consult with each other on matters described in 15A NCAC 2D .2005.
Consultation shall begin as early as possible in the development of the
emissions analysis used to support a conformity determination.  The
agency that performs the emissions analysis shall make the analysis
available to the Division of Air Quality and at least 21 days shall be
allowed for review and comment on the emissions analysis.  The 21-day
review period shall begin upon receipt of the analysis by the Director
of the Division of Air Quality.  After review by the Division of Air
Quality the approving agency shall seek public comments in accordance
with its public participation policy.  The agency making the conformity
determination shall address all written comments received prior to close
of the public comment period, and these comments and responses thereto
shall be included in the final document.  If the Division of Air Quality
disagrees with the resolution of its comments, the conflict may be
escalated to the Governor within 14 days and shall be resolved in
accordance with 40 CFR 93.105(d).  The 14-day appeal period shall begin
upon receipt by the Director of the Division of Air Quality of the
metropolitan planning organization's resolution that determines
conformity.

(c)  The agency that performs the conformity analysis shall notify the
Division of Air Quality of:

(1)	any changes in planning or analysis assumptions [including land use
and vehicle miles traveled (VMT) forecasts], and

(2)	any revisions to transportation plans or transportation improvement
plans that add, delete, or change projects that require a new emissions
analysis (including design scope and dates that change the
transportation network existing in a horizon year).

Comments made by the Division of Air Quality and responses thereto made
by the agency shall become part of the final planning document.

(d)  Transportation plans shall satisfy the requirements of 40 CFR
93.106.  Transportation plans and transportation improvement programs
shall satisfy the fiscal constraints specified in 40 CFR 93.108.
Transportation plans, programs, and FHWA/FTA projects shall satisfy the
applicable requirements of 40 CFR 93.109 through 93.118.

(e)  Written commitments to implement control measures that are not
included in the transportation plan and transportation improvement
program (TIP) shall be obtained before a conformity determination and
these commitments shall be fulfilled.  Written commitments to implement
mitigation measures shall be obtained before a positive conformity
determination, and project sponsors shall comply with these commitments.

(f)  A recipient of federal funds designated under Title 23 U.S.C. or
the Federal Transit Act shall not adopt or approve a regionally
significant highway or transit project, regardless of funding source,
unless the requirements of 40 CFR Part 93 are fully complied with.

(g)  The degree of specificity required in a transportation plan and the
specific travel network assumed for air quality modeling shall not
preclude the consideration of alternatives in the National Environmental
Policy Act of 1969 process, in accordance with 40 CFR 93.107.

(h)  When assisting or approving any action with air quality-related
consequence, the Federal Highway Administration and the Federal Transit
Administration of the Department of Transportation shall give priority
to the implementation of those transportation portions of an applicable
implementation plan prepared to attain and maintain the national ambient
air quality standards as provided under 40 CFR 93.103.  This priority
shall be consistent with statutory requirements for allocation of funds
among states or other jurisdictions.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. April 1, 1999.

15A NCAC 02D .2004	DETERMINING TRANSPORTATION-RELATED EMISSIONS

(a)  The procedures in 40 CFR 93.122 shall be used to determine regional
transportation-related emissions.

(b)  The procedures in 40 CFR 93.123 shall be used to determine
localized carbon monoxide concentrations (hot-spot analysis).

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. April 1, 1999.

15A NCAC 02D .2005	MEMORANDUM OF AGREEMENT

(a)  The Division of Air Quality shall develop and maintain a memorandum
of agreement with the North Carolina Department of Transportation, the
metropolitan planning organizations of the areas identified in Rule
.2001(b), (c),  or (d) of this Section, and the United States Department
of Transportation to describe the participation and responsibilities of
each of these agencies in implementing the requirements of this Section
and 40 CFR Part 93.  For those areas identified in Rule .2001(b), (c),
or (d) of this Section for which there is no metropolitan planning
organization, the North Carolina Department of Transportation shall
represent those areas for the purposes of the memorandum of agreement.
The memorandum of agreement shall include:

(1)	consultation procedures described under 40 CFR 93.105;

(2)	the projected time allotted for each agency to review and comment on
or to respond to comments on transportation improvement programs,
transportation plans, and transportation projects; and

(3)	consultation procedures for the development of State Implementation
Plans that relate to transportation.

The contents of the Memorandum of Agreement shall comply with the
criteria and procedures in the federal Clean Air Act Section 176(c) [42
U.S.C. 7401-7671q] and 40 CFR Part 51, Subpart T, 40 CFR Part 93,
Subpart A, and Rules .2001 through .2004 of this Section.

(b)  No recipient of federal funds (as defined at 40 CFR 93.101)
designated under Title 23 U.S.C. or the Federal Transit Act shall adopt
or approve or take any action to develop or implement a regionally
significant highway or transit project unless such recipient has signed
the Memorandum of Agreement established under this Rule. This Memorandum
of Agreement shall bind the recipient to adhere to the conformity
criteria and procedures of this Section.

(c)  No agency shall adopt or approve or take any action to implement or
develop any transportation plan, transportation improvement program, or
federally funded or approved FHWA/FTA highway or transit project unless
the agency has signed the Memorandum of Agreement established under this
Rule.  This Memorandum of Agreement shall bind the recipient to adhere
to the conformity criteria and procedures of this Section.

(d)  Each federal agency that participates in determinations of
conformity to state and federal implementation plans shall sign the
Memorandum of Agreement established under this Rule.  This Memorandum of
Agreement shall bind the recipient to adhere to the conformity criteria
and procedures of this Section.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. April 1, 1999.

SECTION .2100 – RISK MANAGEMENT PROGRAM

15A NCAC 02D .2101	APPLICABILITY

(a)  This Section applies to any facility that has more than a threshold
quantity of a regulated substance listed in 40 CFR 68.130 in a process
as determined under 40 CFR 68.115, except for those exemptions listed in
Paragraph (b) of this Rule.  The facility shall comply with this Section
no later than the latest of the following dates:

(1)	July 1, 2000 [NOTE: Before the effective date of the rules in this
Section, the U. S. Environmental Protection Agency is the implementing
agency of 40 CFR Part 68. Under 40 CFR 68.10(a)(1) the facility is
required to comply by June 21, 1999.];

(2)	three years after the date on which a regulated substance is first
listed under 40 CFR 68.130; or

(3)	the date on which a regulated substance is first present above a
threshold quantity in a process.

(b)  The following substances are exempt from the provisions of this
Section:

(1)	exemptions listed in 40 CFR 68.125, and

(2)	flammable substances that are used as a fuel or held for sale as a
fuel at a retail facility.

(c)  A covered process that meets all the requirements of 40 CFR
68.10(b) is eligible for Program 1 requirements.

(d)  A covered process that meets the requirements of 40 CFR 68.10(c) is
subject to Program 2 requirements.

(e)  A covered process that meets the requirements of 40 CFR 68.10(d) is
subject to Program 3 requirements.

(f)  If at any time a covered process no longer meets the eligibility
criteria of its Program level, the owner or operator of the facility
shall comply with the requirements of the new Program level that applies
to the process and update the risk management plan as provided in 40 CFR
68.190.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. July 1, 2000.

15A NCAC 02D .2102	DEFINITIONS

For the purpose of this Section the definitions contained in 40 CFR 68.3
shall apply with the following exception: "Implementing agency" means
the Division of Air Quality.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. July 1, 2000.

15A NCAC 02D .2103	REQUIREMENTS

Except as provided in 40 CFR 68.2 and 15A NCAC 02D .2101(b), the owner
or operator of any facility covered under this Section shall comply with
all the applicable requirements in:

(1)	40 CFR 68.12, General Requirements;

(2)	40 CFR 68.15, Management;

(3)	40 CFR Part 68, Subpart B, Hazard Assessment, including 40 CFR Part
68, Appendix A, Table of Toxic Endpoints;

(4)	40 CFR Part 68, Subpart C, Program 2 Prevention Program;

(5)	40 CFR Part 68, Subpart D, Program 3 Prevention Program;

(6)	40 CFR Part 68, Subpart E, Emergency Response;

(7)	40 CFR Part 68, Subpart G, Risk Management Plan;

(8)	40 CFR 68.200, Recordkeeping; and

(9)	40 CFR 68.220(f).

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. July 1, 2000.

15A NCAC 02D .2104	IMPLEMENTATION

(a)  The owner or operator of each facility covered under this Section
shall:

(1)	submit a risk management plan or a revised plan when required by
this Section to the Environmental Protection Agency; and

(2)	submit a source certification or, in its absence, submit a
compliance schedule consistent with 15A NCAC 2Q .0508(g)(2).

(b)  The Division may initiate enforcement action against any facility
that fails to comply with the requirements of this Section or any
provision of its plan submitted pursuant to this Section.

(c)  The Division may conduct completeness checks, source audits, record
reviews, or facility inspections to ensure that facilities covered under
this Section are in compliance with the requirements of this Section.
In addition, the Division may conduct periodic audits following the
audit procedures of 40 CFR 68.220.  The Division may take enforcement
action if the owner or operator fails to comply with the provisions of
40 CFR 68.220.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);

Eff. July 1, 2000.

SECTION .2200 – SPECIAL ORDERS

15A NCAC 02D .2201	PURPOSE

The purpose of this Section is to implement the provisions of G.S.
143-215.110 pertaining to the issuance of air quality Special Orders by
the Environmental Management Commission.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.110;

Eff. April 1, 2004.

15a ncac 02d .2202	DEFINITIONS

For the purposes of this Section, the following definitions apply:

(1)	"Special Order" means a directive of the Commission to any person
whom it finds responsible for causing or contributing to any pollution
of the air of the State.  The term includes all orders or instruments
issued by the Commission pursuant to G.S. 143-215.110.

(2)	"Consent Order" means a Special Order into which the Commission
enters with the consent of the person who is subject to the order.

(3)	"Special Order by Consent" means "Consent Order."

History Note:	Authority G.S. 143-212; 143-213; 143-215.3(a)(1);
143-215.110;

Eff. April 1, 2004.

15A NCAC 02D .2203	PUBLIC NOTICE

(a)  The requirements of this Rule for public notice and public hearing
apply to Consent Orders. The Commission may specify other conditions for
Special Orders issued without consent if it finds such conditions are
necessary to achieve or demonstrate compliance with a requirement under
this Subchapter or 15A NCAC 02Q.

(b)  Notice of proposed Consent Order:

(1)	The Director shall give notice pursuant to G.S. 143-215.110(a1).

(2)	The notice shall include at least the following:

(A)	name, address, and telephone number of the Division;

(B)	name and address of the person to whom the proposed order is
directed;

(C)	a brief summary of the conditions of the proposed order including
the period of time in which action shall be taken to achieve compliance
and the major permit conditions or emission standards that the source
will be allowed to exceed during the pendency of the order;

(D)	a brief description of the procedures to be followed by the
Commission or Director in reaching a final decision on the proposed
order, which shall include descriptions of the process for submitting
comments and requesting a public hearing.  The description shall specify
that comments and requests for a public hearing are to be received by
the Division within 30 days following the date of public notice; and

(E)	a description of the information available for public review, where
it can be found, and procedures for obtaining copies of pertinent
documents.

(c)  Notice of public hearing for proposed Consent Order:

(1)	The Director shall consider all requests for a public hearing, and
if he determines significant public interest for a public hearing
exists, then he shall hold a public hearing.

(2)	The Director shall give notice of the public hearing at least 30
days before the hearing.

(3)	The notice shall be advertised in a local newspaper and provided to
those persons specified in G.S. 143-215.110(a1)(2) for air quality
special orders.

(4)	The notice shall include the information specified in Subparagraph
(b)(2) of this Rule. It shall also state the time and location for the
hearing along with procedures for providing comment.

(5)	The Chairman of the Commission or the Director shall appoint one or
more hearing officers to preside over the public hearing and to receive
written and oral comments. The hearing officer shall provide the
Commission a written report of the hearing, which shall include:

(A)	a copy of the public notice published in the newspaper;

(B)	a copy of all the written comments and supporting documentation
received;

(C)	a summary of all the oral comments received;

(D)	recommendations of the hearing officer to the Commission; and

(E)	a proposed Consent Order for the Commission's consideration.

(d)  Any person may request to receive copies of all notices required by
this Rule, and the Director shall mail copies of notices to those who
have submitted a request.

(e)  The Director may satisfy the requirements in Paragraphs (b) and (c)
of this Rule by issuing a notice that complies with both Paragraphs.

(f)  Any Consent Order may be amended by the Director to incorporate
minor modifications, such as modification of standard conditions to
reflect updated versions, correction of typographical errors, or interim
date extensions, in a consent order without public notice provided that
the modifications do not extend the final compliance date by more than
four months.

History Note:	Authority G.S. 143-215.2; 143-215.3(a)(1);
143-215.3(a)(3); 143-215.3(a)(4); 143-215.110;

Eff. April 1, 2004.

15A NCAC 02D .2204	FINAL ACTION ON cONSENT ORDERS

(a)  The Director shall take final action for the Commission on Consent
Orders for which a public hearing has not been held as provided in Rule
.2203 of this Section. The final action on the proposed order shall be
taken no later than 60 days following publication of the notice.

(b)  The Commission shall take final action on Consent Orders for which
a public hearing has been held as provided in Rule .2203 of this
Section. The final action on the proposed order shall be taken no later
than 90 days following the hearing.

History Note:	Authority G.S. 143-215.2; 143-215.3(a)(1);
143-215.3(a)(4); 143-215.110;

Eff. April 1, 2004.

15A NCAC 02D .2205	NOTIFICATION OF RIGHT TO CONTEST SPECIAL ORDERS
ISSUED WITHOUT CONSENT

For any Special Orders other than Consent Orders, the Commission shall
notify the person subject to the order of the procedure set out in G.S.
150B-23 to contest the Special Order.

History Note:	Authority G.S. 143-215.2(b); 143-215.3(a)(1);
143-215.110(b);

Eff. April 1, 2004.

SECTION .2300 – BANKING EMISSION REDUCTION CREDITS

15A NCAC 02D .2301	PURPOSE

This Section provides for the creation, banking, transfer, and use of
emission reduction credits for:

(1)	nitrogen oxides (NOx),

(2)	volatile organic compounds (VOC),

(3)	sulfur dioxide (SO2),

(4)	fine particulate (PM2.5), and

(5)	ammonia (NH3)

for offsets under 15A NCAC 02D .0531, Sources in Nonattainment Area.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2302	DEFINITIONS

For the purposes of this Section, the following definitions shall apply:

(1)	"Air permit" means a construction and operation permit issued under
15A NCAC 02Q .0300, Construction and Operation Permits, or .0500, Title
V Procedures.

(2)	"Banking" means a system for recording emission reduction credits so
that they may be used or transferred in the future.

(3)	"Enforceable" means enforceable by the Division. Methods for
ensuring that emission reduction credits are enforceable include
conditions in air permits issued.

(4)	"Federally designated ozone nonattainment area in North Carolina"
means an area designated as nonattainment for ozone and described in 40
CFR 81.334.

(5)	"Federally designated fine particulate (PM2.5) nonattainment area in
North Carolina" means an area designated as nonattainment for fine
particulate (PM2.5) and described in 40 CFR 81.334.

(6)	"Netting Demonstration" means the act of calculating a "net
emissions increase" under the preconstruction review requirements of
Title I, Part D of the Federal Clean Air Act and the regulations
promulgated there under in 15A NCAC 02D .0530, Prevention of Significant
Deterioration, or .0531, Sources in Nonattainment Area.

(7)	"Permanent means assured for the life of the corresponding emission
reduction credit through an enforceable mechanism such as a permit
condition or revocation.

(8)	"Quantifiable" means that the amount, rate, and characteristics of
the emission reduction credit can be estimated through a reliable,
reproducible method.

(9)	"Real" means a reduction in actual emissions emitted into the air.

(10)	"Surplus" means not required by any local, State, or federal law,
rule, order, or requirement and in excess of reductions used by the
Division in issuing any air permit, in excess of any conditions in an
air permit to avoid an otherwise applicable requirement, or to
demonstrate attainment of ambient air quality standards in 15A NCAC 02D
.0400 or reasonable further progress towards achieving attainment of
ambient air quality standards. For the purpose of determining the amount
of surplus emission reductions, any seasonal emission limitation or
standard shall be assumed to apply throughout the year. The following
are not considered surplus:

(a)	emission reductions that have previously been used to avoid 15A NCAC
02D .0530 or .0531 (new source review) through a netting demonstration;

(b)	Emission reductions in hazardous air pollutants listed pursuant to
Section 112(b) of the federal Clean Air Act to the extent needed to
comply with 15A NCAC 02D .1109, .1111, or .1112; however, emission
reductions in hazardous air pollutants that are also volatile organic
compounds beyond that necessary to comply with 15A NCAC 02D .1109,
.1111, or .1112 are surplus; or

(c)	emission reductions used to offset excess emissions from another
source as part of an alternative mix of controls ("bubble")
demonstration under 15A NCAC 02D .0501.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2303	APPLICABILITY AND ELIGIBILITY

(a)  Applicability.  Any facility that has the potential to emit
nitrogen oxides, volatile organic compounds, sulfur dioxide, ammonia, or
fine particulate (PM2.5) in amounts greater than 25 tons per year and
that is in a federally designated ozone or fine particulate (PM2.5)
nonattainment area in North Carolina is eligible to create and bank
nitrogen oxides, volatile organic compounds, sulfur dioxide, ammonia, or
fine particulate (PM2.5) emission reduction credits.

(b)  Eligibility of emission reductions.

(1)	To be approved by the Director as an emission reduction credit, a
reduction in emissions shall be real, permanent, quantifiable,
enforceable, and surplus and shall have occurred:

(A)	for ozone after December 31, 2002 for the Charlotte-Gastonia-Rock
Hill, NC-SC nonattainment area, the Raleigh-Durham-Chapel Hill
nonattainment area, the Rocky Mount nonattainment area, and the Haywood
and Swain Counties (Great Smoky Mountains National Park) nonattainment
area, and after December 31, 2000 for all other nonattainment areas.

(B)	for fine particulate (PM2.5) after December 31, 2002 for the
Greensboro-Winston-Salem-High Point, NC and Hickory-Morganton-Lenoir, NC
nonattainment areas.

(2)	To be eligible for consideration as emission reduction credits,
emission reductions may be created by any of the following methods:

(A)	installation of control equipment beyond what is necessary to comply
with existing rules;

(B)	a change in process inputs, formulations, products or product mix,
fuels, or raw materials;

(C)	a reduction in actual emission rate;

(D)	a reduction in operating hours;

(E)	production curtailment or reduction in throughput;

(F)	shutdown of emitting sources or facilities; or

(G)	any other enforceable method that the Director finds resulting in
real, permanent, quantifiable, enforceable, and surplus reduction of
emissions.

(c)  Ineligible for emission reduction credit. Emission reductions from
the following are not eligible to be banked as emission reduction
credits:

(1)	sources covered under a special order or variance until compliance
with the emission standards that are the subject of the special order or
variance is achieved;

(2)	sources that have operated less than 24 months;

(3)	emission allocations and allowances used in the budget trading
program under 15A NCAC 02D .1419 or .2408;

(4)	emission reductions outside North Carolina; or

(5)	mobile sources.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005;

Amended Eff. July 1, 2007.

15A NCAC 02D .2304	QUALIFICATION OF EMISSION REDUCTION CREDITS

For purposes of calculating the amount of emission reduction that can be
quantified as an emission reduction credit, the following procedures
shall be followed:

(1)	The source's average actual annual emissions before the emission
reduction shall be calculated in tons per year. In calculating average
actual annual emissions before the emission reduction, data from the
24-month period immediately preceding the reduction in emissions shall
be used. The Director may allow the use of a different time period, not
to exceed seven years immediately preceding the reduction in emissions
if the owner or operator of the source documents that such period is
more representative of normal source operation.

(2)	The emission reduction credit generated by the emission reduction
shall be calculated by subtracting the allowable annual emissions rate
following the reduction from the average actual annual emissions prior
to the reduction.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2305	CREATING AND BANKING EMISSION REDUCTION CREDITS

(a)  The owner or operator of a source seeking to create and bank
emission reduction credits shall submit over the signature of the
responsible official for a Title V facility or the official identified
in 15A NCAC 02Q .0304(j) for a non-Title V facility the following
information, which may be on an application form provided by the
Division:

(1)	the company name, contact person and telephone number, and street
address of the source seeking the emission reduction credit;

(2)	a description of the type of source where the proposed emission
reduction occurred or will occur;

(3)	a detailed description of the method or methods to be employed to
create the emission reduction;

(4)	the date that the emission reduction occurred or will occur;

(5)	quantification of the emission reduction credit as described under
Rule .2304 of this Section;

(6)	the proposed method for ensuring the reductions are permanent and
enforceable, including any necessary application to amend the facility's
air permit or, for a shutdown of an entire facility, a request for
permit rescission;

(7)	whether any portion of the reduction in emissions to be used to
create the emission reduction credit has previously been used to avoid
15A NCAC 02D .0530 (prevention of significant deterioration) or .0531
(nonattainment major new source review) through a netting demonstration;

(8)	any other information necessary to demonstrate that the reduction in
emissions is real, permanent, quantifiable, enforceable, and surplus;
and

(9)	a complete permit application if the permit needs to be modified to
create or enforce the emission reduction credit.

(b)  If the Director finds that

(1)	all the information required to be submitted under Paragraph (a) of
this Rule has been submitted;

(2)	the source is eligible under Rule .2303 of this Section;

(3)	a complete permit application has been submitted, if necessary, to
implement the reduction in emissions; and

(4)	the reduction in emissions is real, permanent, quantifiable,
enforceable, and surplus; the Director shall issue the source a
certificate of emission reduction credit once the facility's permit is
modified, if necessary, to reflect permanently the reduction in
emissions. The Director shall register the emission reduction credit for
use only after the reduction has occurred.

(c)  Processing schedule.

(1)	The Division shall send written acknowledgement of receipt of the
request to create and bank emission credits within 10 days of receipt of
the request.

(2)	The Division shall review all request to create and bank emission
credits within 30 days to determine whether the application is complete
or incomplete for processing purposes. If the application is incomplete
the Division shall notify the applicant of the deficiency. The applicant
shall have 90 days to submit the requested information. If the applicant
fails to provide the requested information within 90 days, the Division
shall return the application.

(3)	The Director shall either approve or disapprove the request within
90 days after receipt of a complete application requesting the banking
of emission reduction credits. Upon approval the Director shall issue a
certificate of emission reduction credit.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2306	DURATION OF EMISSION REDUCTION CREDITS

Banked emission reduction credits are permanent until withdrawn by the
owner or until withdrawn by the Director under Rule .2310 of this
Section.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2307	USE OF EMISSION REDUCTION CREDITS

(a)  Persons holding emission reduction credits may withdraw the
emission reduction credits and may use them in any manner consistent
with this Section.

(b)  An emission reduction credit may be withdrawn only by the owner of
record or by the Director under Rule .2310 of this Section and may be
withdrawn in whole or in part. In the case of a partial withdrawal, the
Director shall issue a revised certificate of emission reduction credit
to the owner of record reflecting the new amount of the credit and shall
revoke the original certificate.

(c)  Emission reduction credits may be used for the following purposes:

(1)	as offsets or netting demonstrations required by 15A NCAC 02D .0531
for a major new source of:

(A)	nitrogen oxides or volatile organic compounds in a federally
designated ozone nonattainment area, or

(B)	fine particulate (PM2.5) in a federally designated PM2.5
nonattainment area;

(2)	as offsets or netting demonstrations required by 15A NCAC 02D .0531
for a major modification to an existing major source of:

(A)	nitrogen oxides or volatile organic compounds in a federally
designated ozone nonattainment area, or

(B)	fine particulate (PM2.5) in a federally designated PM2.5
nonattainment area;

(3)	as part of a netting demonstration required by 15A NCAC 02D .0530
when the source using the emission reduction credits is the same source
that created and banked the emission reduction credits; or

(4)	to remove a permit condition that created an emission reduction
credit.

(d)  Emission reduction credits generated through reducing emissions of
one pollutant shall not be used for trading with or offsetting of
another pollutant, for example emission reduction credits for volatile
organic compounds in an ozone nonattainment area shall not be used to
offset nitrogen oxide emissions.

(e)  Limitations on use of emission reduction credits.

(1)	Emission reduction credits shall not be used to exempt a source
from:

(A)	prevention of significant deterioration requirements (15A NCAC 02D
.0530) for netting demonstrations unless the emission reduction credits
have been banked by the facility at which the new or modified source is
located and have been banked during the period specified in 15A NCAC 02D
.0530. This Subparagraph does not preclude the use of emission
reductions not banked as emission credits to complete netting
demonstrations.

(B)	nonattainment major new source review (15A NCAC 02D .0531) unless
the emission reduction credits have been banked by the facility at which
the new or modified source is located and have been banked during the
period specified in 15A NCAC 02D .0531. This Subparagraph does not
preclude the use of emission reductions not banked as emission credits
to complete netting demonstrations.

(C)	new source performance standards (15A NCAC 02D .0524), national
emission standards for hazardous air pollutants (15A NCAC 02D .1110), or
maximum achievable control technology (15A NCAC 02D .1109, .1111, or
.1112); or

(D)	any other requirement of Subchapter 15A NCAC 02D unless the emission
reduction credits have been banked by the facility at which the new or
modified source is located.

(2)	Emission reduction credits shall not be used to allow a source to
emit above the limit established by a rule in Subchapter 15A NCAC 02D.
(If the owner or operator wants to permit a source to emit above the
limit established by a rule in Subchapter 15A NCAC 02D, he needs to
follow the procedures in 15A NCAC 02D .0501 for an alternative mix of
controls ["bubble"].)

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2308	CERTIFICATES AND REGISTRY

(a)  Certificates of emission reduction credit issued by the Director
shall contain the following information:

(1)	the pollutant reduced (nitrogen oxides, volatile organic compounds,
sulfur dioxide, ammonia, fine particulate);

(2)	the amount of the credit in tons per year;

(3)	the date the reduction occurred;

(4)	company name, the street address and county of the source where the
reduction occurred; and

(5)	the date of issuance of the certificate.

(b)  The Division shall maintain an emission reduction credit registry
that constitutes the official record of all certificates of emission
reduction credit issued and all withdrawals made. The registry shall be
available for public review. For each certificate issued, the registry
shall show the amount of the emission reduction credit, the pollutant
reduced, the name and location of the facility generating the emission
reduction credit, and the facility contact person. The Division shall
maintain records of all deposits, deposit applications, withdrawals, and
transactions.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2309	TRANSFERRING EMISSION REDUCTION CREDITS

(a)  If the owner of a certificate of emission reduction credit
transfers the certificate to a new owner, the Director shall issue a
certificate of emission reduction credit to the new owner and shall
revoke the certificate held by the current owner of record.

(b)  If the owner of a certificate of emission reduction credit
transfers part of the emission reduction credits represented by the
certificate to a new owner, the Director shall issue a certificate of
emission reduction credit to the new owner reflecting the transferred
amount and shall issue a certificate of emission reduction credit to the
current owner of record reflecting the amount of emission reduction
credit remaining after the transfer. The Director shall revoke the
original certificate of emission reduction credit.

(c)  For any transferred emission reduction credits, the creator of the
emission reduction credit shall continue to have enforceable conditions
in the appropriate permit to assure permanency of the emission reduction
and shall be held liable for compliance with those conditions; the user
of any transferred emission reduction credits shall not be held liable
for any failure of the creator to comply with its permit.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2310	REVOCATION and changes OF EMISSION REDUCTION CREDITS

(a)  The Director may withdraw emission reduction credits if the
emission reduction credits

(1)	have already been used;

(2)	are incorrectly calculated; or

(3)	achieved are less than those claimed.

(b)  If a banked emission reduction credit were calculated using an
emission factor and the emission factor changes, the Director shall
revise the banked emission reduction credit to reflect the change in the
emission factor.  If a banked emission reduction credit had been used,
then no change shall be made in the use credit.

(c)  When a rule is adopted or amended in this Subchapter or Subchapter
15A NCAC 02Q after November 1, 2005, the Director shall adjust the
banked emission reduction credits to account for changes in emissions
that would be allowed under the new emission limitation with which the
source must currently comply if it is still operating.  If a source has
permanently ceased operations, then the Director shall make no
adjustments in its banked emissions reduction credits.  If a banked
emission reduction credit has been used, no change shall be made in the
used credit.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);

Eff. December 1, 2005.

15A NCAC 02D .2311	MONITORING

The Director shall require the owner or operator of a source whose
emissions are being reduced to create an emission reduction credit to
verify the reduction in emissions with a source test, continuous
emission monitoring, or other methods that measure the actual emissions
or may require the use of parametric monitoring to show that the source
or its control device is being operated in the manner that it is
designed or is permitted.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.66;
143-215.107(a)(12);

Eff. December 1, 2005.

SECTION .2400 – CLEAN AIR INTERSTATE RULES

15A NCAC 02D .2401	PURPOSE AND APPLICABILITY

(a)  Purpose. The purpose of this Section is to implement the federal
Clean Air Interstate Rule and thereby reduce the interstate
transportation of fine particulate matter and ozone.

(b)  Applicability. This Section applies to the following, which are
CAIR NOx units, CAIR SO2 units, and CAIR NOx Ozone Season units to the
extent they are subject to the NOx annual trading program, SO2 trading
program, and NOx ozone season trading program, respectively, in this
Section:

(1)	any stationary, fossil-fuel-fired boiler or stationary,
fossil-fuel-fired combustion turbine serving at any time, since the
later of November 15, 1990 or the start-up of a unit's combustion
chamber, a generator with nameplate capacity of more than 25 MWe
producing electricity for sale, provided that if a stationary boiler or
stationary combustion turbine that does not meet these requirements
begins to combust fossil fuel or to serve a generator with nameplate
capacity of more than 25 MWe producing electricity for sale, the unit
shall become subject to this Section under this Subparagraph on the
first date on which the unit both combusts fossil fuel and serves such
generator;

(2)	notwithstanding Subparagraph (b)(1) of this Rule, a unit that meets
the requirements in 40 CFR 96.104(b)(1)(i), (b)(2)(i), or (b)(2)(ii),
96.204(b)(1)(i), (b)(2)(i), or (b)(2)(ii), 96.304(b)(1)(i), (b)(2)(i),
or (b)(2)(ii), shall not be subject to this Section under this
Subparagraph and shall become subject to this Section under this
Subparagraph as provided in 40 CFR 96.104(b)(1)(ii) or (b)(2)(iii),
96.204(b)(1)(ii) or (b)(2)(iii), or 96.304(b)(1)(ii) or (b)(2)(iii);

(3)	solely for the purposes of the NOx ozone season trading program,
fossil fuel-fired stationary boilers, combustion turbines, or combined
cycle systems having a maximum design heat input greater than 250
million Btu per hour except stationary combustion turbines constructed
before January 1, 1979, that have a federally enforceable permit that
restricts:

(A)	its potential emissions of nitrogen oxides to no more than 25 tons
between May 1 and September 30;

(B)	it to burning only natural gas or oil; and

(C)	its hours of operation as described in 40 CFR 96.4(b)(1)(ii) and
(iii); or

(4)	solely for the purposes of the NOx ozone season trading program,
fossil-fuel fired stationary boilers, combustion turbines, or combined
cycle systems serving a generator with a nameplate capacity greater than
25 MW electrical and selling any amount of electricity.

(c)  Retired unit exemption. Any unit that is permanently retired and is
not an opt-in unit under Rule .2411 of this Section shall be exempted
from the annual trading program for:

(1)	nitrogen oxides if it complies with the provisions of 40 CFR 96.105,

(2)	sulfur dioxide if it complies with the provisions of 40 CFR 96.205,
or

(3)	ozone season nitrogen oxides if it complies with the provisions of
40 CFR 96.305.

(d)  Effect on other authorities. No provision of this Section, any
application submitted or any permit issued pursuant to Rule .2406 of
this Section, or any exemption under 40 CFR 96.105, 96.205, or 96.305
shall be construed as exempting any source or facility covered under
this Section or the owner or operator or designated representative of
any source or facility covered under this Section from complying with
any other requirements of this Subchapter or Subchapter 15A NCAC 02Q or
the Clean Air Act. The Environmental Management Commission may specify
through rulemaking a specific emission limit lower than that established
under this Rule for a specific source if compliance with the lower
emission limit is required to attain or maintain the ambient air quality
standard for ozone or fine particulate (PM2.5) or any other ambient air
quality standard in Section 15A NCAC 02D .0400.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2402	DEFINITIONS

(a)  For the purpose of this Section, the definitions in 40 CFR 96.102,
96.202 and 96.302 shall apply except that solely for the purposes of
units subject to Rule .2401(b)(3), .2401(b)(4), or .2405(a)(2) of this
Section, the term "fossil-fuel-fired" means:

(1)	sources that began operation before January 1, 1996, where fossil
fuel actually combusted either alone or in combination with any other
fuel, comprised more than 50 percent of the annual heat input on a Btu
basis during 1995, or, if a source had no heat input in 1995, during the
last year of operation of the unit before 1995;

(2)	sources that began operation on or after January 1, 1996 and before
January 1, 1997, where fossil fuel actually combusted either alone or in
combination with any other fuel, comprised more than 50 percent of the
annual heat input on a Btu basis during 1996; or

(3)	sources that began operation on or after January 1, 1997;

(A)	Where fossil fuel actually combusted either alone or in combination
with any other fuel, comprised more than 50 percent of the annual heat
input on a Btu basis during any year as determined by the owner or
operator of the source and verified by the Director; or

(B)	Where fossil fuel combusted either alone or in combination with any
other fuel, is projected to comprise more than 50 percent of the annual
heat input on a Btu basis during any year, provided that the unit shall
be "fossil-fuel-fired" as of the date, during such year, on which the
source begins combusting fossil fuel.

(b)  Notwithstanding the provisions of the definition of "commence
commercial operation" in 40 CFR 96.302, for a unit under Rules
.2401(b)(3), .2401(b)(4) or .2405(a)(2) of this Section, and not serving
a generator producing electricity for sale, the unit's date of
commencement of operation shall also be the unit's date of commencement
of commercial operation.

(c)  Notwithstanding the provisions of the definition of "commence
operation" in 40 CFR 96.302, and solely for the purposes of 40 CFR Part
96 Subpart HHHH, for a unit that is not a CAIR NOx Ozone Season unit,
under Rules .2401(b)(3), .2401(b)(4), or .2405(a)(2) of this Section on
the later of November 15, 1990 or the date the unit commenced or
commences operation as defined in the first provision of this definition
in 40 CFR 96.302 and that subsequently becomes or became such a CAIR NOx
Ozone Season unit, the unit's date for commencement of operation shall
be the date on which the unit becomes or became a CAIR NOx Ozone Season
unit under Rule .2401(b)(3), .2401(b)(4), or .2405(a)(2) of this
Section. For a unit with a date of commencement of operation as defined
in the first sentence of this Subparagraph and that subsequently
undergoes a physical change (other than replacement of the unit by a
unit at the same source), such date shall remain the date of
commencement of operation of the unit, which shall continue to be
treated as the same unit. For a unit with a date of commencement of
operation as defined in the first sentence of this Paragraph and that
subsequently is replaced by a unit at the same source (e.g., repowered),
such date shall remain the replaced unit's date of commencement of
operation, and the replacement unit shall be treated as a separate unit
with a separate date for commencement of operation as defined in this
Paragraph.

(d)  For the purposes of this Section, the following definitions apply:

(1)	"Modification" means modification as defined in 15A NCAC 02D .0101.

(2)	"Reconstruction" means the replacement of components of an existing
unit that meets the requirements of 40 CFR 60.15(b)(1).

(3)	"Replacement" means, solely for the purposes of Rules .2403 and
.2405 of this Section, removing an existing unit and putting in its
place at the same facility a functionally equivalent new unit.

(e) For the purpose of this Section, the abbreviations and acronyms
listed in 40 CFR 96.103, 96.203, 96.303 shall apply.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2403	NITROGEN OXIDE EMISSIONS

(a)  Allocations. The annual allocations of nitrogen oxide allowances
are:

FACILITY	ALLOCATIONS FOR

2009-2014

(TONS)	ALLOCATIONS FOR

2015 AND LATER

(TONS)

Craven County Wood Energy, LP	498	424

Duke Energy, Belews Creek	10,837	9,220

Duke Energy, Buck 	1,355	1,153

Duke Energy, Cliffside 	2,932	2,495

Duke Energy, Dan River 	792	674

Duke Energy, G.G. Allen 	4,338	3,691

Duke Energy, Lincoln 	230	196

Duke Energy, Marshall 	9,667	8,225

Duke Energy, Riverbend 	1,709	1,454

Dynegy-Rockingham Power	194	165

Edgecombe GenCo	807	687

Elizabethtown Power	86	73

Lumberton Power	121	103

Primary Energy, Roxboro	164	140

Primary Energy, Southport	401	341

Progress Energy, Asheville	2,103	1,789

Progress Energy, Blewett	8	7

Progress Energy, Cape Fear	1,244	1,059

Progress Energy, Lee	1870	1591

Progress Energy, L.V. Sutton	2,146	1,826

Progress Energy, Mark's Creek Richmond Co.	374	318

Progress Energy, Mayo	4,004	3,407

Progress Energy, Roxboro	11,578	9,851

Progress Energy, Weatherspoon	674	573

PWC-Butler Warner Generation Plant	77	65

Rosemary Power Station, Halifax	42	36

Southern Power Company Plant Rowan County	25	22

Westmoreland Partners, LLC, Roanoke

Valley Energy Facility	1269	1080

In the event that EPA determines that Craven County Wood Energy is not
subject to the provisions of this Section, its allocation shall go to
the new source growth pool.

(b)  Compliance. The emissions of nitrogen oxides of a CAIR NOx source
shall not exceed the number of allowances that it has in its compliance
account established and administered under Rule .2408 of this Section.

(c)  Emission measurement requirements. The emissions measurements
recorded and reported according to 40 CFR Part 96 Subpart HH shall be
used to determine compliance by each CAIR NOx source with its emissions
limitation according to 40 CFR 96.106(c) including 96.106(c)(5) and (6).

(d)  Excess emission requirements. The provisions of 40 CFR 96.106(d)
shall be used for excess emissions.

(e)  Liability. The owner or operator of any unit or source covered
under this Section shall be subject to the provisions of 40 CFR
96.106(f).

(f)  Modification and reconstruction, replacement, retirement, or change
of ownership. The modification or reconstruction of a CAIR NOx unit
shall not make that CAIR NOx unit a "new" CAIR NOx unit under Rule .2412
of this Section. The CAIR NOx unit that is modified or reconstructed
shall not change the emission allocation under Paragraph (a) of this
Rule. If one or more CAIR NOx units at a facility covered under this
Rule is replaced, the new CAIR NOx unit shall not receive an allocation
under Rule .2412 of this Section, nor shall it change the allocation of
the facility. If the owner of a facility changes, the emission
allocations under this Rule and revised emission allocations made under
Rule .2413 of this Section shall remain with the facility. If a CAIR NOx
unit is retired, the owner or operator and the designated
representatives of the CAIR NOx unit shall follow the procedures in 40
CFR 96.105. The allocations of a retired CAIR NOx unit shall remain with
the owner or operator of the retired CAIR NOx unit until a reallocation
occurs under Rule .2413 of this Section when the allocation shall be
removed and given to other CAIR NOx units if the retired CAIR NOx unit
is still retired using the procedure in Rule .2413 of this Section.

History Note:	Authority G.S. 143-215.3(a); 143-215.65; 143-215.66;
143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2404	SULFUR DIOXIDE

(a)  Applicability. This Rule applies only to units that meet the
description in Rule .2401(b)(1) or (2) of this Section.

(b)  Allocations. The annual allocation of sulfur dioxide allowances
shall be determined by EPA. The allocations for CAIR SO2 units are in 40
CFR 73.10.

(c)  Compliance. The emissions of sulfur dioxides of a source described
in Paragraph (a) of this Rule shall not exceed the number of allowances
that it has in its compliance account established and administered under
Rule .2408 of this Section.

(d)  Emission measurement requirements. The emissions measurements
recorded and reported according to 40 CFR Part 96 Subpart HHH shall be
used to determine compliance by each CAIR SO2 source with its emissions
limitation according to 40 CFR 96.206(c) including 96.206(c)(5) and (6).

(e)  Excess emission requirements. The provisions of 40 CFR 96.206(d)
shall be used for excess emissions.

(f)  Liability. The owner or operator of any unit or source covered
under this Section shall be subject to the provisions of 40 CFR
96.206(f).

History Note:	Authority G.S. 143-215.3(a); 143-215.65; 143-215.66;
143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2405	NITROGEN OXIDE EMISSIONS DURING OZONE SEASON

(a)  Allocations. The ozone season allocations of nitrogen oxide
allowances are:

(1)	Facilities that meet the description in Rule .2401(b)(1) or (b)(2)
of this Section.

FACILITY	ALLOCATIONS FOR

2009-2014

(TONS)	ALLOCATIONS FOR

2015 AND LATER

(TONS)

Craven County Wood Energy, LP	211	179

Duke Energy, Belews Creek	4,917	4,184

Duke Energy, Buck 	656	558

Duke Energy, Cliffside 	1,350	1,148

Duke Energy, Dan River 	436	371

Duke Energy, G.G. Allen 	2,096	1,784

Duke Energy, Lincoln 	169	144

Duke Energy, Marshall 	4,179	3,556

Duke Energy, Riverbend 	859	731

Dynegy-Rockingham Power	99	84

Edgecombe GenCo	331	281

Elizabethtown Power	51	43

Lumberton Power	46	39

Primary Energy, Roxboro	83	71

Primary Energy, Southport	213	181

Progress Energy, Asheville	899	765

Progress Energy, Blewett	7	6

Progress Energy, Cape Fear	527	448

Progress Energy, Lee	905	770

Progress Energy, L.V. Sutton	1,023	871

Progress Energy, Mark's Creek Richmond Co.	335	285

Progress Energy, Mayo	1,735	1,476

Progress Energy, Roxboro	5,069	4,314

Progress Energy, Weatherspoon	346	295

PWC-Fayetteville	53	45

Rosemary Power Station, Halifax	26	22

Southern Power Company Plant Rowan County	25	20

Westmoreland Partners, LLC, Roanoke Valley Energy Facility	511	434

In the event that EPA determines that Craven County Wood Energy is not
subject to the provisions of this Section, its allocation shall go to
the new source growth pool.

(2)	Facilities that meet the description in Rule .2401(b)(3) or (b)(4)
of this Section.

FACILITY	ALLOCATON FOR

2009-2014

(TONS)	ALLOCATIONS FOR

2015 AND LATER

(TONS)

Blue Ridge Paper Products	839	839

International Paper Corp., Columbus Co.	307	307

Kapstone Kraft Paper corporation	346	346

Coastal Carolina Clean Power, LLC	113	113

UNC-Chapel Hill	241	241

Weyerhaeuser, New Bern Mill	193	193

Domtar Paper Co.	404	404

(b)  Ozone season defined. The ozone season is from May 1 through
September 30 of each year.

(c)  Change in status. If a unit at a facility named in Subparagraph
(a)(2) of this Rule meets the description under Subparagraphs (b)(1) or
(b)(2) of Rule .2401 of this Section, it shall lose its allocation under
Subparagraph (a)(2) of this Rule and shall receive an allocation under
Rule .2412 of this Section as a new unit until it receives an allocation
under Rule .2413 of this Section.

(d)  Compliance. The nitrogen oxide ozone season emissions of a CAIR NOx
Ozone Season source shall not exceed the number of allowances that it
has in its compliance account established and administered under Rule
.2408 of this Section. For purposes of making deductions for excess
emissions for the ozone season in 2008 under the NOx SIP Call (Section
15A NCAC 02D .1400), the Administrator shall deduct allowances allocated
under this Rule for the ozone season in 2009.

(e)  Emission measurement requirements. The emissions measurements
recorded and reported according to 40 CFR Part 96 Subpart HHHH shall be
used to determine compliance by each CAIR NOx Ozone Season source with
its emissions limitation according to 40 CFR 96.306(c) including
96.306(c)(5) and (6).

(f)  Excess emission requirements. The provisions of 40 CFR 96.306(d)
shall be used for excess emissions.

(g)  Liability. The owner or operator of any unit or source covered
under this Section shall be subject to the provisions of 40 CFR
96.306(f).

(h)  Modification and reconstruction, replacement, retirement, or change
of ownership. The modification or reconstruction of a CAIR NOx Ozone
Season unit shall not make that CAIR NOx Ozone Season unit a "new" CAIR
NOx Ozone Season unit under Rule .2412. The CAIR NOx Ozone Season unit
that is modified or reconstructed shall not change the emission
allocation under Paragraph (a) of this Rule. If one or more CAIR NOx
Ozone Season units at a facility is replaced, the new CAIR NOx Ozone
Season unit shall not receive an allocation under Rule .2412 of this
Section, nor shall it change the allocation of the facility. If the
owner of a facility changes, the emission allocations under this Rule
and revised emission allocations made under Rule .2413 of this Section
shall remain with the facility. If a CAIR NOx Ozone Season unit is
retired, the owner or operator, and designated representatives, of the
CAIR NOx Ozone Season unit shall follow the procedures in 40 CFR 96.305.
The allocations of a retired CAIR NOx Ozone Season unit shall remain
with the owner or operator of the retired CAIR NOx Ozone Season unit
until a reallocation occurs under Rule .2413 of this Section when the
allocation shall be removed and given to other CAIR NOx Ozone Season
units if the retired CAIR NOx Ozone Season unit is still retired using
the procedure in Rule .2413 of this Section.

History Note:	Authority G.S. 143-215.3(a); 143-215.65; 143-215.66;
143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2406	PERMITTING

(a)  The owner or operator of any source covered under this Section
shall submit permit applications to comply with the requirements of this
Section following the procedures and requirements in 15A NCAC 02Q .0500
(Title V permitting procedures) and in:

(1)	40 CFR 96.106(a), 96.121, and 96.122 for each CAIR NOx source;

(2)	40 CFR 96.206(a), 96.221, and 96.222 for each CAIR SO2 source; and

(3)	40 CFR 96.306(a), 96.321, and 96.322 for each CAIR NOx Ozone Season
source.

(b)  The Director shall review applications submitted under Paragraph
(a) of this Rule and issue permits for compliance with this Section
following the procedures and requirements in 15A NCAC 02Q .0500 (Title V
permitting procedures) and in:

(1)	40 CFR 96.106(a), 96.120, 96.123, and 96.124 for each CAIR NOx
source;

(2)	40 CFR 96.206(a), 96.220, 96.223, and 96.224 for each CAIR SO2
source; and

(3)	40 CFR 96.306(a), 96.320, 96.323, and 96.324 for each CAIR NOx Ozone
Season source.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);
143-215.108;

Eff. July 1, 2006.

15A NCAC 02D .2407	MONITORING, REPORTING, AND RECORDKEEPING

(a)  The owner or operator of a unit covered under this Section shall
comply with the monitoring, recordkeeping, and reporting requirements
in:

(1)	40 CFR 96.106(b) and (e) and in 40 CFR Part 96, Subpart HH for each
CAIR NOx unit;

(2)	40 CFR 96.206(b) and (e) and in 40 CFR Part 96, Subpart HHH for each
CAIR SO2 unit; and

(3)	40 CFR 96.306(b) and (e) and in 40 CFR Part 96, Subpart HHHH for
each CAIR Ozone Season NOx unit.

(b)  To approve or disapprove monitors used to show compliance with
Rules .2403, .2404, or .2405 of this Section, the Division shall follow
the procedures in:

(1)	40 CFR 96.171 and 40 CFR 96.172 for nitrogen oxides,

(2)	40 CFR 96.271 and 40 CFR 96.272 for sulfur dioxides, and

(3)	40 CFR 96.371 and 40 CFR 96.372 for ozone season nitrogen oxides.

History Note:	Authority G.S. 143-215.3(a); 143-215.65; 143-215.66;
143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2408	TRADING PROGRAM AND BANKING

(a)  EPA to administer. The United States Environmental Protection
Agency (EPA) shall administer the allowance tracking system according to
the procedures in:

(1)	40 CFR Part 96, Subpart FF and Subpart GG for nitrogen oxides;

(2)	40 CFR Part 96, Subpart FFF and Subpart GGG for sulfur dioxide; and

(3)	40 CFR Part 96, Subpart FFFF and Subpart GGGG for ozone season
nitrogen oxides.

(b)  Compliance account. The owners and operators of each source covered
under this Section shall have a compliance account in the EPA
administered tracking system that satisfies the requirements of:

(1)	40 CFR 96.151 for nitrogen oxides,

(2)	40 CFR 96.251 for sulfur dioxides, and

(3)	40 CFR 96.351 for ozone season nitrogen oxides.

(c)  General account. Any person may apply to open a general account to
hold and transfer allowances by using the procedures and meeting the
requirements in:

(1)	40 CFR 96.151(b) for nitrogen oxides and may close that account
using the procedures in 40 CFR 96.157,

(2)	40 CFR 96.251(b) for sulfur dioxides and may close that account
using the procedures in 40 CFR 96.257, and

(3)	40 CFR 96.351(b) for ozone season nitrogen oxides and may close that
account using the procedures in 40 CFR 96.357.

(d)  Allowance transfers.

(1)	Any person who has a compliance or general account established under
40 CFR 96.151 may transfer allowances using the procedures in 40 CFR
96.160.

(2)	Any person who has a compliance or general account established under
40 CFR 96.251 may transfer allowances using the procedures in 40 CFR
96.260.

(3)	Any person who has a compliance or general account established under
40 CFR 96.351 may transfer allowances using the procedures in 40 CFR
96.360.

(e)  Submittal of information. Persons with accounts shall submit
information to EPA following the requirements of:

(1)	40 CFR 96.152 for nitrogen oxides,

(2)	40 CFR 96.252 for sulfur dioxides, and

(3)	40 CFR 96.352 for ozone season nitrogen oxides.

(f)  Banking. Any person who has a compliance account or a general
account may bank allowances for future use or transfer under:

(1)	40 CFR 96.155 for nitrogen oxides,

(2)	40 CFR 96.255 for sulfur dioxides, and

(3)	40 CFR 96.355 for ozone season nitrogen oxides.

(g)  Appeal Procedures. The appeal procedures for decisions of the
Administrator are set forth in

(1)	40 CFR 96.108 for nitrogen oxides,

(2)	40 CFR 96.208 for sulfur dioxides, and

(3)	40 CFR 96.308 for ozone season nitrogen oxides.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006.

15A NCAC 02D .2409	DESIGNATED REPRESENTATIVE

(a)  Designated representative. The owners and operators of any source
covered under this Section shall select a designated representative
according to 40 CFR 96.110 for each CAIR NOx source, 96.210 for each
CAIR SO2 source, and 96.310 for each CAIR NOx Ozone Season source. The
designated representative shall have the responsibilities and duties set
out in 40 CFR 96.110 for a CAIR NOx source, 96.210 for a CAIR SO2
source, and 96.310 for a CAIR NOx Ozone Season source.

(b)  Alternate designated representative. The owners and operators of
any source covered under this Section shall select an alternate
designated representative according to 40 CFR 96.111 for each CAIR NOx
source, 96.211 for each CAIR SO2 source, and 96.311 for each CAIR NOx
Ozone Season source. The alternate designated representative shall have
the responsibilities and duties set out in 40 CFR 96.111 for a CAIR NOx
source, 96.211 for CAIR SO2 source, and 96.311 for a CAIR NOx Ozone
Season source.

(c)  Changing designated representative and alternate designated
representative. The owner or operator of any source covered under this
Section may change the designated representative or the alternate
designated representative using:

(1)	40 CFR 96.112 for a CAIR NOx source;

(2)	40 CFR 96.212 for a CAIR SO2 source; and

(3)	40 CFR 96.312 for a CAIR NOx Ozone Season source.

(d)  A CAIR designated representative or alternative CAIR designated
representative may delegate his or her authority to make an electronic
submission to the Administrator using:

(1)	40 CFR 96.115 for a CAIR NOx source;

(2)	40 CFR 96.215 for a CAIR SO2 source; and

(3)	40 CFR 96.315 for a CAIR NOx Ozone Season source.

(e)  Changes in owners and operators. Whenever the owner or operator of
a source or unit covered under this Section changes, the following
provisions shall be followed:

(1)	40 CFR 96.112(c) for a CAIR NOx source;

(2)	40 CFR 96.212(c) for a CAIR SO2 source; and

(3)	40 CFR 96.312(c) for a CAIR NOx Ozone Season source.

(f)  Certificate of representation. A complete certificate of
representation for a CAIR designated representative or an alternate CAIR
designated representative shall meet the requirements of 40 CFR 96.113
for nitrogen oxides, 40 CFR 96.213 for sulfur dioxide, and 40 CFR 96.313
for ozone season nitrogen oxides.

(g)  Objections concerning CAIR designated representative. Objections
concerning CAIR designated representative shall be handled according to
the procedures in 40 CFR 96.114 for nitrogen oxides, 40 CFR 96.214 for
sulfur dioxide, and 40 CFR 96.314 for ozone season nitrogen oxides.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2410	COMPUTATION OF TIME

Time periods shall be determined as described in:

(1)	40 CFR 96.107 for nitrogen oxides;

(2)	40 CFR 96.207 for sulfur dioxide, and

(3)	40 CFR 96.307 for ozone season nitrogen oxides.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006.

15A NCAC 02D .2411	OPT-IN PROVISIONS

(a)  Opting in. The owners and operators of a unit may opt into:

(1)	the nitrogen oxide trading program by following the procedures in
and meeting the requirements of 40 CFR Part 96 Subpart II,

(2)	the sulfur dioxide trading program by following the procedures in
and meeting the requirements of 40 CFR Part 96 Subpart III, and

(3)	the ozone season nitrogen oxide trading program by following the
procedures in and meeting the requirements of 40 CFR Part 96 Subpart
IIII.

(b)  Permitting. The Director shall permit opt-in units under Paragraph
(a) of this Rule according to 15A NCAC 02Q .0500; and

(1)	40 CFR 96.184 and 96.185 for nitrogen oxides and shall allocate
allowances according to 40 CFR 96.188,

(2)	40 CFR 96.284 and 96.285 for sulfur dioxides and shall allocate
allowances according to 40 CFR 96.288, and

(3)	40 CFR 96.384 and 96.385 for ozone season nitrogen oxides and shall
allocate allowances according to 40 CFR 96.388.

(c)  Withdrawing. The owners and operators of an opt-in unit under
Paragraph (a) of this Rule may withdraw from the trading program
according to:

(1)	40 CFR 96.186 for nitrogen oxides,

(2)	40 CFR 96.286 for sulfur dioxides, and

(3)	40 CFR 96.386 for ozone season nitrogen oxides.

(d)  Change in regulatory status. If an opt-in unit becomes:

(1)	a CAIR NOx unit under 40 CFR 96.104, then 40 CFR 96.187 shall apply,

(2)	a CAIR SO2 unit under 40 CFR 96.204, then 40 CFR 96.287 shall apply,
or

(3)	a CAIR ozone season NOx unit under 40 CFR 96.304, then 40 CFR 96.387
shall apply.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);
143-215.108;

Eff. July 1, 2006.

15A NCAC 02D .2412	NEW UNIT GROWTH

(a)  For nitrogen oxide emissions, the total nitrogen oxide allowances
available for allocation in the new unit set-aside for each control
period in 2009 through 2014 shall be 2638 tons and the total nitrogen
oxide allowances available for allocation in each control period in 2015
and thereafter shall be 1154 tons. Except for the reference to 40 CFR
96.142(b), the procedures in 40 CFR 96.142(c)(2) through (4) shall be
used to create allocations for units covered under this Section that
commenced operations on or after January 1, 2001 and that are not
covered in the table in Rule .2403 of this Section.

(b)  For ozone season nitrogen oxides emissions, the total ozone season
nitrogen oxide allowances available for allocation in the new unit
set-aside for each control period in 2009 through 2014 shall be 1234
tons and the total ozone season nitrogen oxide allowances available for
allocation in each control period in 2015 and thereafter shall be 555
tons. Except for the reference to 40 CFR 96.142(b) the procedures in 40
CFR 96.342(c)(2) through (4) shall be used to create allocations for
units covered under this Section that commenced operations on or after
January 1, 2001 and that are not listed in the table in Rule .2405 of
this Section.

(c)  New unit allowances in Paragraph (a) of this Rule that are not
allocated in a given year shall be redistributed to units under
.2401(b)(1) and (2) according to the provisions of 40 CFR 96.142(d) and
96.342(d) except that the divisor used in calculating individual unit
allocations:

(1)	for nitrogen oxide allowances shall be 2638 tons for each control
period in 2009 through 2014 and 1154 tons in each control period in 2015
and thereafter, and

(2)	for ozone season nitrogen oxide allowances shall be 1234 tons for
each control period in 2009 through 2014 and 555 tons for each control
period in 2015 and thereafter.

(d)  The Director shall report the allocations to new units to EPA in
accordance with 40 CFR 51.123(o)(2) and (aa)(2).

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2413	PERIODIC REVIEW AND REALLOCATIONS

In 2010 and every five years thereafter, the Environmental Management
Commission shall review the emission allocations of units covered under
Rules .2403 and .2405 of this Section and decide if any revisions are
needed. In making this decision the Environmental Management Commission
shall consider the following:

(1)	the size of the allocation pool for new unit growth under Rule .2412
of this Section;

(2)	the amount of emissions allocations requested by units under Rule
.2412 of this Section;

(3)	the amount of emissions allocations available through the respective
trading programs under Rule .2408 of this Section;

(4)	the impact of reallocation on existing units;

(5)	the impact of reallocations on units covered under Rule .2412 of
this Section;

(6)	impact on future growth; and

(7)	other relevant information on the impacts of reallocation.

Any revisions of allocations shall be consistent with the requirements
in 40 CFR 51.123(o)(2)(ii) and (aa)(2)(iii) or 96.141 and 96.341.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006.

section .2500 – mercury rules for electric generators

15A NCAC 02D .2501	PURPOSE AND APPLICABILITY

(a)  Purpose.  The purpose of this Section is to control mercury
emissions from coal-fired electric steam generating Hg units and to
comply with the mercury emission caps of 1.133 tons (36,256 ounces) per
year between 2010 and 2017 inclusive and 0.447 tons (14,304 ounces) per
year for 2018 and thereafter as set out in 40 CFR 60.24.

(b)  Applicability. This Section applies to:

(1)	any stationary coal-fired boiler or any stationary coal-fired
combustion turbine serving at any time, since the start-up of a unit’s
combustion chamber, a generator with nameplate capacity of more than 25
MWe producing electricity for sale; or

(2)	any unit that qualifies as a cogeneration unit during the 12-month
period starting on the date that the unit first produces electricity and
continues to qualify as a cogeneration unit, or any cogeneration unit
serving at any time a generator with nameplate capacity of more than 25
MWe and supplying in any calendar year more than one-third of the
unit’s potential electric output capacity or 219,000 MWh, whichever is
greater, to any utility power distribution system for sale. If a unit
that qualifies as a cogeneration unit during the 12-month period
starting on the date the unit first produces electricity but
subsequently no longer qualifies as a cogeneration unit, the unit shall
be subject to Subparagraph (1) of this Paragraph starting on the day on
which the unit first no longer qualifies as a cogeneration unit; or

(3)	the Hg budget unit identified in the table in Rule .2503  of this
Section.

(c)  Retired Hg unit exemption. Any Hg unit that is permanently retired
shall be exempted from the annual trading program if it complies with
the provisions of 40 CFR 60.4105.

(d)  Effect on other authorities. No provision of this Section, any
application submitted or any permit issued pursuant to Rule .2504 of
this Section, or any exemption under 40 CFR 60.4105, shall be construed
as exempting any Hg unit or source covered under this Section or the
owner or operator or designated representative of any Hg unit or source
covered under this Section from complying with any other requirements of
this Subchapter or Subchapter 15A NCAC 02Q.

(e)  Additional controls. The Commission shall require additional
reductions in mercury emissions when needed to reduce mercury
concentrations to levels that do not cause or contribute to
mercury-related health problems.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2502	DEFINITIONS

(a)  For the purpose of this Section, the definitions in 40 CFR 60.4102,
shall apply.

(b)  For the purpose of this Section, the abbreviations and acronyms
listed in 40 CFR 60.4103 shall apply.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2503	MERCURY EMISSION

(a)  Allocations.  The table in this Paragraph contains allocations in
ounces of total mercury.

Hg BUDGET SOURCE	Hg BUDGET UNIT	ALLOCATION

FOR

2010 – 2017

(ounces)

	ALLOCATION FOR

2018 AND LATER (ounces)

Duke Energy, Belews Creek

	1	3440	1386

	2	3212	1294

Duke Energy, Buck

	5	53	21

	6	54	22

	7	59	24

	8	297	120

	9	330	133

Duke Energy, Cliffside

	1	61	25

	2	62	25

	3	100	40

	4	86	35

	5	1499	604

Duke Energy, Dan River

	1	102	41

	2	113	45

	3	252	102

Duke Energy, G G Allen

	1	349	141

	2	324	131

	3	601	242

	4	655	264

	5	615	248

Duke Energy, Marshall

	1	1037	418

	2	1085	437

	3	1799	725

	4	1835	739

Duke Energy, Riverbend

	7	186	75

	8	180	72

	9	325	131

	10	323	130

Progress Energy, Asheville

	1	621	250

	2	575	232

Progress Energy, Cape Fear

	5	347	140

	6	407	164

Progress Energy, L V Sutton

	1	195	78

	2	198	80

	3	905	365

Progress Energy, Lee

	1	191	77

	2	189	76

	3	607	245

Progress Energy, Mayo

	1A	1188	479

	1B	1153	465

Progress Energy, Roxboro

	1	1041	419

	2	1930	777

	3A	990	399

	3B	1008	406

	4A	987	397

	4B	917	369

Progress Energy,

W H Weatherspoon

	1	112	45

	2	111	45

	3	177	71

Dwayne Collier Battle Cogeneration Facility

	1A	114	46

	1B	105	42

	2A	106	43

	2B	108	44

Elizabethtown Power	1	28	11

	2	26	10

Lumberton Power	1	31	12

	2	52	21

Primary Energy, Roxboro	1	95	38

Primary Energy, Southport

	1	117	47

	2	118	47

Westmoreland-LG&E

Partners Roanoke Valley 	1	490	197

	2	171	69

(b)  Compliance. The emissions of mercury of a Hg budget source shall
not exceed the number of allowances that it has in its compliance
account according to Rule .2510 of this Section.

(c)  Emission measurement requirements. The emissions measurements
recorded and reported according to 40 CFR 60.4170 through 60.4176 shall
be used to determine compliance by each source identified in this rule
with its emissions limitation according to 40 CFR 60.4106(c).

(d)  Excess emission requirements. The provisions of 40 CFR 60.4106(d)
shall be used for excess emissions.

(e)  Liability. The owner or operator of any source covered under this
Section shall be subject to the provisions of 40 CFR 60.4106(f).

(f)  Modification and reconstruction, replacement, retirement, or change
of ownership. The modification or reconstruction of a source covered
under this Rule shall not make that source a "new" source for the
purposes of this Section; it may be considered a new source under Rule
15A NCAC 02D .0524, New Source Performance Standards, or 40 CFR Part 60.
A source that is modified or reconstructed shall retain its emission
allocation under Paragraph (a) of this Rule. If one or more sources
covered under this Rule is replaced, the new source shall receive the
allocation of the source, or sources, that it replaces instead of an
allocation under Rule .2508 of this Section. If the owner of a source
changes, the emission allocations under this Rule and revised emission
allocations made under Rule .2509 of this Section shall remain with the
source. If a source is retired, the owner or operator of the source
shall follow the procedures in 40 CFR 60.4105. The allocations of a
retired source shall remain with the owner or operator of the retired
source until a reallocation occurs under Rule .2509 of this Section when
the allocation shall be removed and given to other sources if the
retired source is still retired.

(g)  The Director shall comply with the timing requirements for mercury
allocations under 40 CFR 60.4141.

History Note:	Authority G.S. 143-215.3(a); 143-215.65; 143-215.66;
143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2504	PERMITTING

(a)  The owner or operator of any Hg budget unit covered under this
Section shall submit permit applications to comply with the requirements
of this Section following the procedures and requirements in 40 CFR
60.4106(a), 60.4121, and 60.4122 and in Subchapter 15A NCAC 02Q.

(b)  The Director shall review applications submitted under Paragraph
(a) of this Rule and issue permits for compliance with this Section
following the procedures and requirements in 40 CFR 60.4106(a), 60.4120,
60.4123, and 60.4124 and in Subchapter 15A NCAC 02Q.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);
143-215.108;

Eff. January 1, 2007.

15A NCAC 02D .2505	MONITORING, REPORTING, AND RECORDKEEPING

(a)  The owner or operator of a Hg budget unit covered under this
Section shall comply with the monitoring, recordkeeping, and reporting
requirements in 40 CFR 60.4106(b) and (e) and in 40 CFR 60.4170 through
60.4176.

(b)  To approve or disapprove monitors used to show compliance with Rule
.2503 of this Section, the Division shall follow the procedures in 40
CFR 60.4171.

History Note:	Authority G.S. 143-215.3(a); 143-215.65; 143-215.66;
143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2506	DESIGNATED REPRESENTATIVE

(a)  Designated representative. The owner or operator of any Hg budget
source covered under this Section shall select a designated
representative according to 40 CFR 60.4110. The designated
representative shall have the responsibilities and duties set out in 40
CFR 60.4110.

(b)  Alternate designated representative. The owner or operator of any
Hg budget source covered under this Section shall select an alternate
designated representative according to 40 CFR 60.4111. The alternate
designated representative shall have the responsibilities and duties set
out in 40 CFR 60.4111.

(c)  Changing designated representative and alternate designated
representative. The owner or operator of any Hg budget source covered
under this Section may change the designated representative or the
alternate designated representative using 40 CFR 60.4112.

(d)  Changes in owners and operators. Whenever the owner or operator of
a Hg budget source covered under this Section changes, the provisions in
40 CFR 60.4112(c) shall be followed.

(e)  Certificate of representation. A complete certificate of
representation for a CAMR designated representative or an alternate CAMR
designated representative shall meet the requirements of 40 CFR 60.4113.

(f)  Objections concerning CAMR designated representative. Objections
concerning CAMR designated representative shall be handled according to
the procedures in 40 CFR 60.4114.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2507	COMPUTATION OF TIME

Time periods shall be determined as described in 40 CFR 60.4107.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2508	NEW SOURCE GROWTH

(a)  The total mercury allowances available for allocation in the new Hg
unit set-aside for each control period in 2010 through 2017 shall be
1,813 ounces; the total mercury allowance available for allocations in
each control period in 2018 and thereafter shall be 429 ounces. Except
for the reference to 40 CFR 60.4142(b), the procedures in 40 CFR
4142(c)(2) through (4) shall be used to create allocations for Hg units
covered under this Section that commence operations on or after January
1, 2001 and that are not covered in the table in Rule .2503 of this
Section.

(b)  The number of allowances allocated to a Hg unit under this Rule
shall not exceed the Hg unit' actual emissions of mercury.

(c)  New Hg unit allowances in Paragraph (a) of this Rule that are not
allocated in a given year shall be distributed to Hg units covered in
the table in Rule .2503 of this Section according to the provisions of
40 CFR 4142(d), except that the divisor used in calculating individual
Hg unit allocations shall be:

(1)	1,813 ounces for each control period in 2010 through 2017, and

(2)	429 ounces for each control period in 2018 and thereafter.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2509	PERIODIC REVIEW AND REALLOCATIONS

(a)  In 2010 and every five years thereafter, the Environmental
Management Commission shall review the emission allocations of Hg units
covered under Rules .2503 of this Section and new Hg units covered under
this Section that have been permitted but are not named in Rule .2503 of
this Section and decide if any revisions are needed. In making this
decision the Environmental Management Commission shall consider the
following:

(1)	the size of the allocation pool for new Hg unit growth under Rule
.2508 of this Section;

(2)	the amount of emissions from Hg units receiving allocations under
Rule .2508 of this Section;

(3)	the amount of emissions allocations available through the trading
program under Rule .2510 of this Section;

(4)	the impact of reallocation on existing Hg units;

(5)	the impact of reallocations on Hg units receiving allocations under
Rule .2508 of this Section;

(6)	impact of future growth; and

(7)	other relevant information on the impacts of reallocation.

(b)  The Division of Air Quality shall report to the Commission in July
2008 and July 2012. Each report shall provide the Commission and public
updated information on the regulation of mercury emissions. The 2008
report shall include the information under Subparagraphs (1) through
(12) of this Paragraph, where available. The 2012 report shall include
all the following information:

(1)	actual emissions from units covered under this Section since 2010
and all other principal sources of mercury;

(2)	estimates of the amounts of the different species of mercury being
emitted;

(3)	a mercury balance for North Carolina, including imported, exported,
and in-state mercury emissions and the fate and transport of mercury in
the air and waters of the State;

(4)	projected mercury emissions for 2015, 2018, 2023, and 2025;

(5)	the amount of new source growth and projected new units growth
through 2025;

(6)	the state of mercury control technology, including technological and
economic feasibility;

(7)	an assessment of cost and performance of mercury control technology
as it may be applied to uncontrolled sources of mercury in North
Carolina, including both coal-fired electric steam generating units and
other sources that emit mercury and including an assessment of
technology used to satisfy requirements of the Clean Smokestacks Act
(G.S. 143-215.107D) and other requirements for controlling nitrogen
oxide and sulfur dioxide emissions.

(8)	a recommendation of mercury control technology, including the cost
and expected reductions in mercury;

(9)	results of studies and monitoring on mercury and its species in fish
in North Carolina, including an evaluation of the impact of reduced
mercury emissions from coal-fired power plants on the levels of mercury
observed in fish tissue;

(10)	a summary of mercury-related health problems in North Carolina,
including accumulation of mercury in humans, toxicity, and mercury
exposures from non-air emitting sources; and

(11)	results of studies on mercury deposition, applying monitoring
techniques, back trajectory analysis, source attribution methodology,
and any other relevant  methodologies to assess the role of coal-fired
units in North Carolina deposition.

(12)	recommendations, if any, on rule revisions.

(c)  Based on the 2012 report, the Commission shall review mercury
control requirements and decide if any rule changes are needed.

(d)  Any changes made as a result of the review under Paragraph (a) or
report under Paragraph (b) of this Section shall be made through
rulemaking.

(e)  The Director shall report to the Commission in 2018 and 2023 on the
state of mercury control technology, including the mercury removal
efficiency of available technology, the cost of installation and
operation, and changes in fish tissue concentrations.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2510	TRADING PROGRAM AND BANKING

(a)  EPA to administer. The United States Environmental Protection
Agency (EPA) shall administer the allowance tracking system according to
the procedures in 40 CFR 60.4151 through 60.4162.

(b)  Compliance account. The owners or operators of each Hg budget
source covered under this Section shall have a compliance account in the
EPA administered tracking system that satisfies the requirements of 40
CFR 60.4151(a).

(c)  General account. Any person may apply to open a general account to
hold and transfer allowances by using the procedures and meeting the
requirements in 40 CFR 60.4151(b) and may close that account using the
procedures in 40 CFR 60.4157.

(d)  Allowance transfers. Any person who has a compliance or general
account established under 40 CFR 60.4151 may transfer allowances using
the procedures in 40 CFR 60.4160.

(e)  Submittal of information. Persons with accounts shall submit
information to EPA following the requirement of 40 CFR 60.4152.

(f)  Banking. Any person who has a compliance account or a general
account may bank allowances for future use or transfer under 40 CFR
60.4155.

(g)  Appeal Procedures. The appeal procedures for decisions of the
Administrator are set forth in 40 CFR 60.4108

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. January 1, 2007.

15A NCAC 02D .2511	MERCURY EMISSION LIMITS

(a)  Initial reductions. Initial reductions in mercury emissions shall
be achieved as a co-benefit of installing controls for nitrogen oxide
(NOx) and sulfur dioxide (SO2) emissions pursuant to G.S. 143-215.107D.
No later than December 31, 2013, Duke Energy and Progress Energy shall
install controls for nitrogen oxide (NOx) and sulfur dioxide (SO2)
emissions under their respective plans for compliance with G.S.
143-215.107D. Duke Energy and Progress Energy shall each monitor mercury
emissions at no fewer than four boilers identified for control pursuant
to G.S. 143-215.107D consistent with the requirements of  Paragraphs (d)
and (e) of this Rule to document the reductions in mercury emissions
realized as a result of installing controls for nitrogen oxide and
sulfur dioxide emissions.

(b)  Mercury control plans. Duke Energy and Progress Energy shall each
submit a mercury control plan to the Director by January 1, 2013. The
plan shall identify the technology proposed for use at each unit owned
or operated by the utility; the schedule for installation and operation
of mercury controls at each unit; and shall identify any units that will
be shut down. For purposes of this Rule, controls for nitrogen oxide and
sulfur dioxide installed in compliance with G.S. 143-215.107D are
considered to be mercury controls. The plan shall provide for
installation and operation of mercury controls on all units at the
earliest date that is technically and economically feasible. Any unit
that has not installed controls as specified in an approved mercury
control plan by December 31, 2017 shall shut down unless the Commission
has approved additional mercury reductions at a facility that has
achieved initial mercury reductions under G.S. 143-215.107D in lieu of
installing controls at the unit under the criteria set out in Paragraph
(c) of this Rule.

(c)  Review and approval of plans. The Director shall review the mercury
control plans submitted pursuant to Paragraph (b) of this Rule and shall
recommend that the Commission approve the plans, disapprove the plans or
conditionally approve the plans. The Commission shall only approve a
mercury control plan if it finds that the plan achieves the maximum
level of reductions in mercury emissions at each unit that is
technically and economically feasible without reliance on mercury
allowances obtained through the allowance trading system under Rule
.2510.  Reductions in mercury are technically feasible if control
technology exists that can reduce mercury emissions beyond the level
achieved by an electrostatic precipitator for that particular unit.
Economic feasibility is determined by considering environmental and
health impacts; capital cost of compliance; annual incremental
compliance cost; and impacts on local, regional and state economy. The
Commission may approve additional mercury reductions at a unit that has
achieved initial mercury reductions under G.S. 143-215.107D in lieu of
installing mercury controls at a unit that has no mercury controls if
the Commission finds that:

(1)	installation of controls at the unit is not economically and
technically feasible; and

(2)	continued operation of the unit without mercury controls will not
cause or contribute to mercury-related health problems.

(d)  Source testing. Duke Energy and Progress Energy shall each test
several of its boilers in North Carolina, but no less than four boilers
in North Carolina each, for mercury emissions that represent boiler
types and control device configurations in North Carolina. The tests
shall be conducted before installation of sulfur dioxide control devices
and after the installation of sulfur dioxide control devices, or if the
unit has a sulfur dioxide control device already installed, the test
shall be conducted before the sulfur dioxide control device and after
the sulfur dioxide control device. All testing shall occur between the
effective date of this Rule and January 1, 2009.  Either continuous
emission monitors that comply with Rule .2505 of this Section or Method
101 or 102 of 40 CFR Part 61 Appendix B shall be used to measure mercury
emissions. Each company shall submit a testing plan within nine months
from the effective date of this Rule to the Director for his approval.
The plan shall include:

(1)	the identity of the boilers to be tested and an explanation of why
they were selected,

(2)	a schedule for testing the boilers, and

(3)	a testing protocol including testing procedures.

(e)  Approval of testing. The Director shall approve the testing plan
submitted under Paragraph  (d) of this Rule if he finds that:

(1)	the elements required under Paragraph (d) of this Rule have been
submitted,

(2)	the boilers selected represent the boiler types and control device
configurations that the company has in North Carolina, and

(3)	the testing protocol and procedures are appropriate for the testing
to be done.

(f)  New sources.  Any coal-fired electric steam generating unit to
which this Rule applies and which begins construction after the
effective date of this Rule shall install and operate best available
control technology for mercury. For purposes of this Rule, "best
available control technology" means an emissions limitation based on the
maximum degree of reduction of mercury from coal-fired electric steam
generating units that is achievable for such units taking into account
energy, environmental, and economic impacts and other costs. The
Director shall identify best available mercury control technology on a
case by case basis. In no event shall application of best available
control technology result in emissions of any pollutant which would
exceed the emissions allowed by any applicable standard under 40 CFR
parts 60, 61, or 63.

(g)  If implementation of the mercury control plan approved by the
Commission under this Rule does not result in a level of reductions
sufficient to meet the allocations under Rule .2503 of this Section, the
utilities may acquire allowances for any excess emissions.

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

Eff. January 1, 2007.

SECTION .2600 - SOURCE TESTING

15A NCAC 02D .2601	PURPOSE AND SCOPE

(a)  The purpose of this Section is to assure consistent application of
testing methods and methodologies to demonstrate compliance with
emission standards.

(b)  This Section shall apply to all air pollution sources.

(c)  Emission compliance testing shall be by the procedures of this
Section, except as may be otherwise required in Rules .0524, .0912,
.1110, .1111, or .1415 of this Subchapter.

(d)  The Director may approve using test methods other than those
specified in this Section under Paragraph (i) of Rule .2602 of this
Section.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2602	GENERAL PROVISIONS ON TEST METHODS AND PROCEDURES

(a)  The owner or operator of a source shall perform any required test
at his own expense.

(b)  The final test report shall describe the training and air testing
experience of the person directing the air test.

(c)  The owner or operator of the source shall arrange for air emission
testing protocols to be provided to the Director prior to air pollution
testing.  Testing protocols are not required to be pre-approved by the
Director prior to air pollution testing. The Director shall review air
emission testing protocols for pre-approval prior to testing if
requested by the owner or operator at least 45 days before conducting
the test.

(d)  Any person proposing to conduct an emissions test to demonstrate
compliance with an applicable standard shall notify the Director at
least 15 days before beginning the test so that the Director may at his
option observe the test.

(e)  For compliance determination, the owner and operator of the source
shall provide:

(1)	sampling ports, pipes, lines, or appurtenances for the collection of
samples and data required by the test procedure;

(2)	scaffolding and safe access to the sample and data collection
locations; and

(3)	light, electricity, and other utilities required for sample and data
collection.

(f)  Unless otherwise specified in the applicable permit or during the
course of the protocol review, the results of the tests shall be
expressed in the same units as the emission limits given in the rule for
which compliance is being determined.

(g)  The owner or operator of the source shall arrange for controlling
and measuring the production rates during the period of air testing. The
owner or operator of the source shall ensure that the equipment or
process being tested is operated at the production rate that best
fulfills the purpose of the test. The individual conducting the emission
test shall describe the procedures used to obtain accurate process data
and include in the test report the average production rates determined
during each testing period.

(h)  The final air emission test report shall be submitted to the
Director not later than 30 days after sample collection. The owner or
operator may request an extension to submit the final test report.  The
Director shall approve an extension request if he finds that the
extension request is a result of actions beyond the control of the owner
or operator.

(i)  The Director shall make the final determination regarding any
testing procedure deviation and the validity of the compliance test.
The Director may:

(1)	Allow deviations from a method specified under a rule in this
Section if the owner or operator of the source being tested demonstrates
to the satisfaction of the Director that the specified method is
inappropriate for the source being tested.

(2)	Prescribe alternate test procedures on an individual basis when he
finds that the alternative method is necessary to secure more reliable
test data.

(3)	Prescribe or approve methods on an individual basis for sources or
pollutants for which no test method is specified in this Section if the
methods can be demonstrated to determine compliance of permitted
emission sources or pollutants.

(j)  The Director may authorize the Division of Air Quality to conduct
independent tests of any source subject to a rule in this Subchapter to
determine the compliance status of that source or to verify any test
data submitted relating to that source. Any test conducted by the
Division of Air Quality using the appropriate testing procedures
described in this Section has precedence over all other tests.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. July 1, 2008.

15A NCAC 02D .2603	TESTING PROTOCOL

(a)  Testing protocols shall include:

(1)	an introduction explaining the purpose of the proposed test,
including identification of the regulations and permit requirements for
which compliance is being demonstrated and the allowable emission
limits;

(2)	a description of the facility and the source to be tested;

(3)	a description of the test procedures (sampling equipment, analytical
procedures, sampling locations, reporting and data reduction
requirements, and internal quality assurance and quality control
activities);

(4)	any modifications made to the test methods referenced in the
protocol; and

(5)	a description of how production or process data will be documented
during testing.

(b)  The tester shall not deviate from the protocol unless the tester
documents the deviation.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. July 1, 2008.

15A NCAC 02D .2604	NUMBER OF TEST POINTS

(a)  Method 1 of Appendix A of 40 CFR Part 60 shall be used to select a
suitable site and the appropriate number of test points for the
following situations:

(1)	particulate testing,

(2)	volatile organic compounds,

(3)	velocity and volume flow rate measurements,

(4)	testing for acid mist or other pollutants that occur in liquid
droplet form,

(5)	any sampling for which velocity and volume flow rate measurements
are necessary for computing final test results, or

(6)	any sampling that specifies isokinetic sampling.

(b)  Method 1 of Appendix A of 40 CFR Part 60 shall be used as written
with the following clarifications:

(1)	Testing installations with multiple breechings may be accomplished
by testing the discharge stack(s) to which the multiple breechings
exhaust.  If the multiple breechings are individually tested, then
Method 1 shall be applied to each breeching individually.

(2)	If test ports in a duct are less than two diameters downstream from
any disturbance (fan, elbow, change in diameter, or any other physical
feature that may disturb the gas flow) or less than one-half diameter
upstream from any disturbance, the acceptability of the test location
shall be determined by the Director before the test and after his review
of technical and economic factors.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2605	VELOCITY AND VOLUME FLOW RATE

Method 2 of Appendix A of 40 CFR Part 60 shall be applied as written and
used concurrently with any test method in which velocity and volume flow
rate measurements are required.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2606	MOLECULAR WEIGHT

(a)  With the exceptions allowed under Paragraph (b), Method 3 of
Appendix A of 40 CFR Part 60 shall be applied as written and used
concurrently with any test method when necessary to determine the
molecular weight of the gas being sampled by determining the fraction of
carbon dioxide, oxygen, carbon monoxide, and nitrogen.

(b)  The grab sample technique may be substituted using instruments such
as Bacharach Fyrite™ with the following restrictions:

(1)	Instruments such as the Bacharach Fyrite™ may only be used for the
measurement of carbon dioxide.

(2)	Repeated samples shall be taken during the emission test run to
account for variations in the carbon dioxide concentration. At least
four samples shall be taken during a one-hour test run, but as many as
necessary shall be taken to produce a reliable average.

(3)	The total concentration of gases other than carbon dioxide, oxygen,
and nitrogen shall be less than one percent.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2607	determination of moisture content

Method 4 of Appendix A of 40 CFR Part 60 shall be applied as written and
used concurrently with any test method requiring determination of gas
moisture content.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2608	NUMBER OF RUNS AND COMPLIANCE DETERMINATION

Each test (excluding fuel samples) shall consist of three repetitions or
runs of the applicable test method. For determining compliance with an
applicable emission standard, the average of results of all repetitions
applies.  On a case-by-case basis, compliance may be determined using
the arithmetic average of two run results if the Director determines
that an unavoidable and unforeseeable event happened beyond the owner's
or operator's or tester's control and that a third run could be not be
completed.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2609	PARTICULATE TESTING METHODS

(a)  With the exception allowed under Paragraph (b) of this Rule, Method
5 of Appendix A of 40 CFR Part 60 and Method 202 of Appendix M of 40 CFR
Part 51 shall be used to demonstrate compliance with particulate
emission standards. The owner or operator may request an exemption from
using Method 202 and the Director shall approve the exemption if the
Director determines that the demonstration compliance with an applicable
emission standard is unlikely to change with or without the Method 202
results included.

(b)  Method 17 of Appendix A of 40 CFR Part 60 may be used instead of
Method 5 if:

(1)	The stack gas temperature does not exceed 320º F,

(2)	Particulate matter concentrations are known to be independent of
temperature over the normal range of temperatures characteristic of
emissions from a specified source category, and

(3)	The stack does not contain liquid droplets or is not saturated with
water vapor.

(c)  Particulate testing on steam generators that use soot blowing as a
routine means for cleaning heat transfer surfaces shall be conducted so
that the contribution of the soot blowing is represented as follows:

(1)	If the soot blowing periods are expected to represent less than 50
percent of the total particulate emissions, only one of the test runs
shall include a soot blowing cycle.

(2)	If the soot blowing periods are expected to represent more than 50
percent of the total particulate emissions then two of the test runs
shall each include a soot blowing cycle.  Under no circumstances shall
all three test runs include soot blowing. The average emission rate of
particulate matter is calculated by the equation:

EAVG = S(ES){(A+B)/AR} + EN{((R-S)/R) - (BS/AR)}

where:

(A)	EAVG equals the average emission rate in pounds per million Btu for
daily operating time.

(B)	ES equals the average emission rate in pounds per million Btu of
sample(s) containing soot blowing.

(C)	EN equals the average emission rate in pounds per million Btu of
sample(s) with no soot blowing.

(D)	A equals hours of soot blowing during sample(s).

(E)	B equals hours without soot blowing during sample(s) containing soot
blowing.

(F)	R equals average hours of operation per 24 hours.

(G)	S equals average hours of soot blowing per 24 hours.

The Director may approve an alternate method of prorating the emission
rate during soot blowing if the owner or operator of the source
demonstrates that changes in boiler load or stack flow occur during soot
blowing that are not representative of normal soot blowing operations.

(d)  Unless otherwise specified by an applicable rule or federal
subpart, the minimum time per test point for particulate testing shall
be two minutes, and the minimum time per test run shall be one hour.

(e)  Unless otherwise specified by an applicable rule or federal
subpart, the sample gas drawn during each test run shall be at least 30
cubic feet.

(f)  Method 201 or Method 201A in combination with Method 202 of
Appendix M of 40 CFR Part 51 shall be used to determine compliance with
PM10 emission standards. If the exhaust gas contains entrained moisture
droplets, Method 5 of Appendix A of 40 CFR Part 60 in combination with
Method 202 of Appendix M of 40 CFR Part 51 shall be used to determine
PM10 emission compliance.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2610	OPACITY

(a)  Method 9 of Appendix A of 40 CFR 60 shall be used to show
compliance with opacity standards when opacity is determined by visual
observation.

(b)  Method 22 Appendix A of 40 CFR 60 shall be used to determine
compliance with opacity standards when such standards are based upon the
frequency of fugitive emissions from stationary sources as specified in
the applicable rule or by permit condition.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2611	SULFUR DIOXIDE TESTING METHODS

(a)  If compliance is to be demonstrated for a combustion source through
stack sampling the procedures described in Method 6 or Method 6C of
Appendix A of 40 CFR Part 60 shall be used. When Method 6 of Appendix A
of 40 CFR Part 60 is used to determine compliance, compliance shall be
determined by averaging six 20-minute samples taken over such a period
of time that no more than 20 minutes elapses between any two consecutive
samples.  The 20-minute run requirement only applies to Method 6 not to
Method 6C.  Method 6C is an instrumental method and the sampling is done
continuously.

(b)  Fuel burning sources not required to use continuous emissions
monitoring to demonstrate compliance with sulfur dioxide emission
standards, may determine compliance with sulfur dioxide emission
standards by stack sampling or by analyzing sulfur content of the fuel.

(c)  For stationary gas turbines, Method 20 of 40 CFR Part 60 shall be
used to demonstrate compliance with applicable sulfur dioxide emissions
standards.

(d)  When compliance is to be demonstrated for a combustion source by
analysis of sulfur in fuel, sampling, preparation, and analysis of fuels
shall be according to the following American Society of Testing and
Materials (ASTM) methods. The Director may approve ASTM methods
different from those described in this Paragraph if they will provide
equivalent or more reliable results.  The Director may prescribe
alternate ASTM methods on an individual basis if that action is
necessary to secure reliable test data.

(1)	Coal Sampling:

(A)	Sampling Location. Coal shall be collected from a location in the
handling or processing system that provides a sample representative of
the fuel bunkered or burned during a boiler operating day.  For the
purpose of this method, a fuel lot size is defined as the weight of coal
bunkered or consumed during each boiler-operating day.  For reporting
and calculation purposes, the gross sample shall be identified with the
calendar day on which sampling began.  The Director may approve
alternate definitions of fuel lot sizes if the alternative will provide
a more representative sample.

(B)	Sample Increment Collection. A coal sampling procedure shall be used
that meets the requirements of ASTM D 2234 Type I, condition A, B, and
C, and systematic spacing for collection of sample increments.  All
requirements and restrictions regarding increment distribution and
sampling device constraints shall be observed.

(C)	Gross Samples. ASTM D 2234, 7.1.2, Table 2 shall be used except as
provided in <IP_ADDRESS> to determine the number and weight of increments
(composite or gross samples).

(D)	Preparation. ASTM D 2013 shall be used for sample preparation from a
composite or gross sample.

(E)	Gross Caloric Value (GCV). ASTM D 2015 or D 3286 shall be used to
determine GCV on a dry basis from a composite or gross sample.

(F)	Moisture Content. ASTM D 3173 shall be used to determine moisture
from a composite or gross sample.

(G)	Sulfur Content. ASTM D 3177 or D 4239 shall be used to determine the
percent sulfur on a dry basis from a composite or gross sample.

(2)	Oil Sampling

(A)	Sample Collection. A sample shall be collected at the pipeline inlet
to the fuel-burning unit after sufficient fuel has been drained from the
line to remove all fuel that may have been standing in the line.

(B)	Heat Of Combustion. ASTM Method D 240 or D 2015 shall be used to
determine the heat of combustion.

(C)	Sulfur Content. ASTM Method D 129 or D 1552 shall be used to
determine the sulfur content.

The sulfur content and BTU content of the fuel shall be reported on a
dry basis. When the test methods described in Subparagraph (d)(1) or
(d)(2) of this Rule are used to demonstrate that the ambient air quality
standards for sulfur dioxide are being protected, the sulfur content
shall be determined at least once per year from a composite of at least
three or 24 samples taken at equal time intervals from the fuel being
burned over a three-hour or 24-hour period, respectively, whichever is
the time period for which the ambient standard is most likely to be
exceeded; this requirement shall not apply to sources that are only
using fuel analysis in place of continuous monitoring to meet the
requirements of Section .0600 of this Subchapter.

(e)  When compliance is shown for sulfuric acid manufacturing plants or
spodumene ore roasting plants with Rules .0517 and .0527, respectively,
of this Section through stack sampling, the procedures described in
Method 8 of Appendix A of 40 CFR Part 60 shall be used.  When Method 8
of Appendix A of 40 CFR Part 60 is used to determine compliance,
compliance shall be determined by averaging emissions measured by three
one-hour test runs unless otherwise specified in the applicable rule or
federal subpart.

(f)  When compliance is shown for a combustion source emitting sulfur
dioxide not covered under Paragraph (a) through (e) of this Rule through
stack sampling, the procedures described in Method 6 or Method 6C of
Appendix A of 40 CFR Part 60 shall be used.  When using Method 6
procedures to show compliance, compliance shall be determined by
averaging six 20-minute samples taken over such a period of time that no
more than 20 minutes elapses between any two consecutive samples.  The
20-minute run requirement only applies to Method 6 not to Method 6C.
Method 6C is an instrumental method and the sampling is done
continuously.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2612	NITROGEN OXIDE TESTING METHODS

(a)  Combustion sources not required to use continuous emissions
monitoring to demonstrate compliance with nitrogen oxide emission
standards shall demonstrate compliance with nitrogen oxide emission
standards using Method 7 or Method 7E of Appendix A of 40 CFR Part 60.

(b)  Method 20 of Appendix A of 40 CFR Part 60 shall be used to
demonstrate compliance with nitrogen oxide emissions standards for
stationary gas turbines.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2613	VOLATILE ORGANIC COMPOUND TESTING METHODS

(a)  For surface coating material, such as paint, varnish, stain, and
lacquer, the volatile matter content, water content, density, volume of
solids, and weight of solids shall be determined by Method 24 of
Appendix A of 40 CFR Part 60.

(b)  For printing inks and related coatings, the volatile matter and
density shall be determined by Method 24A of Appendix A of 40 CFR Part
60.

(c)  For solvent metal cleaning equipment, the following procedure shall
be followed to perform a material balance test:

(1)	clean the degreaser sump before testing;

(2)	record the amount of solvent added to the tank with a flow meter;

(3)	record the weight and type of workload degreased each day;

(4)	at the end of the test run, pump out the used solvent and measure
the amount with a flow meter; also, estimate the volume of metal chips
and other material remaining in the emptied sump;

(5)	bottle a sample of the used solvent and analyze it to find the
percent that is oil  and other contaminants; the oil and solvent
proportions may be estimated by weighing samples of used solvent before
and after boiling off the solvent; and

(6)	compute the volume of oils in the used solvent.  The volume of
solvent displaced by this oil along with the volume of makeup solvent
added during operations is equal to the solvent emissions.

(d)  For bulk gasoline terminals, emissions of volatile organic
compounds shall be determined by the procedures set forth in 40 CFR
60.503.

(e)  For organic process equipment, leaks of volatile organic compounds
shall be determined by Method 21 of Appendix A of 40 CFR Part 60.
Organic process equipment includes valves, flanges and other
connections, pumps and compressors, pressure relief devices, process
drains, open-ended valves, pump and compressor seal system degassing
vents, accumulator vessel vents, access door seals, and agitator seals.

(f)  For determination of solvent in filter waste (muck and distillation
waste) in accordance with Rule .0912 of this Section, the tester shall
derive the quantity of volatile organic compounds per quantity of
discarded filter muck.  The procedure to be used in making this
determination is the test method described by the American National
Standards Institute's "Standard Method of Test for Dilution of
Gasoline-Engine Crankcase Oils" (ASTM 322-67 or IP 23/68) except that
filter muck is to be used instead of crankcase oil.

(g)  For sources of volatile organic compounds not covered under the
methods specified in Paragraphs (b) through (e) of this Rule, one of the
applicable test methods in Appendix M in 40 CFR Part 51 or Appendix A in
40 CFR Part 60 shall be used to determine compliance with volatile
organic compound emission standards.

(h)  Compounds excluded from the definition of volatile organic compound
under Rule .0901 of this Subchapter shall be treated as water.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2614	DETERMINATION OF VOC EMISSION CONTROL SYSTEM
EFFICIENCY

(a)  The provisions of this Rule are applicable to any test method
employed to determine the collection or control efficiency of any device
or system designed, installed, and operated for the purpose of reducing
volatile organic compound emissions.

(b)  The following procedures shall be used to determine efficiency:

(1)	The volatile organic compound containing material shall be sampled
and analyzed using the procedures contained in this Section.

(2)	Samples of the gas stream containing volatile organic compounds
shall be taken simultaneously at the inlet and outlet of the emissions
control device.

(3)	The efficiency of the control device shall be expressed as the
fraction of total combustible carbon content reduction achieved.

(4)	The volatile organic compound mass emission rate shall be the sum of
emissions from the control device and emissions not collected by the
capture system.

(c)  Capture efficiency performance of volatile organic compound
emission control systems shall be determined using the EPA recommended
capture efficiency protocols and test methods as described in the EPA
document, EMTIC GD-035, "Guidelines for Determining Capture Efficiency."

(d)  The EPA document, EMTIC GD-035, "Guidelines for Determining Capture
Efficiency" cited in this Rule is hereby incorporated by reference
including any subsequent amendments or editions.  A copy of the
referenced materials may be obtained free of charge via the Internet
from the EPA TTN website at http://www.epa.gov/ttn/emc/guidlnd.html
HYPERLINK "http://www.epa.gov/ttn/emc/guidlnd.html"   .

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.68;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2615	DETERMINATION OF LEAK TIGHTNESS AND VAPOR LEAKS

(a)  Leak Testing. One of the following test methods from the EPA
document "Control of Volatile Organic Compound Leaks from Gasoline Tank
Trucks and Vapor Collection System," EPA-450/2-78-051, published by the
U.S. Environmental  Protection Agency, December 1978, shall be used to
determine compliance with Rule .0932 Gasoline Truck Tanks And Vapor
Collector Systems of this Section:

(1)	The gasoline vapor leak detection procedure by combustible gas
detector described in Appendix B of EPA-450/2-78-051 shall be used to
determine leakage from gasoline truck tanks and vapor control systems.

(2)	The leak detection procedure for bottom-loaded truck tanks by bag
capture method described in Appendix C of EPA-450/2-78-051 shall be used
to determine the leak tightness of truck tanks during bottom loading.

(b) Annual Certification. The pressure-vacuum test procedures for leak
tightness of truck tanks described in Method 27 of Appendix A of 40 CFR
Part 60 shall be used to determine the leak tightness of gasoline truck
tanks in use and equipped with vapor collection equipment. Method 27 of
Appendix A of 40 CFR Part 60 is changed to read:

(1)	<IP_ADDRESS> "Connect static electrical ground connections to tank."

(2)	<IP_ADDRESS> "Attach test coupling to vapor return line."

(3)	16.0 No alternative procedure is applicable.

(c)  Copies of Appendix B and C of the EPA document, "Control of
Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor
Collection System," EPA-450/2-78-051, cited in this Rule, are hereby
incorporated with subsequent amendments and editions by reference and
are available on the Division's Website
http://daq.state.nc.us/enf/sourcetest.

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

Eff. June 1, 2008.

15A NCAC 02D .2616	FLUORIDES

The procedures for determining compliance with fluoride emissions
standards shall be by using:

(1)	Method 13A or 13B of Appendix A of 40 CFR Part 60 for sampling
emissions from stacks; or

(2)	Method 14 of Appendix A of 40 CFR Part 60 for sampling emissions
from roof monitors not employing stacks or pollutant collection systems.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2617	TOTAL REDUCED SULFUR

(a)  Method 16 of Appendix A of 40 CFR Part 60 or Method 16A of Appendix
A of 40 CFR Part 60 shall be used to show compliance with total reduced
sulfur emission standards.

(b)  Method 15 of Appendix A of 40 CFR Part 60 may be used as an
alternative method to determine total reduced sulfur emissions from tail
gas control units of sulfur recovery plants, hydrogen sulfide in fuel
gas for fuel gas combustion devices, and where specified in other
applicable federal subparts.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2618	MERCURY

Method 101 or 102 of Appendix b of 40 CFR Part 61 shall be used to show
compliance with mercury emission standards.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2619	ARSENIC, BERYLLIUM, CADMIUM, HEXAVALENT CHROMIUM

(a)  Method 29 of 40 CFR Part 60 of Appendix A shall be used to show
compliance for arsenic, beryllium, cadmium, and hexavalent chromium
metals emission standards.

(b)  SW 846 Method 3060 shall be used for the analysis to differentiate
hexavalent from total chromium. The EPA publication SW-846, "Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods," cited in
this Rule is hereby incorporated by reference including any subsequent
amendments or editions. A copy of the EPA publication SW-846, "Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods," may be
obtained free of charge via the Internet from the EPA website at
http://www.epa.gov/epaoswer/hazwaste/test/sw846.htm.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2620	DIOXINS AND FURANS

Method 23 of Appendix A of 40 CFR Part 60 shall be used to show
compliance with polychlorinated dibenzo-p-dioxins and polychlorinated
dibenzofurans emission standards.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

15A NCAC 02D .2621	DETERMINATION OF FUEL HEAT CONTENT USING F-FACTOR

y

z

‡

ˆ

g

h

v

w

ý

þ

u

c

ù

F

°

ó

œ

Ô

E

L

›

R

v

Q

 hhn

kdØ

摧≃Ew欀ꩤ

 hhn

D

 h„X

Â

 h„X

%

Ì

©

®

 hš6

Þ

©

X

—

è

‘

o

Z

摧≃EЀ 摧≃EЀ!摧≃EЀ 摧≃Eᤀ

Œ

§

¶

¶

¶

‹

V

U

V

Á

ë

 hX

™

™

™

™

™

™

™

™

™

™

™

?

?

?

?

?

?

?

?

?

?

?

?

?

?

?

?

?

?

?

?

?

?

b	š

b	š

b	š

b	š

b	š

b	š

b	š

b	š

b	š

b	š

b	š

b	š

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

b	ô

kdÔ

kd

Ö,

ò,

ó,

ô,

-

 -

§-

>

s

Þ

-

š

¦

§

Ô

û

'

ఀ'

(

3

7

8

C

G

G

H

P

T

U

`

d

d

e

f

Ç

ਁ氃愀϶lᄀÇ

I

7

é

î-

c

x

ᬀx

‹

Ÿ

²

Ç

ß

ð

!

µ

!

-!

2!

N!

_!

?"

@"

‚"

–"

²"

³"

Ò"

&#

'#

i#

}#

~#

²#

–&

Ù'

ᰀÙ'

)

Ü*

2,

3,

u,

‰,

¤,

¥,

Â,

Ã,

ô,

¤-

n.

91

:1

{1

Ž1

·1

¸1

×1

2

`3

ê3

 4

᠀§-

©-

n.

q.

s.

@

@

@

@

@

Z@

_E

¾E

ÍE

ÞE

ßE

úE

JL

sL

Q

S

åW

öW

]X

ÂX

ÃX

ÞX

-\

)\

mi

Îi

Üi

íi

îi

j

2j

?k

@k

el

gl

…m

†m

Œm

m

Èm

Ìm

n

qx

ºx

Óx

Úx

,y

Tz

„

(„

X„

[„

]„

`„

ð„

¶†

SŠ

YŠ

oŠ

zŠ

{Š

œŠ

J‹

U‹

W‹

/Œ

0Œ

ÀŒ

ÎŒ

àŒ

J 4

˜4

$5

}5

Ê5

6

6

7

™8

9

Y9

¦9

 ;

e;

»;

›<

#=

w=

w>

?

/?

o?

@

Z@

1A

ÊA

 B

ZB

C

C

ÞC

ÜD

^E

_E

ŸE

²E

ûE

üE

;F

5H

H

I

tI

§I

J

ÍJ

ýJ

`K

ÄK

UM

N

¬P

Q

Q

S

OT

U

œU

ÀV

ÊW

ßX

´Y

=Z

¬Z

¦[

*\

é\

]

<]

h]

š]

Â]

ê]

^

ß_

Id

Îg

li

mi

摧≃Eᤀmi

®i

Ái

j

j

2j

Èm

n

ªo

q

©q

ûq

 t

u

€v

×x

6y

”y

öy

Tz

Þ{

x|

ô|

]„

摧≃Eᤀ]„

ð„

‚…

†

¶†

d‡

-ˆ

Š

{Š

W‹

/Œ

0Œ

 Œ

³Œ

ðŒ

ñŒ

[Ž

ÂŽ

摧≃EᤀàŒ

îŒ

ðŒ

|Ž

ªŽ

«Ž

>—

˜

n˜

o˜

9š

ºš

§Ÿ

ªŸ

æŸ

‰

?¤

Õ

Õ

Ý

Ý

nÝ

oÝ

«Ý

_Þ

®Þ

¯Þ

ÏÞ

¢à

£à

Ùà

:á

;á

Äâ

ã

	ã

Åå

Çå

ç

?ç

ê

®ê

Ãê

¢ë

»ë

¼ë

½ë

8í

¦‘

-’

”’

ð’

6•

Ø•

>—

?—

z—

—

º—

»—

˜

á˜

™

%™

G™

Ž™

9š

:š

{š

摧≃Eᨀ{š

Žš

š

¹š

ºš

îš

	ž

:ž

Îž

$Ÿ

7Ÿ

KŸ

gŸ

xŸ

§Ÿ

‰

Þ¡

à¢

摧≃EЀ!摧≃EЀ 摧≃Eᨀà¢

ü£

?¤

¥

ë¥

ì¥

.¦

B¦

a¦

b¦

¦

ó¦

¨

¨ª

´«

µ«

÷«

¬

¬

G¬

å±

#¸

†¸

ÿ¸

þ¹

†º

摧≃Eᤀ†º

Ò»

s½

‚¾

•¿

Á

®Á

ðÁ

Â

Â

EÂ

°Â

.Ã

/Ã

qÃ

…Ã

†Ã

‡Ã

ˆÃ

³Ã

¡Æ

ÜÆ

žÇ

È

É

ÙÊ

}Ì

²Í

³Í

ᰀ³Í

õÍ

	Î

Î

2Î

3Î

TÎ

¨Ï

 Ð

Ñ

lÑ

ºÑ

æÑ

HÒ

ºÒ

&Ó

’Ó

·Ô

¸Ô

úÔ

Õ

Õ

-Õ

ÚÕ

ÛÕ

Ö

0Ö

1Ö

ᬀ1Ö

QÖ

×

-×

K×

½×

ú×

7Ø

jØ

 Ø

ÆØ

ÜØ

ÝØ

Ù

2Ù

3Ù

UÙ

£Ù

!Ú

Ú

`Û

Ý

Ý

\Ý

oÝ

pÝ

Ý

Ý

Ý

«Ý

_Þ

`Þ

›Þ

¯Þ

°Þ

ÏÞ

ß

à

£à

Ùà

Úà

'á

;á

<á

]á

â

Äâ

	ã

>ã

wã

Âã

Òä

摧≃EЀ 摧≃EЀ!摧≃E᠀Òä

pæ

ç

?ç

õç

Sè

îè

±é

Ãê

ÿê

Më

ë

Áë

ì

«ì

:í

¨î

©î

ï

%ï

&ï

Yï

qð

fñ

gñ

¾ñ

摧≃Eᤀ8í

9í

óî

ï

ï

#ï

Yï

»ï

Âï

Âð

Éð

]ñ

dñ

fñ

Ññ

Òñ

Óñ

,ò

-ò

âò

Bó

Có

“ó

ô

 ô

Rô

Sô

sô

xô

ˆô

‰ô

‹ô

Ðô

)õ

*õ

Jõ

—õ

˜õ

¢õ

£õ

5ö

6ö

=ö

>ö

²ö

³ö

¾ö

¿ö

V÷

W÷

–÷

—÷

ð÷

ñ÷

Cø

Dø

Lø

Mø

°ø

±ø

Åø

Æø

Çø

çø

 h

?¾ñ

Òñ

Óñ

-ò

âò

ãò

/ó

Có

Dó

wó

xó

“ó

ùó

 ô

<ô

Wô

yô

‹ô

Ðô

Ñô

 õ

*õ

+õ

Jõ

“õ

␃愀$摧䱭EЀ!摧≃EЀ 摧≃E᠀“õ

1ö

®ö

R÷

ì÷

¬ø

óù

—ú

6û

}û

	þ

šþ

摧≃E᠀çø

èø

þø

ÿø

÷ù

øù

ú

ú

›ú

œú

¨ú

©ú

:û

;û

?û

@û

‚û

ƒû

Šû

‹û

þ

þ

›þ

œþ

-

!

a

!

"

a

 hù

 hù

尀䠍Вచ!尦

尀䠍Вచ怡尧

尀䠍Вచ‡尧

尀䠍Вచ怡尧

尀䠍Вచ‡尧

 hù

 hù

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ怡尦

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ怡尧

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ怡尧

  hù

 hù

 hù

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ!尧

尀䠍Вచ尦

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ怡尧

尀䠍Вచ‡尧

 hù

 hù

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ怡尧

尀䠍Вచ‡尧

尀䠍Вచ怡尦

尀䠍Вచ‡尧

尀䠍Вచ怡尦

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ怡尦

尀䠍Вచ‡尧

尀䠍Вచ‡尧

 hù

 hù

尀䠍Вచ怡尧

尀䠍Вచ‡尧

尀䠍Вచ怡尧

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ怡尦

尀䠍Вచ‡尧

尀䠍Вచ‡尧

 hù

 hù

尀䠍Вచ怡尧

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ‡尧

尀䠍Вచ怡尦

尀䠍Вచ‡尧

尀䠍Вచ怡尦

尀䠍Вచ‡尧

尀䠍Вచ!尧

尀䠍Вచ怡尧

尀䠍Вచ‡尧

尀䠍Вచ怡尦

 hù

 hù

尀䠍Вచ‡尧

摧≃EЀ 摧≃EЀ!摧≃EЀ
摧≃Eᨀ

癩
炙識益ﱆﱇﻅﻆ＠ＡﾜﾞɈ

ɉ

ό

Ϭ

Ҳ

ҳ

ӿ

Ԁ

؋

ࡀ

ࡇ

ू

੎

ઌ

ઙ

૑

ତ

஑

൳

摧≃Eᨀ益ﻅ＠ﾞΒ

ϭ

Й

ю

Ӓ

Ԣ

֤

׸

ू

੍

੎

ચ

ર

摧≃Eᨀર

઱

ૐ

૑

૶

க

௑

಄

ഔ

ക

൮

ං

ඃ

෈

ฤ

ຝ

၌

ᄸ

ᆏ

ሉ

ቚ

ኯ

Ꭷ

ᖰ

᜗

ឲ

摧≃EЀ!摧≃Eᤀ൳

ൿ

ං

ඃ

ຢ

໛

။

၌

ၱ

ၴ

ႃ

Ⴙ

჆

ᄷ

ᄸ

ᑝ

ᑣ

ᔝ

ᕌ

ᕑ

ᕘ

ᖰ

ᖿ

ᗐ

ᗪ

ᘫ

ᙻ

ᙼ

ᚤ

ᚬ

ᛋ

ᛖ

᜕

᜖

ᰧ

ᰫ

ᰳ

ᰵ

ᰶ

Ᲊ

Ვ

ᶿ

᷈

᷒

ᷨ

῎

ῐ

ῒ

Ὶ

῝

῞

≸

⊫

⊮

⎀

╧

╳

╶

⚹

⛅

⛆

⛇

=ឲ

ᢩ

᥂

ᨲ

ᯈ

ᯉ

ᰢ

ᰵ

ᰶ

ᱚ

ᲂ

ᵕ

ᶕ

Ṫ

ẹ

ἐ

Ὧ

ὰ

Έ

῝

῞

₥

₾

⃞

ℎ

⅟

摧≃Eᨀ⅟

⇘

∎

≸

⎀

┈

┉

╢

╵

╶

▨

♚

♛

⚴

⛇

⛈

⛬

⡦

⥤

⨚

⬢

⮘

⮙

⯲

Ⰶ

Ⰷ

ⰼ

摧≃Eᨀ⛇

⛈

⛬

✓

✜

⢬

⢰

⥤

⯷

Ⰳ

Ⰶ

Ⰷ

Ⱇ

ⰼ

ⴼ

ⵈ

ⵋ

ⵌ

ⶋ

⿨

⿴

⿷

⿸

〧

ゖ

チ

ㄎ

ㅓ

㆟

㈩

㋃

㏂

㚔

㚕

㚘

㚞

㚟

㚮

㚯

㛍

㥒

㨆

㵅

㵑

㵔

㵕

㺎

㼁

㼃

㽢

㽮

㽱

㽲

㾤

䈝

䉗

 hmx

7ⰼ

ⳝ

Ⳟ

ⴷ

ⵋ

ⵌ

ⶋ

⾉

⾊

⿣

⿷

⿸

〧

㈪

㉽

㊴

㍭

㏂

㒗

㕈

㚔

㛅

㛍

㜭

摧≃Eᜀ㜭

㞕

㟺

㠯

㢁

㢷

㣰

㨉

㫖

㭭

㳦

㳧

㵀

㵔

㵕

㵰

㸃

㼃

㼄

㽝

㽱

㽲

㾤

䇯

䋾

䎘

䖚

摧≃Eᨀ䉗

䉾

䊘

䒅

䕠

䕢

䖙

䗒

䗛

䞳

䞶

䠼

䠾

䣋

䥀

䥰

䥽

䧫

䨈

䨕

䪄

䪑

䫶

䬃

䭦

䭳

䯅

䳝

䳪

䵀

䵍

䵛

䵯

剅

剌

卾

厔

哎

唭

唹

唼

唽

喇

喛

喾

嗉

嘂

嘍

嚾

囉

坹

垅

垆

垇

垈

宼

宿

弉

弊

弐

彮

彳

忴

念

恴

恵

恷

恸

悾

悿

愚

捁

捍

捏

捐

擝

擞

敡

敢

ᘆ䍨䔢一䖚

䖭

䟻

䥁

䧫

䩏

䫔

䬼

䯅

䯖

䲩

䴐

䵯

偙

剖

响

哏

唨

唼

唽

啯

噾

圚

圛

坴

垇

摧≃Eᤀ垇

垈

埅

墲

奂

妻

姨

娮

婭

嬬

尠

峤

嵰

弋

愛

扚

拢

拣

挼

捏

捐

掛

撕

據

敞

旹

晽

摧≃EЀ 摧≃EЀ!摧≃Eᨀ敢

旼

旽

暀

暁

栁

栂

栰

栱

桗

桘

梅

梆

棯

棰

楞

楟

榆

榇

榼

榽

榿

槁

樏

樔

樠

樢

樣

澋

澚

澯

激

瀶

炨

烄

烪

焲

焾

煁

煂

猉

猕

猘

猙

琨

瑎

瑬

甜

畻

疇

疉

疊

疥

瘗

瘚

癹

皅

皈

皉

矚

;晽

望

栲

槁

槂

樏

樢

樣

橦

毦

沶

涌

滜

漠

潙

澋

烫

烬

焭

煁

煂

煟

熿

爜

犪

犫

摧≃Eᤀ犫

猄

猘

猙

獁

班

甜

甝

當

疉

疊

疥

瘚

瘛

癴

皈

皉

盍

睲

禍

禎

秧

移

秼

稢

立

竌

摧≃Eᨀ矚

祘

秬

秸

移

秼

稏

稖

笪

笶

笸

笹

絶

2竌

笥

笸

笹

签

ere shall be a separate bag sample for each sampling train.  The bag
sample shall be analyzed with an Orsat analyzer by Method 3 of Appendix
A of 40 CFR Part 60.  (The number of analyses and the tolerance between
analyses are specified in Method 3.)  The specifications stated in
Method 3 for the construction and operation of the bag sampling
apparatus shall be followed.

(b)  A continuous oxygen (O2) and carbon dioxide (CO2) monitor under
Method 3E of Appendix A of 40 CFR Part 60 may be used if the average of
all values during the run are used to compute the average
concentrations.

(c)  The Director may approve the use of alternative methods according
to Rule .2602 of this Section if they meet the requirements of Method 3
of Appendix A of 40 CFR Part 60.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5);

Eff. June 1, 2008.

 PAGE