unit (other than an electric utility
steam generating unit), the average rate shall be adjusted downward to
exclude any emissions that would have exceeded an emission limitation
with which the major stationary source must currently comply. However,
if the State has taken credit in an attainment demonstration or
maintenance plan consistent with the requirements of 40 CFR
51.165(a)(3)(ii)(G) for an emission limitation that is part of a maximum
achievable control technology standard that the Administrator proposed
or promulgated under part 63 of the Code of Federal Regulations, the
baseline actual emissions shall be adjusted to account for such emission
reductions.

(iv)	For an electric utility steam generating unit, the average rate
shall be adjusted downward to reflect any emissions reductions under
G.S. 143-215.107D and for which cost recovery is sought pursuant to G.S.
62-133.6.

(v)	For a regulated NSR pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period shall be used to
determine the baseline actual emissions for all the emissions units
being changed. A different consecutive 24-month period for each
regulated NSR pollutant.

(vi)	The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions, in tons per year, and for adjusting this amount if required
by Subparts (ii) and (iii) of this Part.

(B)	For a new emissions unit, the baseline actual emissions for purposes
of determining the emissions increase that will result from the initial
construction and operation of such unit shall equal zero; and
thereafter, for all other purposes, shall equal the unit's potential to
emit.

(C)	For a plantwide applicability limit (PAL) for a stationary source,
the baseline actual emissions shall be calculated for existing emissions
units in accordance with the procedures contained in Part (A) of this
Subparagraph, and for a new emissions unit in accordance with the
procedures contained in Part (B) of this Subparagraph.

(2)	In the definition of "net emissions increase," the reasonable period
specified in 40 CFR 51.165(a)(1)(vi)(C)(1) shall be seven years.

(b)  Redesignation to Attainment.  If any county or part of a county to
which this Rule applies is later designated in 40 CFR 81.334 as
attainment for ozone or carbon monoxide, all sources in that county
subject to this Rule before the redesignation date shall continue to
comply with this Rule.

(c)  Applicability. 40 CFR 51.165(a)(2) is incorporated by reference.
This Rule applies to the following areas:

(1)	Ozone Nonattainment Areas, to major stationary sources and major
modifications of sources of volatile organic compounds or nitrogen
oxides for which construction commences after the area in which the
source is located is designated according to Part (A) or (B) of this
Subparagraph:

(A)	areas designated in 40 CFR 81.334 as nonattainment for ozone, or

(B)	any of the following areas and in that area only when the Director
notices in the North Carolina Register that the area is in violation of
the ambient air quality standard for ozone:

(i)	Charlotte/Gastonia, consisting of Mecklenburg and Gaston Counties;
with the exception allowed under Paragraph (l) of this Rule;

(ii)	Greensboro/Winston-Salem/High Point, consisting of Davidson,
Forsyth, and Guilford Counties and that part of Davie County bounded by
the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton
Creek and back to Yadkin River; or

(iii)	Raleigh/Durham, consisting of Durham and Wake Counties and
Dutchville Township in Granville County.

Violations of the ambient air quality standard for ozone shall be
determined according to 40 CFR 50.9.

(2)	Carbon Monoxide Nonattainment Areas.  This Rule applies to major
stationary sources and major modifications of sources of carbon monoxide
located in areas designated in 40 CFR 81.334 as nonattainment for carbon
monoxide and for which construction commences after the area in which
the source is located is listed in 40 CFR 81.334 as nonattainment for
carbon monoxide.

(d)  This Rule is not applicable to:

(1)	complex sources of air pollution regulated only under Section .0800
of this Subchapter and not under any other rule in this Subchapter;

(2)	emission of pollutants at the new major stationary source or major
modification located in the nonattainment area that are pollutants other
than the pollutant or pollutants for which the area is nonattainment.
(A major stationary source or major modification that is major for
volatile organic compounds or nitrogen oxides is also major for ozone.);

(3)	emission of pollutants for which the source or modification is not
major;

(4)	a new source or modification that qualifies for exemption under the
provision of 40 CFR 51.165(a)(4); or

(5)	emission of compounds listed under 40 CFR 51.100(s) as having been
determined to have negligible photochemical reactivity except carbon
monoxide.

(e)  15A NCAC 02Q .0102 and .0302 are not applicable to any source to
which this Rule applies.  The owner or operator of the source shall
apply for and receive a permit as required in 15A NCAC 02Q .0300 or
.0500.

(f)  To issue a permit to a source to which this Rule applies, the
Director shall determine that the source meets the following
requirements:

(1)	The new major stationary source or major modification will emit the
nonattainment pollutant at a rate no more than the lowest achievable
emission rate;

(2)	The owner or operator of the proposed new major stationary source or
major modification has demonstrated that all major stationary sources in
the State that are owned or operated by this person (or any entity
controlling, controlled by, or under common control with this person)
are subject to emission limitations and are in compliance, or on a
schedule for compliance that is federally enforceable or contained in a
court decree, with all applicable emission limitations and standards of
this Subchapter that EPA has authority to approve as elements of the
North Carolina State Implementation Plan for Air Quality;

(3)	The owner or operator of the proposed new major stationary source or
major modification will obtain sufficient emission reductions of the
nonattainment pollutant from other sources in the nonattainment area so
that the emissions from the new major source and associated new minor
sources will be less than the emissions reductions by a ratio of at
least 1.00 to 1.15 for volatile organic compounds and nitrogen oxides
and by a ratio of less than one to one for carbon monoxide.  The
baseline for this emission offset shall be the actual emissions of the
source from which offset credit is obtained.  Emission reductions shall
not include any reductions resulting from compliance (or scheduled
compliance) with applicable rules in effect before the application. The
difference between the emissions from the new major source and
associated new minor sources of carbon monoxide and the emission
reductions shall be sufficient to represent reasonable further progress
toward attaining the Ambient Air Quality Standards.  The emissions
reduction credits shall also conform to the provisions of 40 CFR
51.165(a)(3)(ii)(A) through (G) and (J); and

(4)	The North Carolina State Implementation Plan for Air Quality is
being carried out for the nonattainment area in which the proposed
source is located.

(g)  New natural gas-fired electrical utility generating units shall
install lowest achievable emission rate technology for NOX and SO2.

(h)  40 CFR 51.165(f) is incorporated by reference except that 40 CFR
51.165(f)(10)(iv)(A) is changed to read: "If the emissions level
calculated in accordance with Paragraph (f)(6) of this Section is equal
to or greater than 80 percent of the PAL level, the Director shall renew
the PAL at the same level." 40 CFR 51.165(f)(10)(iv)(B) is not
incorporated by reference.

(i)  When a particular source or modification becomes a major stationary
source or major modification solely by virtue of a relaxation in any
enforceable limitation established after August(7, 1980, on the capacity
of the source or modification to emit a pollutant, such as a restriction
on hours of operation, then the provisions of this Rule shall apply to
the source or modification as though construction had not yet begun on
the source or modification.

(j)  To issue a permit to a source of a nonattainment pollutant, the
Director shall determine, in addition to the other requirements of this
Rule, that an analysis (produced by the permit applicant) of alternative
sites, sizes, production processes, and environmental control techniques
for the source demonstrates that the benefits of the source
significantly outweigh the environmental and social costs imposed as a
result of its location, construction, or modification.

(k)  The provisions of 40 CFR 52.21(r)(2) regarding the period of
validity of approval to construct are incorporated by reference except
that the term "Administrator" is replaced with "Director".

(l)  Approval of an application regarding the requirements of this Rule
shall not relieve the owner or operator of the responsibility to comply
fully with applicable provisions of other rules of this Chapter and any
other requirements under local, state, or federal law.

(m)  When a source or modification subject to this Rule may affect the
visibility of a Class I area named in Paragraph (c) of Rule .0530 of
this Section, the following procedures shall be followed:

(1)	The owner or operator of the source shall provide an analysis of the
impairment to visibility that would occur because of the source or
modification and general commercial, industrial and other growth
associated with the source or modification;

(2)	The Director shall provide written notification to all affected
Federal Land Managers within 30 days of receiving the permit application
or within 30 days of receiving advance notification of an application.
The notification shall be at least 30 days before the publication of the
notice for public comment on the application.  The notification shall
include a copy of all information relevant to the permit application
including an analysis provided by the source of the potential impact of
the proposed source on visibility;

(3)	The Director shall consider any analysis concerning visibility
impairment performed by the Federal Land Manager if the analysis is
received within 30 days of notification.  If the Director finds that the
analysis of the Federal Land Manager fails to demonstrate to his
satisfaction that an adverse impact on visibility will result in the
Class I area, the Director shall provide in the notice of public hearing
on the application, an explanation of his decision or notice where the
explanation can be obtained;

(4)	The Director shall issue permits only to those sources whose
emissions will be consistent with making reasonable progress toward the
national goal of preventing any future, and remedying any existing,
impairment of visibility in mandatory Class I areas when the impairment
results from manmade air pollution.  In making the decision to issue a
permit, the Director shall consider the cost of compliance, the time
necessary for compliance, the energy and nonair quality environmental
impacts of compliance, and the useful life of the source; and

(5)	The Director may require monitoring of visibility in or around any
Class I area by the proposed new source or modification when the
visibility impact analysis indicates possible visibility impairment.

The requirements of this Paragraph shall not apply to nonprofit health
or nonprofit educational institutions.

(n)  Paragraphs (f) and (j) of this Rule shall not apply to a new major
stationary source or a major modification of a source of volatile
organic compounds or nitrogen oxides for which construction commences
after the area in which the source is located has been designated
according to Part (c)(1)(B) of this Rule and before the area is
designated in 40 CFR 81.334 as nonattainment for ozone if the owner or
operator of the source demonstrates, using the Urban Airshed Model
(UAM), that the new source or modification will not contribute to or
cause a violation. The model used shall be that maintained by the
Division. The Division shall run the model only after the permit
application has been submitted. The permit application shall be
incomplete until the modeling analysis is completed. The owner or
operator of the source shall apply such degree of control and obtain
such offsets necessary to demonstrate the new source or modified source
will not cause or contribute to a violation.

(o)  If the owner or operator of a source is using projected actual
emissions to avoid applicability of nonattainment new source review, the
owner or operator shall notify the director of the modification before
beginning actual construction. The notification shall include:

(1)	a description of the project,

(2)	identification of sources whose emissions could be affected by the
project,

(3)	the calculated projected actual emissions and an explanation of how
the projected actual emissions were calculated, including identification
of emissions excluded by 40 CFR 51.165(a)(1)(xxviii)(B)(3),

(4)	the calculated baseline actual emissions and an explanation of how
the baseline actual emissions were calculated, and

(5)	any netting calculations if applicable.

If upon reviewing the notification, the Director finds that the project
will cause a nonattainment new source review evaluation, then the
Director shall notify the owner or operator of his findings. The owner
or operator shall not make the modification until it has received a
permit issued pursuant to this Rule. If a permit revision is not
required pursuant to this Rule, the owner or operator shall maintain
records of annual emissions in tons per year on a calendar year basis
related to the modifications for 10 years following resumption of
regular operations after the change if the project involves increasing
the emissions unit's design capacity or its potential to emit the
regulated NSR pollutant; otherwise these records shall be maintained for
five years following resumption of regular operations after the change.
The owner or operator shall submit a report to the director within 60
days after the end of each year during which these records must be
generated. The report shall contain the items listed in 40 CFR
51.165(a)(6)(v)(A) through (C). The owner or operator shall make the
information documented and maintained under this Paragraph available to
the Director or the general public pursuant to the requirements in 40
CFR 70.4(b)(3)(viii).

(p)  The version of the Code of Federal Regulations incorporated in this
Rule is that as of June 13, 2007 except those provisions noticed as
stayed in 69 FR 40274, and does not include any subsequent amendments or
editions to the referenced material.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
143-215.108(b);

Eff. June 1, 1981;

Amended Eff. December 1, 1993; December 1, 1992;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until
the permanent rule is effective, whichever is sooner;

Amended Eff. May 1, 2008; May 1, 2005; July 1, 1998; July 1, 1996; July
1, 1995; July 1, 1994.

15A NCAC 02D .0532	SOURCES CONTRIBUTING TO AN AMBIENT VIOLATION

(a)  This Rule applies to new major stationary sources and major
modifications to which Rule .0531 of this Section does not apply and
which would contribute to a violation of a national ambient air quality
standard but which would not cause a new violation.

(b)  For the purpose of this Rule the definitions contained in Section
II.A. of Appendix S of 40 CFR Part 51 shall apply.

(c)  The Rule is not applicable to:

(1)	complex sources of air pollution that are regulated only under
Section .0800 of this Subchapter and not under any other rule of this
Subchapter;

(2)	emission of pollutants for which the area in which the new or
modified source is located is designated as nonattainment;

(3)	emission of pollutants for which the source or modification is not
major;

(4)	emission of pollutants other than sulfur dioxide, total suspended
particulates, nitrogen oxides, and carbon monoxide;

(5)	a new or modified source whose impact will increase not more than:

(A)	1.0 ug/m3of SO2 on an annual basis,

(B)	5 ug/m3of SO2 on a 24-hour basis,

(C)	25 ug/m3of SO2 on a 3-hour basis,

(D)	1.0 ug/m3of total suspended particulates on an annual basis,

(E)	5 ug/m3of total suspended particulates on a 24-hour basis,

(F)	1.0 ug/m3of NO2 on an annual basis,

(G)	0.5 mg/m3of carbon monoxide on an 8-hour basis,

(H)	2 mg/m3of carbon monoxide on a one-hour basis,

(I)	1.0 ug/m3of PM10 on an annual basis, or

(J)	5 ug/m3of PM10 on a 24-hour basis,

at any locality that does not meet a national ambient air quality
standard;

(6)	sources which are not major unless secondary emissions are included
in calculating the potential to emit;

(7)	sources which are exempted by the provision in Section II.F. of
Appendix S of 40 CFR Part 51;

(8)	temporary emission sources which will be relocated within two years;
and

(9)	emissions resulting from the construction phase of the source.

(d)  15A NCAC 2Q .0102 and .0302 are not applicable to any source to
which this Rule applies.  The owner or operator of the source shall
apply for and receive a permit as required in 15A NCAC 2Q .0300 or
.0500.

(e)  To issue a permit to a new or modified source to which this Rule
applies, the Director shall determine that the source will meet the
following conditions:

(1)	The sources will emit the nonattainment pollutant at a rate no more
than the lowest achievable emission rate.

(2)	The owner or operator of the proposed new or modified source has
demonstrated that all major stationary sources in the State which are
owned or operated by this person (or any entity controlling, controlled
by, or under common control with this person) are subject to emission
limitations and are in compliance, or on a schedule for compliance which
is federally enforceable or contained in a court decree, with all
applicable emission limitations and standards of this Subchapter which
EPA has authority to approve as elements of the North Carolina State
Implementation Plan for Air Quality.

(3)	The source will satisfy one of the following conditions:

(A)	The source will comply with Subparagraph (e)(3) of Rule .0531 of
this Section when the source is evaluated as if it were in the
nonattainment area; or

(B)	The source will have an air quality offset, i.e., the applicant will
have caused an air quality improvement in the locality where the
national ambient air quality standard is not met by causing reductions
in impacts of other sources greater than any additional impact caused by
the source for which the application is being made.  The emissions
reductions creating the air quality offset shall be placed as a
condition in the permit for the source reducing emissions.  The
requirements of this Part may be partially waived if the source is a
resource recovery facility burning municipal solid waste, the source
must switch fuels due to lack of adequate fuel supplies, or the source
is required to be modified as a result of EPA regulations and no
exemption from such regulations is available and if:

(i)	the permit applicant demonstrates that it made its best efforts to
obtain sufficient air quality offsets to comply with this Part;

(ii)	the applicant has secured all available air quality offsets; and

(iii)	the applicant will continue to seek the necessary air quality
offsets and apply them when they become available.

(f)  At such time that a particular source or modification becomes a
major stationary source or major modification solely by virtue of a
relaxation in any enforceable limitation established after August 7,
1980, on the capacity of the source or modification to emit a pollutant,
such as a restriction on hours of operation, then the provisions of this
Rule shall apply to the source or modification as though construction
had not yet begun on the source or modification.

(g)  The version of the Code of Federal Regulations incorporated in this
Rule is that as of January 1, 1989, and does not include any subsequent
amendments or editions to the referenced material.

History Note:	Filed as a Temporary Amendment Eff. March 8, 1994 for a
period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 143-215.108(b);
150B-21.6;

Eff. June 1, 1981;

Amended Eff. July 1, 1994; December 1, 1993; December 1, 1992; October
1, 1989.

15A NCAC 02D .0533	STACK HEIGHT

(a)  For the purpose of this Rule, the following definitions apply:

(1)	"Stack" means any point in a source designed to emit solids,
liquids, or gases into the air, including a pipe or duct but not
including flares.

(2)	"A stack in existence" means that the owner or operator had:

(A)	begun, or caused to begin, a continuous program of physical on-site
construction of the stack; or

(B)	entered into binding agreements or contractual obligations, which
could not be canceled or modified without substantial loss to the owner
or operator, to undertake a program of construction of the stack to be
completed in the time that is normally required to construct such a
stack.

(3)	"Dispersion technique"

(A)	"Dispersion technique" means any technique which attempts to affect
the concentration of a pollutant in the ambient air by:

(i)	using that portion of a stack which exceeds good engineering
practice stack height,

(ii)	varying the rate of emission of a pollutant according to
atmospheric conditions or ambient concentrations of that pollutant, or

(iii)	increasing final exhaust gas plume rise by manipulating source
process parameters, exhaust gas parameters, stack parameters, or
combining exhaust gases from several existing stacks into one stack; or
other selective handling of exhaust gas streams so as to increase the
exhaust gas plume rise.

(B)	"Dispersion technique" does not include:

(i)	the reheating of a gas stream, following use of a pollution control
system, for the purpose of returning the gas to the temperature at which
it was originally discharged from the facility generating the gas
stream;

(ii)	the using of smoke management in agricultural or silvicultural
prescribed burning programs;

(iii)	the merging of exhaust gas streams where:

(I)	The facility owner or operator demonstrates that the source was
originally designed and constructed with such merged gas streams;

(II)	After July 8, 1985, such merging is part of a change in operation
at the facility that includes the installation of pollution controls and
is accompanied by a net reduction in the allowable emissions of a
pollutant.  This exclusion from the definition of "dispersion
techniques" shall apply only to the emission limitation for the
pollutant affected by such change in operation; or

(III)	Before July 8, 1985, such merging was part of a change in
operation at the source that included the installation of emissions
control equipment or was carried out for sound economic or engineering
reasons.  Where there was an increase in the emission limitation or in
the event that no emission limitation was in existence prior to the
merging, an increase in the quantity of pollutants actually emitted
prior to the merging, the Director shall presume that merging was
significantly motivated by an intent to gain emissions credit for
greater dispersion.  Absent a demonstration by the source owner or
operator that merging was not significantly motivated by such intent,
the Director shall deny credit for the effects of such merging in
calculating the allowable emissions for the source;

(iv)	Episodic restrictions on residential woodburning and open burning;
or

(v)	Techniques under Subpart (A)(iii) of this Subparagraph which
increase final exhaust gas plume rise where the resulting allowable
emissions of sulfur dioxide from the facility do not exceed 5,000 tons
per year.

(4)	"Good engineering practice (GEP) stack height" means the greater of:

(A)	65 meters measured from the ground-level elevation at the base of
the stack;

(B)	2.5 times the height of nearby structure(s) measured from the
ground-level elevation at the base of the stack for stacks in existence
on January 12, 1979 and for which the owner or operator had obtained all
applicable permit or approvals required under 15A NCAC 2Q and 40 CFR
Parts 51 and 52, provided the owner or operator produces evidence that
this equation was actually relied on in establishing an emission
limitation;

(C)	for stacks not covered under Part (B) of this Subparagraph, the
height of nearby structure(s) measured from the ground-level elevation
at the base of the stack plus 1.5 times the lesser dimension (height or
projected width) of nearby structure(s) provided that the Director may
require the use of a field study or fluid model to verify GEP stack
height for the source; or

(D)	the height demonstrated by a fluid model or a field study approved
by the Director, which ensures that the emissions from a stack do not
result in excessive concentrations of any air pollutant as a result of
atmospheric downwash, wakes, or eddy effects created by the source
itself, nearby structures or nearby terrain features.

(5)	"Nearby" means, for a specific structure or terrain feature: