shall furnish these records to the Director upon request. These records
shall be maintained on file for three years. The following facilities
are exempt from this Rule based upon the previous two years records:

(1)	any facility that dispenses less than 10,000 gallons of gasoline per
calendar month;

(2)	any facility that dispenses less than 50,000 gallons of gasoline per
calendar month and is an independent small business marketer of
gasoline;

(3)	any facility that dispenses gasoline exclusively for refueling
marine vehicles, aircraft, farm equipment, and emergency vehicles; or

(4)	any tanks used exclusively to test the fuel dispensing meters.

Any facility that ever exceeds the exemptions given in Subparagraphs
(1), (2), (3), or (4) of this Paragraph shall be subject to all of the
provisions of this Rule according to the schedule given in Paragraph (e)
of this Rule, and shall remain subject to these provisions even if the
facility's later operation meets the exemption requirements.

(c)  Definitions. For the purpose of this Rule, the following
definitions apply:

(1)	"Affected Facility" means any gasoline service station or gasoline
dispensing facility subject to the requirements of this Rule.

(2)	"CARB" means the California Air Resources Board.

(3)	"Certified Stage II Vapor Recovery System" means any system
certified by the California Air Resources Board as having a vapor
recovery or removal efficiency of at least 95 percent by weight.

(4)	"Facility" means any gasoline service station or gasoline dispensing
facility.

(5)	"ISBM" means independent small business marketer.

(6)	"Independent Small Business Marketer of Gasoline" means a facility
that qualifies under Section 324 of the Federal Clean Air Act.

(7)	"Operator" means any person who leases, operates, controls, or
supervises a facility at which gasoline is dispensed.

(8)	"Owner" means any person who has legal or equitable title to the
gasoline storage tank at a facility.

(9)	"Stage II Vapor Recovery" means the control of gasoline vapor at the
vehicle fill-pipe, where the vapors are captured and returned to a
vapor-tight underground storage tank or are captured and destroyed.

(10)	"Throughput" means the amount of gasoline dispensed at a facility
during any calendar month.

(11)	"Vapor Recovery Dispenser Riser" means piping rising from the vapor
recovery piping to the dispenser.

(12)	"Vapor Recovery Piping" means vapor return piping connecting the
storage tank(s) with the vapor recovery dispenser riser(s).

(d)  Requirements. Affected facilities shall install the necessary
piping for future installation of CARB certified Stage II vapor recovery
system. The vapor piping shall extend from the tanks to the pumps.  The
vapor piping shall be installed in accordance with the following
requirements:

(1)	Gasoline vapors shall be:

(A)	transferred from each gasoline dispenser to the underground storage
tank individually, or

(B)	manifolded through a common header from which a single return line
is connected through another manifold to all of the underground tanks.

Each vapor return pipe shall allow the transfer of gasoline vapors to
the tank from which the liquid gasoline is being drawn;

(2)	Pipe diameter shall meet manufacturer's specifications.  If the
manufacturer does not specify diameters, the following minimum pipe
diameters apply.  If the manufacturer only specifies diameters for part
of the system, the following diameters apply for the pipe(s) not
specified.  All fittings, connectors, and joints shall have an inside
diameter equal to the inside diameter of the pipe to which it is
attached.  The following diameters are specified for the number of
nozzles that may be operated at the same time;

(A)	Vapor Recovery Dispenser Risers

(i)	Three-forths of an inch for vapor recovery dispenser risers
returning vapors from one nozzle; or

(ii)	One inch for vapor recovery dispenser risers returning vapors from
two nozzles;

(B)	Vapor Recovery Piping

(i)	At least two inches for six or fewer nozzles; or

(ii)	At least three inches for more than six nozzles;

(3)	All piping and fittings shall be installed in accordance with
manufacturer's instructions and specifications.  Metal pipe shall be
minimum schedule 40 welded or seamless steel per ASTM A-53,
"Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated Welded
and Seamless Pipe".  Fittings shall be 150 pounds cold water screwed
malleable iron. Pipe and fittings shall be galvanized and pipe threads
shall be zinc-coated.  Nonmetallic pipes and fittings shall be U/L
listed under nonmetallic primary pipes and fittings for underground
flammable liquids (gas and oil equipment directory);

(4)	Each vapor return pipe shall slope toward the storage tank with a
minimum grade of 1/8 inches per foot. No low points or sags shall exist
along the return piping;

(5)	All vapor return and vent piping shall be provided with flexible
joints or swing joints at each tank connection and at the base of the
vent pipe riser where it fastens to a building or other structure;

(6)	All vapor return pipe-trenching shall be compacted to 90 percent of
the standard proctor according to ASTM D-698 "Laboratory Compaction
Characteristics of Soil Using Standard Effort" of the area soil before
the pipes are installed and back-filled with sand or other material
approved by the pipe manufacturer at least six inches below and above
the piping;

(7)	The pipes shall not be driven over or in any other way crushed
before paving or surfacing;

(8)	The vapor return piping or manifolded piping on a vacuum assisted
system shall enter a separate opening to the tank from that connected to
the vent pipe or the Stage I piping;

(9)	All vapor return piping shall be tagged at the termination point
recording the function of the piping.  In addition, a record of the
installation of the Stage II vapor return piping shall be kept in the
facility;

(10)	Vent piping shall be constructed of materials in accordance with
Subparagraph (3) of this Paragraph;

(11)	All vent pipes shall be a minimum of two inches inside diameter or
meet the local Fire Codes; and

(12)	All vent pipes shall slope toward the underground storage tank with
a grade of at least 1/8 inch per linear foot.

(e)  Compliance Schedule.  Compliance under Paragraph (d) of this Rule
by the affected facility shall coincide with the completion of the tank
installation or repair.  The owner or operator of a facility shall
notify the Director within 60 days after the day the facility has
exceeded the exemptions under Paragraph (b) of this Rule.  Facilities
that lose their exemption under Paragraph (b) of this Rule shall comply
with this Rule within 18 months after the day the owner or operator of
the facility has notified the Director that the facility has exceeded
its exemption under Paragraph (b) of this Rule.

(f)  Testing Requirements.

(1)	Within 30 days after installation of the vapor return piping, the
owner or operator of the facility shall submit reports of the following
tests to be completed as described in EPA-450/3-91-022b:

(A)	Bay Area Source Test Procedure ST-30, Leak Test Procedure, or San
Diego Test Procedure TP-91-1, Pressure Decay/Leak Test Procedure, and

(B)	Bay Area Source Test Procedure ST-27, Dynamic Back Pressure, or San
Diego Test Procedure TP-91-2, Pressure Drop vs Flow/Liquid Blockage Test
Procedure.

(2)	Testing shall be in accordance with Rule .0912 of this Section.

(3)	The owner or operator of the facility shall notify the Regional
Office Supervisor by telephone at least five business days before
back-filling the trenches and at least 10 business days before the tests
given in Subparagraph (1) of this Paragraph are to be performed to allow
inspection by the Division.  The owner or operator may commence
back-filling five days after notification has been given to the
Division.

(4)	The owner or operator of the facility and the test contractor shall
report all test failures to the Regional Office Supervisor within 24
hours of the failure.

(5)	The Director may require the owner or operator of the facility to
perform any of the tests in Subparagraph (1) of this Paragraph if there
are any modifications or repairs.

(6)	Where the Division conducts a test on the vapor control system, it
shall be without compensating the owner or operator of the facility for
any lost revenues incurred due to the testing procedure.

(g)  Referenced documents.  EPA-450/3-91-022b, "Technical Guidance -
Stage II Vapor Recovery Systems for Control of Vehicle Refueling
Emissions at Gasoline Dispensing Facilities, Volume II: Appendices",
November 1991, cited in this Rule is hereby incorporated by reference
and does not include subsequent amendments or editions.  A copy of this
document is available for inspection at the Regional Offices of the
North Carolina Department of Environment and Natural Resources
(Addresses are given in Rule .0103 of this Subchapter).  Copies of this
document may be obtained through the Library Services Office (MD-35),
U.S. Environmental Protection Agency, Research Triangle Park or National
Technical Information Services (NTIS), 5285 Port Royal Road, Springfield
VA 22161.  The NTIS number for this document is PB-92132851, and the
cost is fifty-two dollars ($52.00).

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

Eff. July 1, 1994;

Amended Eff. July 1, 1998; July 1, 1996.

15A NCAC 02D .0954	STAGE II VAPOR RECOVERY

(a)  Applicability. In accordance with Paragraphs (e), (f), or (g) of
Rule .0902 of this Section, this Rule applies to the control of gasoline
vapors at the vehicle fill-pipe during refueling operations at a
facility. The vapors shall be captured and returned to a vapor-tight
underground storage tank or shall be captured and destroyed. These
systems shall be installed at all facilities that dispense gasoline to
motor vehicles unless exempted under Paragraph (b) of this Rule.

(b)  Exemptions. The following gasoline dispensing facilities are exempt
from this Rule based upon the previous two years records:

(1)	any facility which dispenses less than 10,000 gallons of gasoline
per calendar month;

(2)	any facility which dispenses less than 50,000 gallons of gasoline
per calendar month and is an independent small business marketer of
gasoline;

(3)	any facility which dispenses gasoline exclusively for refueling
marine vehicles, aircraft, farm equipment, and emergency vehicles; or

(4)	any tanks used exclusively to test the fuel dispensing meters.

Any facility that ever exceeds the exemptions given in Subparagraphs
(1), (2), (3) or (4) in this Paragraph shall be subject to all of the
provisions of this Rule in accordance with the schedule given in
Subparagraph (f) of this Rule, and shall remain subject to these
provisions even if the facility's later operation meets the exemption
requirements.

(c)  Proof of Eligibility. The burden of proof of eligibility for
exemption from this Rule is on the owner or operator of the facility.
Persons seeking an exemption from this Rule shall maintain the
following:

(1)	chronologically arranged bills of lading for receipt of gasoline
shipments from the last three years, and

(2)	daily inventory of each gasoline type for each day of operation or
equivalent records as required; this shall be maintained for the last
three years.

These records shall be furnished to the Director upon request.

(d)  Definitions. For the purpose of this Rule, the following
definitions apply:

(1)	"CARB" means the California Air Resources Board.

(2)	"Certified STAGE II Vapor Recovery System" means any system
certified by the California Air Resources Board as having a vapor
recovery or removal efficiency of at least 95 percent by weight.

(3)	"Defective equipment" means any absence, disconnection, or
malfunction of a Stage II vapor recovery system component which is
required by this Rule including the following:

(A)	a vapor return line that is crimped, flattened or blocked or that
has any hole or slit that allows vapors to leak out;

(B)	a nozzle bellows that has any hole or tear large enough to allow a
1/4 inch diameter cylindrical rod to pass through it or any slit one
inch or more in length;

(C)	a nozzle face-plate or cone that is torn or missing over 25 percent
of its surface;

(D)	a nozzle with no automatic overfill control mechanism or an
inoperable overfill control mechanism;

(E)	an inoperable or malfunctioning vapor processing unit, vacuum
generating device, pressure or vacuum relief valve, vapor check valve or
any other equipment normally used to dispense gasoline, or that is
required by this Rule; or

(F)	a failure to meet the requirements of Paragraph (g) of this Rule.

(4)	"Facility" means any gasoline service station, gasoline dispensing
facility, or gasoline cargo tanker.

(5)	"ISBM" means independent small business marketer.

(6)	"Independent Small Business Marketer of Gasoline" means a facility
that qualifies under Section 324 of the Federal Clean Air Act.

(7)	"Operator" means any person who leases, operates, controls, or
supervises a facility at which gasoline is dispensed.

(8)	"Owner" means any person who has legal or equitable title to the
gasoline storage tank at a facility.

(9)	"Pressure Balanced Stage II System" means one which is not
vacuum-assisted. That is, the volume of vapor in the automobile's fuel
tank displaced by the incoming liquid gasoline equals the space in the
underground tank created by the gasoline leaving.

(10)	"Remote Vapor Check Valve" means a check valve in the vapor return
line but not located in the nozzle.

(11)	"Stage II Vapor Recovery" means to the control of gasoline vapor at
the vehicle fill-pipe, where the vapors are captured and returned to a
vapor-tight storage tank or are captured and destroyed.

(12)	"Throughput" means the amount of gasoline dispensed at a facility
during any calendar month after June 30, 1994.

(e)  Stage II Requirements. No person shall transfer or permit the
transfer of gasoline into the fuel tank of any motor vehicle at any
applicable facility unless:

(1)	the transfer is made using a Certified Stage II vapor recovery
system that meets the requirements of the inspections;

(2)	all installed Stage II vapor recovery systems use coaxial vapor
recovery hoses; no dual-hose designs shall be used;

(3)	all installed Stage II vapor recovery systems used are certified by
CARB except that the Stage I system need not be CARB certified. In
addition, no Stage II system shall employ a remote vapor check valve.
Pressure balanced Stage II systems may be used; and

(4)	the underground vapor return piping satisfies the requirements of
Rule .0953 of this Subchapter.

In the event that CARB revokes certification of an installed system, the
owner or operator of the facility shall have four years to modify his
equipment to conform with re-certification requirements unless
modifications involve only the replacement of dispenser check valves,
hoses, or nozzles or appurtenances to these components in which case the
allowed time period is three months. This time period is defined as the
period from the day that the owner or operator of the facility has been
officially notified by the Director.

(f)  Compliance Schedule. If the gasoline service station or gasoline
dispensing facility is subject to the requirements of this Rule in
accordance with Paragraphs (e), (f), or (g) of Rule .0902 of this
Section, compliance shall be achieved no later than:

(1)	one year from the date that the Director notices in the North
Carolina Register that an area is in violation of the ambient air
quality standard for ozone, for facilities having any single monthly
throughput of at least 100,000 gallons per month;

(2)	two years from the date that the Director notices in the North
Carolina Register that an area is in violation of the ambient air
quality standard for ozone, for facilities having any single monthly
throughput of greater than 10,000 gallons but less than 100,000 gallons;

(3)	for affected facilities owned by a single ISBM:

(A)	one year from the date that the Director notices in the North
Carolina Register that an area is in violation of the ambient air
quality standard for ozone, for 33 percent of affected facilities;

(B)	two years from the date that the Director notices in the North
Carolina Register that an area is in violation of the ambient air
quality standard for ozone, for 66 percent of the affected facilities;

(C)	three years from the date that the Director notices in the North
Carolina Register that an area is in violation of the ambient air
quality standard for ozone, for the remainder of the affected
facilities;

(4)	18 months after the day the owner or operator of the facility has
been notified by the Director that his exemption under Paragraph (b) of
this Rule has been revoked; or

(5)	before beginning operation for islands constructed after the
Director notices in the North Carolina Register that an area is in
violation of the ambient air quality standard for ozone.

(g)  Testing Requirements

(1)	Within 30 days after the commencement of operation of the Stage II
system and every five years thereafter, the owner or operator of the
facility shall submit reports of the following tests as described in
EPA-450/3-91-022b:

(A)	Bay Area Source Test Procedure ST-30, Leak Test Procedure, or San
Diego Test Procedure TP-91-1, Pressure Decay/Leak Test Procedure every
five years;

(B)	Bay Area Source Test Procedure ST-27, Dynamic Back Pressure, or San
Diego Test Procedure TP-91-2, Pressure Drop vs Flow/Liquid Blockage Test
Procedure every five years; and

(C)	Bay Area Source Test Procedure ST-37, Liquid Removal Devices every
five years.

If the tests have been performed within the last two years the owner or
operator may submit a copy of those tests in lieu of retesting. Testing
shall be in accordance with Rule .0912 of this Section.

(2)	The owner or operator shall perform daily testing and inspections as
follows:

(A)	daily tests to ensure proper functioning of nozzle automatic
overfill control mechanisms and flow prohibiting mechanisms, and

(B)	daily visual inspection of the nozzle bellows and face-plate.

(3)	The owner or operator of the facility and the test contractor shall
report all test failures to the Regional Office Supervisor within 24
hours of the failure.

(4)	The Director may require the owner or operator of the facility to
perform any of the tests in Subparagraph (1) of this Paragraph if there
are any modifications or repairs.

(5)	Where the Division of Air Quality conducts tests or upon requirement
from the Director to test the vapor control system it shall be without
compensating the owner or operator of the facility for any lost revenues
incurred due to the testing procedure.

(h)  Operating Instructions and Posting

(1)	The owner or operator of the facility shall post operating
instructions for the vapor recovery system on the top one-third of the
front of each gasoline dispenser to include the following:

(A)	a clear description of how to correctly dispense gasoline with the
vapor recovery nozzles,

(B)	a warning that repeated attempts to continue dispensing gasoline,
after the system has indicated that the vehicle fuel tank is full (by
automatically shutting off), may result in spillage or recirculation of
gasoline,

(C)	a telephone number to report problems experienced with the vapor
recovery system to the owner or operator of the facility, and

(D)	a telephone number to report problems experienced with the vapor
recovery system to the Director.

(2)	The owner or operator shall provide written instructions on site as
detailed in EPA-450/3-91-022b to insure that employees of the facility
have an accurate understanding of the operation of the system and, in
particular, when the system is malfunctioning and requires repair.

(i)  Other General Requirements. The owner or operator of the facility
shall conspicuously post "Out of Order" signs on any nozzle associated
with any aboveground part of the vapor recovery system which is
defective until the system has been repaired to bring it back into
compliance with this Rule.

(j)  Record-keeping and Reporting. Owners or operators of the facility
shall maintain records in accordance with Rule .0903 of this Section on
compliance and testing.

(k)  Referenced document. EPA-450/3-91-022b, "Technical Guidance - Stage
II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at
Gasoline Dispensing Facilities, Volume II: Appendices", November 1991,
cited in this Rule is hereby incorporated by reference and does not
include subsequent amendments or editions. A copy of this document is
available for inspection at the Regional Offices of the North Carolina
Department of Environment and Natural Resources (addresses are given in
Rule .0103 of this Subchapter). Copies of this document may be obtained
through the Library Services Office (MD-35), U. S. Environmental
Protection Agency, Research Triangle Park or National Technical
Information Services, 5285 Port Royal Road, Springfield VA 22161. The
NTIS number for this document is PB-92132851 and the cost is fifty-two
dollars ($52.00).

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

Eff. May 1, 1995;

Amended Eff. April 1, 2003; April 1, 1997; July 1, 1996; April 1, 1996;
May 1, 1995.

15A NCAC 02D .0955	THREAD BONDING MANUFACTURING

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

(1)	"Capture hoods" means any device designed to remove emissions from
the solution bath tray areas during the manufacturing process.

(2)	"Curing" means exposing coated threads to high temperatures in an
oven until the nylon solution mixture hardens (vaporizing the solvents)
and bonds to the threads.

(3)	"Day tanks" means holding tanks that contain nylon solution mixture
ready for use.

(4)	"Drying ovens" means any apparatus through which the coated threads
are conveyed while curing.

(5)	"Enclose" means to construct an area within the plant that has a
separate ventilation system and is maintained at a slightly negative
pressure.

(6)	"Fugitive emissions" means emissions that cannot be collected and
routed to a control system.

(7)	"Nylon thread coating process" means a process in which threads are
coated with a nylon solution and oven cured.

(8)	"Permanent label" means a label that cannot be easily removed or
defaced.

(9)	"Polyester solution mixture" means a mixture of polyester and
solvents which is used for thread coating.

(10)	"Storing" means reserving material supply for future use.

(11)	"Thread bonding manufacturing" means coating single or multi-strand
threads with plastic (nylon or polyester solution mixture) to impart
properties such as additional strength and durability, water resistance,
and moth repellency.

(12)	"Transporting" means moving material supply from one place to
another.

(b)  This Rule applies in accordance with Rule .0902 of this Section to
any thread bonding manufacturing facility with total uncontrolled
exhaust emissions from nylon thread coating process collection hoods and
drying ovens of volatile organic compounds (VOC) equal to or greater
than 100 tons per year.

(c)  Annual VOC emissions from each nylon thread coating process shall
be determined by multiplying the hourly amount of VOC consumed by the
total scheduled operating hours per year.

(d)  Emissions from each nylon thread coating process subject to this
Rule shall be reduced:

(1)	by at least 95 percent by weight, or

(2)	by installing a thermal incinerator with a temperature of at least
1600(F and a residence time of at least 0.75 seconds.

(e)  The owner or operator of any thread bonding manufacturing facility
shall:

(1)	enclose the nylon thread coating process area of the plant to
prevent fugitive emissions from entering other plant areas;

(2)	store all VOC containing materials in covered tanks or containers;

(3)	ensure that equipment used for transporting or storing VOC
containing material does not leak and that all lids and seals used by
such equipment are kept in the closed position at all times except when
in actual use;

(4)	not cause or allow VOC containing material to be splashed, spilled,
or discarded in sewers;

(5)	hold only enough nylon solution mixture in the day tanks to
accommodate daily process times measured in hours; and

(6)	place permanent and conspicuous labels on all equipment affected by
Subparagraphs (3) through (5) of this Paragraph summarizing handling
procedures described in Subparagraphs (3) through (5) of this Paragraph
for VOC contaminated materials at the nylon thread coating process.

(f)  The owner or operator of a thread bonding manufacturing facility
shall notify the Director within 30 days after the calculated annual
emissions of VOC from nylon thread coating processes equal or exceed 100
tons per year.  The owner or operator shall submit within six months
after such calculation a permit application including a schedule to
bring the facility into compliance with this Rule.

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

Eff. May 1, 1995.

15A NCAC 02D .0956	GLASS CHRISTMAS ORNAMENT MANUFACTURING

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

(1)	"Coating" means the application of a layer of material, either by
dipping or spraying, in a relatively unbroken film onto glass Christmas
ornaments.

(2)	"Curing ovens" means any apparatus through which the coated glass
Christmas ornaments are conveyed while drying.

(3)	"Glass Christmas ornament" means any glass ornament that is coated
with decorative exterior and is traditionally hung on Christmas trees.

(4)	"Glass Christmas ornament manufacturing facility" means a facility
that coats glass Christmas ornaments through the process of interior
coating or exterior coating that uses either mechanical or hand-dipping
methods, drying (curing), cutting, and packaging operations.

(5)	"Mechanical coating lines" means equipment that facilitates
mechanized dipping or spraying of a coating onto glass Christmas
ornaments in which the neck of each ornament is held mechanically during
the coating operation.

(6)	"Solvent-borne coating" means a coating that uses organic solvents
as an ingredient.

(b)  This Rule applies in accordance with Rule .0902 of this Section to
any curing ovens servicing the mechanical coating lines in the coating
of glass Christmas ornaments at glass Christmas tree ornament
manufacturing facilities with potential volatile organic compound (VOC)
emissions of 100 tons per year or more.

(c)  This Rule does not apply to glass Christmas ornament manufacturing
facilities that do not use solvent-borne coating materials.

(d)  Emissions of VOC from each curing oven shall be reduced by at least
90 percent by weight.

(e)  If the owner or operator of a facility subject to this Rule chooses
to use low VOC content, solvent-borne coatings to reduce emissions, the
emission reduction from the use of these coatings shall be equivalent to
that achieved using add-on controls.

(f)  The owner or operator of a Christmas tree ornament manufacturing
facility shall notify the Director within 30 days after the calculated
annual emissions of VOC from the facility equal or exceed 100 tons per
year.  The owner or operator shall submit within six months after such
calculation a permit application including a schedule to bring the
facility into compliance with this Rule.

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

Eff. May 1, 1995.

15A NCAC 02D .0957	COMMERCIAL BAKERIES

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

(1)	"Baking Oven" means an oven used at any time for the purpose of
baking yeast-leavened products, including bread and rolls.

(2)	"Commercial Bakery" means an establishment where bread and baked
goods are produced.

(b)  This Rule applies in accordance with Rule .0902 of this Section to
any baking oven at a commercial bakery with potential volatile organic
compound (VOC) emissions of 100 tons per year or more.  Daily volatile
organic compound emissions shall be determined according to the
calculation procedures in Paragraph (d) of this Rule.

(c)  Emissions of VOC from baking ovens subject to this Rule shall be
reduced by at least:

(1)	90 percent by weight, or

(2)	60 percent by weight, if biofiltration is used.

(d)  Daily volatile organic compound emissions from each commercial
baking oven shall be determined according to the following: EtOH =
0.40425 + 0.444585[(Y x T) + (S x t)], where:

(1)	EtOH = pounds ethanol per ton of baked bread;

(2)	Y = baker's percent yeast in sponge to the nearest tenth of a
percent;

(3)	T = total time of fermentation in hours to the nearest tenth of an
hour;

(4)	S = baker's percent of yeast added to dough to the nearest tenth of
a percent;

(5)	t = proof time + floor time in hours to the nearest tenth of an
hour.

(e)  The owner or operator of a commercial bakery shall notify the
Director within 30 days after the calculated emissions of VOC from the
bakery equal or exceed 100 tons per year.  The owner or operator shall
submit within six months after such calculation a permit application
including a schedule to bring the facility into compliance with this
Rule.

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

Eff. May 1, 1995.

15A NCAC 2D .0958	WORK PRACTICES FOR SOURCES OF VOLATILE ORGANIC
COMPOUNDS

(a)  This Rule applies to all facilities that use volatile organic
compounds as solvents, carriers, material processing media, or
industrial chemical reactants, or in other similar uses, or that mix,
blend, or manufacture volatile organic compounds, or emit volatile
organic compounds as a product of chemical reactions.

(b)  This Rule does not apply to:

(1)	architectural or maintenance coating, or

(2)	sources subject to 40 CFR Part 63, Subpart JJ.

(c)  The owner or operator of any facility subject to this Rule shall:

(1)	store all material, including waste material, containing volatile
organic compounds in containers covered with a tightly fitting lid that
is free of cracks, holes, or other defects, when not in use,

(2)	clean up spills as soon as possible following proper safety
procedures,

(3)	store wipe rags in closed containers,

(4)	not clean sponges, fabric, wood, paper products, and other absorbent
materials,

(5)	drain solvents used to clean supply lines and other coating
equipment into closable containers and close containers immediately
after each use,

(6)	clean mixing, blending, and manufacturing vats and containers by
adding cleaning solvent, closing the vat or container before agitating
the cleaning solvent. The spent cleaning solvent shall then be poured
into a closed container.

(d)  When cleaning parts, the owner or operator of any facility subject
to this Rule shall:

(1)	flush parts in the freeboard area,

(2)	take precautions to reduce the pooling of solvent on and in the
parts,

(3)	tilt or rotate parts to drain solvent and allow a minimum of 15
seconds for drying or until all dripping has stopped, whichever is
longer,

(4)	not fill cleaning machines above the fill line,

(5)	not agitate solvent to the point of causing splashing.

(e)  The owner or operator of a source on which a control device has
been installed to comply with 15A NCAC 2D .0518(d) shall continue to
maintain and operate the control device unless the Director determines
that the removal of the control device shall not cause or contribute to
a violation of the ozone ambient air quality standard (15A NCAC 2D
.0405).

(f)  The owner or operator of a source that has complied with 15A NCAC
2D .0518 by complying with a Rule in this Section, shall continue to
comply with that rule unless the Director determines that if the source
ceases to comply with that rule, it shall not cause or contribute to a
violation of the ozone ambient air quality standard (15A NCAC .0405).

(g)  All sources at a facility subject to this Rule shall be permitted
unless they are exempted from permitting by 15A NCAC 2Q .0102,
Activities Exempted From Permit Requirements.

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

Eff. July 1, 2000.

15a ncac 02d .0959	PETITION FOR SUPERIOR ALTERNATIVE CONTROLS

(a)  This Rule applies to all sources covered under this Section.

(b)  If the owner or operator of any source of volatile organic
compounds subject to the requirements of this Section, can demonstrate
that an alternative operational or equipment control is superior to the
required control, he may petition the Director to allow the use of
alternative operational or equipment controls for the reduction of
volatile organic compound emissions. The petition shall be made for each
source to the Director.

(c)  The petition shall contain:

(1)	the name and address of the company and the name and telephone
number of a company officer over whose signature the petition is
submitted;

(2)	a description of all operations conducted at the location to which
the petition applies and the purpose that the volatile organic compound
emitting equipment serves within the operations;

(3)	reference to the specific operational and equipment controls under
the rules of this Section for which alternative operational or equipment
controls are proposed;

(4)	a detailed description of the proposed alternative operational or
equipment controls, the magnitude of volatile organic compound emission
reduction that will be achieved, and the quantity and composition of
volatile organic compounds that will be emitted if the alternative
operational or equipment controls are instituted; and

(5)	certification that emissions of all other air contaminants from the
subject source are in compliance with all applicable local, state and
federal laws and regulations.

The petition may include a copy of the permit application and need not
duplicate information in the permit application.

(d)  The Director shall approve a petition for alternative control if:

(1)	The petition is submitted in accordance with Paragraph (c) of this
Rule;

(2)	The Director determines that the proposed alternative operational or
equipment control is superior to the required controls;

(3)	All other air contaminant emissions from the facility are in
compliance with, or under a schedule for compliance as expeditiously as
practicable with, all applicable local, state, and federal regulations;
and

(4)	The petition contains a schedule for achieving and maintaining
reduction of volatile organic compound emissions to the maximum extent
feasible and as expeditiously as practicable.

(e)  When controls different from those specified in the appropriate
emission standards in this Section are approved by the Director, the
permit shall contain a condition stating such controls.

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

Eff. April 1, 2003.

15a ncac 02d .0960	CERTIFICATION OF LEAK TIGHTNESS TESTER

(a)  Purpose. The purpose of this Rule is to establish procedures for
certifying facilities to perform leak tightness tests on truck tanks as
defined under Rule .0932 of this Section.

(b)  Certification request. To request certification to perform leak
tightness testing on truck tanks for the purposes of complying with Rule
.0932 of this Section, a facility shall submit to the Director the
following information:

(1)	the name and address of the facility requesting certification,
including the primary contact and telephone number; and

(2)	the federal (tank cargo) number.

(c)  Approval. The Director shall certify a facility requesting
certification to perform leak tightness testing if he finds that:

(1)	All the information required under Paragraph (b) of this Rule has
been submitted;

(2)	The Division has observed the facility conducting one or more leak
tightness tests and finds that:

(A)	The facility has the equipment necessary to perform Method 27 of 40
CFR Part 60, Subpart A; and

(B)	The facility has the skills necessary to perform Method 27 of 40 CFR
Part 60, Subpart A correctly;

(d)  Expiration. A certification to perform leak tightness testing under
this Rule shall expire one year from the date of its issuance.

(e)  Renewal. To have a certification renewed, the certified facility
shall submit to the Director a request to have the certification
renewed. Within 30 days after receipt of the request, the Division shall
observe the certified facility conducting one or more leak tightness
tests. If the Director finds that:

(1)	The certified facility has the equipment necessary to perform Method
27 of 40 CFR Part 60, Subpart A; and

(2)	The certified facility has the skills necessary to perform Method 27
of 40 CFR Part 60, Subpart A correctly,

he shall renew the certification. If the certified facility submits a
request for renewal after the expiration of the last certification, the
Director shall reject the renewal request, and the facility shall
request a new certification under Paragraph (b) of this Rule.

(f)  Interim certification. If the Division is unable to observe the
performance of leak tightness testing required under Paragraphs (c) or
(e) of this Rule, the Director shall issue an interim certification for
up to 90 days to allow the certified facility to perform leak tightness
tests. An interim certification shall not be renewed.

(g)  Revocation of Certification. If the Director finds that a certified
facility is not performing Method 27 of 40 CFR Part 60, Subpart A
correctly or that the certified facility is certifying tanks as leak
tight that have not passed the leak tightness test, the Director shall
revoke the facility's certification or interim certification.

(h)  Stickers. The Division shall provide serialized stickers at no
cost, or the facility may choose to provide the stickers. If the
facility provides the stickers, the stickers shall contain the same
information that is on the stickers provided by the Division and shall
have the same dimensions and a sample sticker shall accompany the
application for certification. Once a facility is certified under this
Rule to perform leak tightness tests, stickers are to be:

(1)	affixed to tanks that have passed the test under Rule .0932 of this
Section; and

(2)	placed near the Department of Transportation Certification (DOT, 49
CFR 178.340-10b).

The certified facility performing the test shall maintain a log matching
sticker serial numbers and tank identification numbers. The certified
facility shall send this log to the Director monthly.

(i)  Certification report. The certified facility performing the test
shall give a copy of the certification report to the truck tank owner
and shall retain a copy of the certification report. The certification
report shall contain the following information:

(1)	name, address, and telephone number of certified facility performing
the test;

(2)	name and signature of the individual actually performing the test;

(3)	name and address of the owner of the tank;

(4)	serial number of the sticker and identification number of the tank;

(5)	the date that the sticker is issued and the date that the sticker
expires, which shall be one year after the issuance date;

(6)	the pressure drops measured and vacuum drops measured; and

(7)	list or description of problems with tank (if none are found, the
report shall state that none were found).

(j)  Record retention. The certified facility performing the test and
the owner of the truck tank shall keep the certification report for at
least two years. Certification reports shall be made available to the
Division upon request.

(k)  Verification of leak tightness. The Division may use Method 21 to
verify the leak tightness of a tank.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (13);

Eff. April 1, 2003;

Amended Eff. July 1, 2007.

SECTION .1100 - CONTROL OF TOXIC AIR POLLUTANTS

15A NCAC 02D .1101	PURPOSE

This Section sets forth the rules for the control of toxic air
pollutants to protect human health.

History Note:	Authority G.S. 143-215.3(a)(1);
143-215.107(a)(1),(3),(4),(5); 143B-282; S.L. 1989, c. 168, s. 45;

Eff. May 1, 1990.

15A NCAC 02D .1102	APPLICABILITY

(a)  The toxic air pollutant rules in this Section apply to all
facilities that emit a toxic air pollutant that are required to have a
permit under 15A NCAC 2Q .0700.

(b)  Sources at facilities subject to this Section shall comply with the
requirements of this Section as well as with any applicable requirements
in Sections .0500, .0900, and .1200 of this Subchapter.

History Note:	Authority G.S. 143-215.3(a)(1);
143-215.107(a)(1),(3),(4),(5); 143B-282; S.L. 1989, c. 168, s. 45;

Eff. May 1, 1990;

Amended Eff. July 1, 1998; December 1, 1991.

15A NCAC 02d .1103	DEFINITION

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

(1)	"Asbestos" means asbestos fibers as defined in 40 CFR 61.141.

(2)	"Bioavailable chromate pigments" means the group of chromium (VI)
compounds consisting of calcium chromate (CAS No.13765-19-0), calcium
dichromate (CAS No. 14307-33-6), strontium chromate (CAS No. 7789-06-2),
strontium dichromate (CAS No. 7789-06-2), zinc chromate (CAS No.
13530-65-9), and zinc dichromate (CAS No. 7789-12-0).

(3)	"CAS Number" means the Chemical Abstract Service registry number
identifying a particular substance.

(4)	"Chromium (VI) equivalent" means the molecular weight ratio of the
chromium (VI) portion of a compound to the total molecular weight of the
compound multiplied by the associated compound emission rate or
concentration at the facility.

(5)	"Non-specific chromium (VI) compounds" means the group of compounds
consisting of any chromium (VI) compounds not specified in this Section
as a bioavailable chromate pigment or a soluble chromate compound.

(6)	"Cresol" means o-cresol, p-cresol, m-cresol or any combination of
these compounds.

(7)	"GACT" means any generally available control technology emission
standard applied to an area source or facility pursuant to Section 112
of the federal Clean Air Act.

(8)	"Hexane isomers except n-hexane" means 2-methyl pentane, 3-methyl
pentane, 2,2-dimethyl butane, 2,3-dimethyl butane, or any combination of
these compounds.

(9)	"MACT" means any maximum achievable control technology emission
standard applied to a source or facility pursuant to Section 112 of the
federal Clean Air Act.

(10)	"Nickel, soluble compounds" means the soluble nickel salts of
chloride (NiCl2, CAS No. 7718-54-9), sulfate (NiSO4, CAS No. 7786-81-4),
and nitrate (Ni(NO3)2, CAS No. 13138-45-9).

(11)	"Polychlorinated biphenyls" means any chlorinated biphenyl compound
or mixture of chlorinated biphenyl compounds.

(12)	"Soluble chromate compounds" means the group of chromium (VI)
compounds consisting of ammonium chromate (CAS No. 7788-98-9), ammonium
dichromate (CAS No. 7789-09-5), chromic acid (CAS No. 7738-94-5),
potassium chromate (CAS No. 7789-00-6), potassium dichromate (CAS No.
7778-50-9), sodium chromate (CAS No. 7775-11-3), and sodium dichromate
(CAS No. 10588-01-9).

(13)	"Toxic air pollutant" means any of those carcinogens, chronic
toxicants, acute systemic toxicants, or acute irritants listed in Rule
.1104 of this Section.

History Note:	Authority G.S. 143-213; 143-215.3(a)(1); 143B-282; S.L.
1989, c. 168, s. 45;

Eff. May 1, 1990;

Amended Eff. April 1, 2001; July 1, 1998.

15A NCAC 02D .1104	TOXIC AIR POLLUTANT GUIDELINES

A facility shall not emit any of the following toxic air pollutants in
such quantities that may cause or contribute beyond the premises
(adjacent property boundary) to any significant ambient air
concentration that may adversely affect human health. In determining
these significant ambient air concentrations, the Division shall be
guided by the following list of acceptable ambient levels in milligrams
per cubic meter at 77( F (25( C) and 29.92 inches (760 mm) of mercury
pressure (except for asbestos):

Pollutant (CAS Number)

Annual (Carcinogens)

24-hour

(Chronic Toxicants)

1-hour

(Acute Systemic Toxicants)

1-hour

(Acute Irritants)

  acetaldehyde (75-07-0)

27

  acetic acid (64-19-7)

3.7

  acrolein (107-02-8)

0.08

  acrylonitrile (107-13-1)	1.5 x 10-4

	  ammonia (7664-41-7)

2.7

  aniline (62-53-3)

	1

	  arsenic and inorganic arsenic      compounds	2.3 x 10-7

	  asbestos (1332-21-4)	2.8 x 10-11 fibers/ml

	  aziridine (151-56-4)

0.006

  benzene (71-43-2)	1.2 x 10-4

	  benzidine and salts (92-87-5)	1.5 x 10-8

	  benzo(a)pyrene (50-32-8)	3.3 x 10-5

	  benzyl chloride (100-44-7)

	0.5

	  beryllium (7440-41-7)	4.1 x 10-6

	  beryllium chloride  (7787-47-5)	4.1 x 10-6

	  beryllium fluoride  (7787-49-7)	4.1 x 10-6

	  beryllium nitrate  (13597-99-4)	4.1 x 10-6

	  bioavailable chromate pigments, as chromium (VI) equivalent	8.3 x
10-8

	  bis-chloromethyl ether (542-88-1)	3.7 x 10-7

	  bromine (7726-95-6)

0.2

  1,3-butadiene (106-99-0)	4.4 x 10-4

	  cadmium (7440-43-9)	5.5 x 10-6

	  cadmium acetate  (543-90-8)	5.5 x 10-6

	  cadmium bromide  (7789-42-6)	5.5 x 10-6

	  carbon disulfide (75-15-0)

0.186

  carbon tetrachloride (56-23-5)	6.7 x 10-3

	  chlorine (7782-50-5)

0.0375

0.9

  chlorobenzene (108-90-7)

2.2

  chloroform (67-66-3)	4.3 x 10-3

	  chloroprene (126-99-8)

0.44	3.5

	  cresol (1319-77-3)

	2.2

	  p-dichlorobenzene  (106-46-7)

66

  dichlorodifluoromethane   (75-71-8)

248

  dichlorofluoromethane  (75-43-4)

0.5

  di(2-ethylhexyl)phthalate  (117-81-7)

0.03

  dimethyl sulfate (77-78-1)

0.003

  1,4-dioxane (123-91-1)

0.56

  epichlorohydrin (106-89-8)	8.3 x 10-2

	  ethyl acetate (141-78-6)

	140

	  ethylenediamine (107-15-3)

0.3	2.5

	  ethylene dibromide  (106-93-4)	4.0 x 10-4

	  ethylene dichloride  (107-06-2)	3.8 x 10-3

	  ethylene glycol monoethyl ether (110-80-5)

0.12	1.9

	  ethylene oxide (75-21-8)	2.7 x 10-5

	  ethyl mercaptan (75-08-1)

	0.1

	  fluorides

0.016	0.25

	  formaldehyde (50-00-0)

0.15

   hexachlorocyclopentadiene (77-47-4)

0.0006	0.01

	  hexachlorodibenzo-p-dioxin (57653-85-7)	7.6 x 10-8

	  n-hexane (110-54-3)

1.1

  hexane isomers except n-hexane

360

  hydrazine (302-01-2)

0.0006

  hydrogen chloride  (7647-01-0)

0.7

  hydrogen cyanide (74-90-8)

0.14	1.1

	  hydrogen fluoride  (7664-39-3)

0.03

0.25

  hydrogen sulfide  (7783-06-4)

0.12

  maleic anhydride  (108-31-6)

0.012	0.1

	  manganese and compounds

0.031

  manganese cyclopentadienyl tricarbonyl (12079-65-1)

0.0006

  manganese tetroxide (1317-35-7)

0.0062

  mercury, alkyl

0.00006

  mercury, aryl and inorganic               compounds

0.0006

  mercury, vapor (7439-97-6)

0.0006

  methyl chloroform (71-55-6)

12

245

  methylene chloride (75-09-2)	2.4 x 10-2

1.7

	  methyl ethyl ketone  (78-93-3)

3.7

88.5

  methyl isobutyl ketone  (108-10-1)

2.56

30

  methyl mercaptan (74-93-1)

	0.05

	  nickel carbonyl  (13463-39-3)

0.0006

  nickel metal (7440-02-0)

0.006

  nickel, soluble compounds, as nickel

0.0006

  nickel subsulfide  (12035-72-2)	2.1 x 10-6

	  nitric acid (7697-37-2)

1

  nitrobenzene (98-95-3)

0.06	0.5

	   n-nitrosodimethylamine  (62-75-9)	5.0 x 10-5

	  non-specific chromium (VI) compounds, as chromium (VI) equivalent	8.3
x 10-8

	  pentachlorophenol  (87-86-5)

0.003	0.025

	  perchloroethylene (127-18-4)	1.9 x 10-1

	  phenol (108-95-2)

	0.95

	  phosgene (75-44-5)

0.0025

  phosphine (7803-51-2)

0.13

  polychlorinated biphenyls (1336-36-3)	8.3 x 10-5

	  soluble chromate compounds, as chromium (VI) equivalent

6.2 x 10-4

  styrene (100-42-5)

	10.6

	  sulfuric acid (7664-93-9)

0.012	0.1

	  tetrachlorodibenzo-p-dioxin (1746-01-6)	3.0 x 10-9

	  1,1,1,2-tetrachloro-2,2,- difluoroethane (76-11-9)

52

  1,1,2,2-tetrachloro-1,2- difluoroethane (76-12-0)

52

  1,1,2,2-tetrachloroethane  (79-34-5)	6.3 x 10-3

	  toluene (108-88-3)

4.7

56

  toluene diisocyanate, 2,4- (584-84-9) and 2,6- (91-08-7) isomers

0.0002

  trichloroethylene (79-01-6)	5.9 x 10-2

	  trichlorofluoromethane  (75-69-4)

	560

	  1,1,2-trichloro-1,2,2- trifluoroethane (76-13-1)

950

  vinyl chloride (75-01-4)	3.8 x 10-4

	  vinylidene chloride (75-35-4)

0.12

  xylene (1330-20-7)

2.7

65

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(4),(5);
143B-282; S.L. 1989, c. 168, s. 45;

Eff. May 1, 1990;

Amended Eff. September 1, 1992; March 1, 1992;

Temporary Amendment Eff. July 20, 1997;

Amended Eff. June 1, 2008; April 1, 2005; April 1, 2001; July 1, 1998.

15A NCAC 02D .1105	FACILITY REPORTING, RECORDKEEPING

The Director may require, according to Section .0600 of this Subchapter,
the owner or operator of a source subject to this Section to monitor
emissions of toxic air pollutants, to maintain records of these
emissions, and to report these emissions.  The owner or operator of any
toxic air pollutant emission source subject to the requirements of this
Section shall comply with the monitoring, recordkeeping, and reporting
requirements in Section .0600 of this Subchapter.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5);
143B-282;

Eff. May 1, 1990;

Amended Eff. April 1, 1999; October 1, 1991.

15A NCAC 02D .1106	DETERMINATION OF AMBIENT AIR CONCENTRATION

(a)  Modeling shall not be used for enforcement.  Modeling shall be used
to determine process operational and air pollution control parameters
and emission rates for toxic air pollutants to place in the air quality
permit for that facility that will prevent any of the acceptable ambient
levels in Rule .1104 of this Section from being exceeded, with such
exceptions as may be allowed under 15A NCAC 2Q .0700.  Enforcing these
permit stipulations and conditions shall be the mechanism used to ensure
that the requirements of Rule .1104 of this Section, with such
exceptions as may be allowed by 15A NCAC 2Q .0700, are met.

(b)  The owner or operator of the facility may request the Division to
perform a modeling analysis of the facility or provide the analysis
himself.  If the owner or operator of the facility requests the Division
to perform the modeling analysis, he shall provide emissions rates,
stack parameters, and other information that the Division needs to do
the modeling.  The data that the owner or operator of the facility
provides the Division to use in the model or in deriving the data used
in the model shall be the process, operational and air pollution control
equipment parameters and emission rates that will be contained in the
facility=s permit.  If the Division=s initial review of the modeling
request indicates extensive or inappropriate use of state resources or
if the Division=s modeling analysis fails to show compliance with the
acceptable ambient levels in Rule .1104 of this Section, the modeling
demonstration becomes the responsibility of the owner or operator of the
facility.

(c)  When the owner or operator of the facility is responsible for
providing the modeling demonstration and the data used in the modeling,
the owner or operator of the facility shall use in the model or in
deriving data used in the model the process operational and air
pollution control equipment parameters and emission rates that will be
contained in his permit.  Sources that are not required to be included
in the model will not be included in the permit to emit toxic air
pollutants.

(d)  For the following pollutants, modeled emission rates shall be based
on the highest emissions occurring in any single 15 minute period.  The
resultant modeled 1-hour concentrations shall then be compared to the
applicable 1-hour acceptable ambient levels to determine compliance.
These pollutants are:

(1)	acetaldehyde (75-07-0)

(2)	acetic acid (64-19-7)

(3)	acrolein (107-02-8)

(4)	ammonia (7664-41-7)

(5)	bromine (7726-95-6)

(6)	chlorine (7782-50-5)

(7)	formaldehyde (50-00-0)

(8)	hydrogen chloride (7647-01-0)

(9)	hydrogen fluoride (7664-39-3)

(10)	nitric acid (7697-37-2)

(e)  The owner or operator of the facility and the Division may use any
model allowed by 40 CFR 51.166(l) provided that the model is appropriate
for the facility being modeled.  The owner or operator or the Division
may use a model other than one allowed by 40 CFR 51.166(l) provided that
the Director determines that the model is equivalent to the model
allowed by 40 CFR 51.166(l).  Regardless of model used, the owner or
operator and the Division shall model for cavity effects and shall
comply with the modeling requirements for stack height set out in Rule
.0533 of this Subchapter.

(f)  Ambient air concentrations are to be evaluated for annual periods
over a calendar year, for 24-hour periods from midnight to midnight, and
for one-hour periods beginning on the hour.

(g)  The owner or operator of the facility shall identify each toxic air
pollutant emitted and its corresponding emission rate using mass
balancing analysis, source testing, or other methods that the Director
may approve as providing an equivalently accurate estimate of the
emission rate.

(h)  The owner or operator of the facility shall submit a modeling plan
to the Director and shall have received approval of that plan from the
before submitting a modeling demonstration to the Director.  The
modeling plan shall include:

(1)	a diagram of the plant site, including locations of all stacks and
associated buildings;

(2)	on-site building dimensions;

(3)	a diagram showing property boundaries, including a scale, key and
north indicator;

(4)	the location of the site on a United States Geological Survey (USGS)
map;

(5)	discussion of good engineering stack height and building wake
effects for each stack;

(6)	discussion of cavity calculations, impact on rolling and complex
terrain, building wake effects, and urban/rural considerations;

(7)	discussion of reasons for model selection;

(8)	discussion of meteorological data to be used;

(9)	discussion of sources emitting the pollutant that are not to be
included in the model with an explanation of why they are being excluded
(i.e. why the source will not affect the modeling analysis); and

(10)	any other pertinent information.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(5);
143B-282; S.L. 1989, c. 168, s. 45;

Eff. May 1, 1990;

Amended Eff. July 1, 1998.

15A NCAC 02D .1107	MULTIPLE FACILITIES

(a)  If an acceptable ambient level in Rule .1104 of this Section is
exceeded because of emissions of two or more facilities and if public
exposure is such that the commission has evidence that human health may
be adversely affected, then the Commission shall require the subject
facilities to apply addition controls or to otherwise reduce emissions.
The type of evidence that the Commission shall consider shall include
one or more of the following:

(1)	emission inventory,

(2)	ambient monitoring,

(3)	modeling, or

(4)	epidemiological study.

(b)  The allocation of the additional reductions shall be based on the
relative contributions to the pollutant concentrations unless the owners
or operators agree otherwise.

(c)  The owner or operator of a facility shall not be required to
conduct the multi-facility ambient impact analysis described in
Paragraph (a) of this Rule.  This type of analysis shall be done by the
Division of  Air Quality.  In performing its analysis, the Division
shall:

(1)	develop a modeling plan that includes the elements set out in
Paragraph (f) of Rule .1106 of this Section;

(2)	use for the source modeling parameters, the modeling parameters used
by the owner or operator of the source in his modeling demonstration, or
if a modeling demonstration has not been done or if a needed parameter
has not been used in the modeling demonstration, parameters contained
in, or derived from data contained in, the source's permit;

(3)	use a model allowed by Paragraph (c) of Rule .1106 of this Section;

(4)	model for cavity effects and comply with the modeling requirements
for stack height set out in Rule .0533 of this Section;

(5)	use the time periods required by Paragraph (d) of Rule .1106 of this
Section; and

(6)	only consider impacts of a facility=s emissions beyond the premises
of that facility.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(5);
143B-282;

Eff. May 1, 1990;

Amended Eff. July 1, 1998.

15A NCAC 02D .1108	MULTIPLE POLLUTANTS

If the Commission has evidence that two or more toxic air pollutants
being emitted from a facility or combination of facilities act in the
same way to affect human health so that their effects may be additive or
enhanced and that public exposure is such that human health may be
adversely affected, then the Commission will consider developing
acceptable ambient levels for the combination of toxic air pollutants or
other appropriate control measures.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(5);
143B-282;

Eff. May 1, 1990.

15a ncac 02d .1109	112(j) CASE-BY-CASE MAXIMUM ACHIEVABLE CONTROL
TECHNOLOGY

(a)  Applicability. This Rule applies only to sources of hazardous air
pollutants required to have a permit under 15A NCAC 02Q .0500 and as
described in 40 CFR 63.50.  This Rule does not apply to research or
laboratory activities as defined in Paragraph (b) of this Rule.

(b)  Definitions. For the purposes of this Rule, the definitions in 40
CFR 63.2, 63.51, 15A NCAC 02Q .0526, and the following definitions
apply:

(1)	"Affected source" means the collection of equipment, activities, or
both within a single contiguous area and under common control that is in
a Section 112(c) source category or subcategory that the Administrator
has failed to promulgate an emission standard by the Section 112(j)
deadline, and that is addressed by an applicable MACT emission
limitation established pursuant to 40 CFR Part 63 Subpart B;

(2)	"Control technology" means measures, processes, methods, systems, or
techniques to limit the emission of hazardous air pollutants including
measures that:

(A)	reduce the quantity, or eliminate emissions, of such pollutants
through process changes, substitution of materials, or other
modifications;

(B)	enclose systems or processes to eliminate emissions;

(C)	collect, capture, or treat such pollutants when released from a
process, stack, storage, or fugitive emission point;

(D)	are design, equipment, work practice, or operational standards
(including requirements for operator training or certification) as
provided in 42 USC 7412(h); or

(E)	are a combination of Parts (A) through (D) of this definition.

(3)	"EPA" means the United States Environmental Protection Agency or the
Administrator of U.S. Environmental Protection Agency.

(4)	"Hazardous air pollutant" means any pollutant listed under Section
112(b) of the federal Clean Air Act.

(5)	"MACT" means maximum achievable control technology.

(6)	"Maximum achievable control technology" means:

(A)	for existing sources,

(i)	a MACT standard that EPA has proposed or promulgated for a
particular category of facility or source,

(ii)	the average emission limitation achieved by the best performing 12
percent of the existing facilities or sources for which EPA has
emissions information if the particular category of source contains 30
or more sources, or

(iii)	the average emission limitation achieved by the best performing
five facilities or sources for which EPA has emissions information if
the particular category of source contains fewer than 30 sources, or

(B)	for new sources, the maximum degree of reduction in emissions that
is deemed achievable but not less stringent than the emission control
that is achieved in practice by the best controlled similar source.

(7)	"MACT floor" means:

(A)	for existing sources:

(i)	the average emission limitation achieved by the best performing 12
percent of the existing sources (for which EPA has emissions
information) excluding those sources that have, within 18 months before
the emission standard is proposed or within 30 months before such
standard is promulgated, whichever is later, first achieved a level of
emission rate or emission reduction which complies, or would comply if
the source is not subject to such standard, with the lowest achievable
emission rate (as defined in Section 171 of the federal Clean Air Act)
applicable to the source category or subcategory for categories and
subcategories with 30 or more sources; or

(ii)	the average emission limitation achieved by the best performing
five sources (for which EPA has emissions or could reasonably obtain
emissions information) , in the category or subcategory, for categories
or subcategories with fewer than 30 sources;

(B)	for new sources, the emission limitation achieved in practice by the
best controlled similar source.

(8)	"New affected source" means the collection of equipment, activities,
or both, that constructed after the issuance of a Section 112(j) permit
for the source pursuant to 40 CFR 63.52, is subject to the applicable
MACT emission limitation for new sources.  Each permit shall define the
term "new affected source," that will be the same as the "affected
source" unless a different collection is warranted based on
consideration of factors including:

(A)	Emission reduction impacts of controlling individual sources versus
groups of sources;

(B)	Cost effectiveness of controlling individual equipment;

(C)	Flexibility to accommodate common control strategies;

(D)	Cost/benefits of emissions averaging;

(E)	Incentives for pollution prevention;

(F)	Feasibility and cost of controlling processes that share common
equipment (e.g., product recovery devices); and

(G)	Feasibility and cost of monitoring,.

(9)	"New facility" means a facility for which construction is commenced
after the Section 112(j) deadline, or after proposal of a relevant
standard under Section 112(d) or (h) of the Federal Clean Air Act,
whichever comes first.

(10)	"Research or laboratory activities" means activities whose primary
purpose is to conduct research and development into new processes and
products; where such activities are operated under the supervision of
technically trained personnel and are not engaged in the manufacture of
products for commercial sale in commerce, except in a de minimis manner;
and where the source is not in a source category specifically addressing
research or laboratory activities, that is listed pursuant to Section
112(c)(7) of the Clean Air Act.

(11)	"Section 112(j) deadline" means the date 18 months after the date
for which a relevant standard is scheduled to be promulgated under 40
CFR Part 63, except that for all major sources listed in the source
category schedule for which a relevant standard is scheduled to be
promulgated by November 15, 1994, the Section 112(j) deadline is
November 15, 1996, and for all major sources listed in the source
category schedule for which a relevant standard is scheduled to be
promulgated by November 15, 1997, the Section 112(j) deadline is
December 15, 1999.

(12)	"Similar source" means that equipment or collection of equipment
that, by virtue of its structure, operability, type of emissions and
volume and concentration of emissions, is substantially equivalent to
the new affected source and employs control technology for control of
emissions of hazardous air pollutants that is practical for use on the
new affected source.

(c)  Missed promulgation dates: 112(j). If EPA fails to promulgate a
standard for a category of source under Section 112 of the Federal Clean
Air Act by the date established pursuant to Sections 112(e)(1) or (3) of
the federal Clean Air Act, the owner or operator of any source in such
category shall submit, within 18 months after such date, a permit
application, in accordance with the procedures in 15A NCAC 02Q .0526, to
the Director and to EPA to apply MACT to such sources.  Sources subject
to this Paragraph shall be in compliance with this Rule within three
years from the date that the permit is issued.

(d)  New facilities.  The owner or operator of any new facility that is
a major source of hazardous air pollutants (HAP) that is subject to this
Rule shall apply MACT in accordance with the provisions of Rule .1112 of
this Section, 15A NCAC 02Q .0528, and 02Q .0526(e)(2).

(e)  Case-by-case MACT determination.  The Director shall determine MACT
according to 40 CFR 63.55(a).

(f)  Monitoring and recordkeeping.  The owner or operator of a source
subject to this Rule shall install, operate, and maintain monitoring
capable of detecting deviations from each applicable emission limitation
or other standards with sufficient reliability and timeliness to
determine continuous compliance over the applicable reporting period.
Such monitoring data may be used as a basis for enforcing emissions
limitations established under this Rule.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (10);

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

Eff. July 1, 1994;

Amended Eff. February 1, 2004; July 1, 1998; July 1, 1996.

15A NCAC 02D .1110	NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR
POLLUTANTS

(a)  With the exception of Paragraph (b) of this Rule, sources subject
to national emission standards for hazardous air pollutants promulgated
in 40 CFR Part 61 shall comply with emission standards, monitoring and
reporting requirements, maintenance requirements, notification and
record keeping requirements, performance test requirements, test method
and procedural provisions, and any other provisions, as required
therein, rather than with any otherwise-applicable Rule in Section .0500
of this Subchapter that would be in conflict therewith.

(b)  Along with the notice appearing in the North Carolina Register for
a public hearing to amend this Rule to exclude a standard from this
Rule, the Director shall state whether or not the national emission
standards for hazardous air pollutants promulgated under 40 CFR Part 61,
or part thereof, shall be enforced.  If the Commission does not adopt
the amendment to this Rule to exclude or amend the standard within 12
months after the close of the comment period on the proposed amendment,
the Director shall begin enforcing that standard when 12 months has
elapsed after the end of the comment period on the proposed amendment.

(c)  New sources of volatile organic compounds that are located in an
area designated in 40 CFR 81.334 as nonattainment for ozone or an area
identified in accordance with 15A NCAC 02D .0902 as in violation of the
ambient air quality standard for ozone shall comply with the
requirements of 40 CFR Part 61 that are not excluded by this Rule, as
well as with any applicable requirements in Section .0900 of this
Subchapter.

(d)  All requests, reports, applications, submittals, and other
communications to the administrator required under Paragraph (a) of this
Rule shall be submitted to the Director of the Division of Air Quality
rather than to the Environmental Protection Agency; except that all such
reports, applications, submittals, and other communications to the
administrator required by 40 CFR 61.145 shall be submitted to the
Director, Division of Epidemiology.

(e)  In the application of this Rule, definitions contained in 40 CFR
Part 61 shall apply rather than those of Section .0100 of this
Subchapter.

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

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

Eff. July 1, 1996;

Amended Eff. June 1, 2008; July 1, 1997.

15A NCAC 02D .1111	MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY

(a)  With the exception of Paragraph (b) or (c) of this Rule, sources
subject to national emission standards for hazardous air pollutants for
source categories promulgated in 40 CFR Part 63 shall comply with
emission standards, monitoring and reporting requirements, maintenance
requirements, notification and record keeping requirements, performance
test requirements, test method and procedural provisions, and any other
provisions, as required therein, rather than with any
otherwise-applicable rule in Section .0500 of this Subchapter which
would be in conflict therewith.

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

(1)	approval of state programs and delegation of federal authorities (40
CFR 63.90 to 63.96, Subpart E); and

(2)	requirements for control technology determined for major sources in
accordance with Clean Air Act Sections 112(g) and 112(j) (40 CFR 63.50
to 63.57, Subpart B).

(c)  Along with the notice appearing in the North Carolina Register for
a public hearing to amend this Rule to exclude a standard from this
Rule, the Director shall state whether or not the national emission
standard for hazardous air pollutants for source categories promulgated
under 40 CFR Part 63, or part thereof, shall be enforced.  If the
Commission does not adopt the amendment to this Rule to exclude or amend
the standard within 12 months after the close of the comment period on
the proposed amendment, the Director shall begin enforcing that standard
when 12 months has elapsed after the end of the comment period on the
proposed amendment.

(d)  New sources of volatile organic compounds that are located in an
area designated in 40 CFR 81.334 as nonattainment for ozone or an area
identified in accordance with 15A NCAC 02D .0902 as being in violation
of the ambient air quality standard for ozone shall comply with the
requirements of 40 CFR Part 63 that are not excluded by this Rule as
well as with any applicable requirements in Section .0900 of this
Subchapter.

(e)  All requests, reports, applications, submittals, and other
communications to the administrator required under Paragraph (a) of this
Rule shall be submitted to the Director of the Division of Air Quality
rather than to the Environmental Protection Agency; except that all such
reports, applications, submittals, and other communications to the
administrator required by 40 CFR Part 63, Subpart M for dry cleaners
covered under Chapter 143, Article 21A, Part 6 of the General Statutes
shall be submitted to the Director of the Division of Waste Management.

(f)  In the application of this Rule, definitions contained in 40 CFR
Part 63 shall apply rather than those of Section .0100 of this
Subchapter when conflict exists.

(g)  15A NCAC 02Q .0102 and .0302 are not applicable to any source to
which this Rule applies if the source is required to be permitted under
15A NCAC 02Q .0500, Title V Procedures.  The owner or operator of the
source shall apply for and receive a permit as required in 15A NCAC 02Q
.0300 or .0500.  Sources that have heretofore been exempted from needing
a permit and become subject to requirements promulgated under 40 CFR 63
shall apply for a permit in accordance to 15A NCAC 02Q .0109.

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

Eff. July 1, 1996;

Amended Eff. January 1, 2007; April 1, 1997.

15A NCAC 02D .1112	112(G) CASE BY CASE MAXIMUM ACHIEVABLE CONTROL
TECHNOLOGY

(a)  Applicability. This Rule applies to the construction or
reconstruction of major sources of hazardous air pollutants unless:

(1)	the major source has been specifically regulated or exempted from
regulation under:

(A)	Rule .1109 or .1111 of this Section; or

(B)	a standard issued pursuant to Section 112(d), 112(h), or 112(j) of
the federal Clean Air Act and incorporated in another Subpart of 40 CFR
Part 63; or

(2)	the owner or operator of such major source has received all
necessary air quality permits for such construction or reconstruction
project before July 1, 1998.

(b)  Exclusions. The requirements of this Rule shall not apply to:

(1)	electric utility steam generating units unless and until such time
as these units are added to the source category list pursuant to Section
112(c)(5) of the federal Clean Air Act.

(2)	stationary sources that are within a source category that has been
deleted from the source category list pursuant to Section 112(c)(9) of
the federal Clean Air Act.

(3)	research and development activities.

(c)  Definitions. For the purposes of this Rule, the following
definitions apply:

(1)	"Affected source" means the stationary source or group of stationary
sources that, when fabricated (on site), erected, or installed meets the
definition of "construct a major source" or the definition of
"reconstruct a major source" contained in this Paragraph.

(2)	"Affected States" means all States or local air pollution agencies
whose areas of jurisdiction are:

(A)	contiguous to North Carolina and located less than D=Q/12.5 from the
facility, where:

(i)	Q = emissions of the pollutant emitted at the highest permitted rate
in tons per year, and

(ii)	D = distance from the facility to the contiguous state or local air
pollution control agency in miles; or

(B)	within 50 miles of the permitted facility.

(3)	"Available information" means, for purposes of identifying control
technology options for the affected source, information contained in the
following information sources as of the date of approval of the MACT
determination by the Division:

(A)	a relevant proposed regulation, including all supporting
information;

(B)	background information documents for a draft or proposed regulation;

(C)	data and information available from the Control Technology Center
developed pursuant to Section 113 of the federal Clean Air Act;

(D)	data and information contained in the Aerometric Informational
Retrieval System including information in the MACT data base;

(E)	any additional information that can be expeditiously provided by the
Division and EPA; and

(F)	for the purpose of determinations by the Division, any additional
information provided by the applicant or others, and any additional
information considered available by the Division.

(4)	"Construct a major source" means:

(A)	To fabricate, erect, or install at any greenfield site a stationary
source or group of stationary sources which is located within a
contiguous area and under common control and which emits or has the
potential to emit 10 tons per year of any HAP's or 25 tons per year of
any combination of HAP, or

(B)	To fabricate, erect, or install at any developed site a new process
or production unit which in and of itself emits or has the potential to
emit 10 tons per year of any HAP or 25 tons per year of any combination
of HAP, unless the process or production unit satisfies Subparts (i)
through (vi) of this Paragraph:

(i)	All HAP emitted by the process or production unit that would
otherwise be controlled under the requirements of this Rule will be
controlled by emission control equipment which was previously installed
at the same site as the process or production unit;

(ii)	The Division:

(I)	has determined within a period of five years prior to the
fabrication, erection, or installation of the process or production unit
that the existing emission control equipment represented best available
control technology (BACT) under Rule .0530 of this Subchapter or lowest
achievable emission rate (LAER) under Rule .0531 of this Subchapter for
the category of pollutants which includes those HAP's to be emitted by
the process or production unit; or

(II)	determines that the control of HAP emissions provided by the
existing equipment will be equivalent to that level of control currently
achieved by other well-controlled similar sources (i.e., equivalent to
the level of control that would be provided by a current BACT, LAER, or
MACT determination under Rule .1109 of this Section);

(iii)	The Division determines that the percent control efficiency for
emissions of HAP from all sources to be controlled by the existing
control equipment will be equivalent to the percent control efficiency
provided by the control equipment prior to the inclusion of the new
process or production unit;

(iv)	The Division has provided notice and an opportunity for public
comment concerning its determination that criteria in Subparts (i),
(ii), and (iii) of this Subparagraph apply and concerning the continued
adequacy of any prior LAER, BACT, or MACT determination under Rule .1109
of this Section;

(v)	If any commenter has asserted that a prior LAER, BACT, or MACT
determination under Rule .1109 of this Section determination is no
longer adequate, the Division has determined that the level of control
required by that prior determination remains adequate; and

(vi)	Any emission limitations, work practice requirements, or other
terms and conditions upon which the above determinations by the Division
are predicated will be construed by the Division as applicable
requirements under Section 504(a) of the federal Clean Air Act and
either have been incorporated into an existing permit issued under 15A
NCAC 2Q .0500 for the affected facility or will be incorporated into
such permit upon issuance.

(5)	"Control technology" means measures, processes, methods, systems, or
techniques to limit the emission of hazardous air pollutants including
measures that:

(A)	reduce the quantity of, or eliminate emissions of, such pollutants
through process changes, substitution of materials or other
modifications;

(B)	enclose systems or processes to eliminate emissions;

(C)	collect, capture or treat such pollutants when released from a
process, stack, storage or fugitive emissions point;

(D)	are design, equipment, work practice, or operational standards
(including requirements for operator training or certification) as
provided in 42 U.S.C. 7412(h); or

(E)	are a combination of Parts (A) through (D) of this definition.

(6)	"Electric utility steam generating unit" means any fossil fuel fired
combustion unit of more than 25 megawatts that serves a generator that
produces electricity for sale.  A unit that co-generates steam and
electricity and supplies more than one-third of its potential electric
output capacity and more than 25 megawatts electric output to any
utility power distribution system for sale shall be considered an
electric utility steam generating unit.

(7)	"Greenfield site" means a contiguous area under common control that
is an undeveloped site.

(8)	"HAP" means hazardous air pollutants.

(9)	"Hazardous air pollutant" means any pollutant listed under Section
112(b) of the federal Clean Air Act.

(10)	"List of source categories" means the source category list required
by Section 112(c) of the federal Clean Air Act.

(11)	"MACT" means maximum achievable control technology.

(12)	"Maximum achievable control technology emission limitation for new
sources" means the emission limitation which is not less stringent than
the emission limitation achieved in practice by the best controlled
similar source, and which reflects the maximum degree of reduction in
emissions that the permitting authority, taking into consideration the
cost of achieving such emission reduction, and any non-air quality
health and environmental impacts and energy requirements, determines is
achievable by the constructed or reconstructed major source.

(13)	"Process or production unit" means any collection of structures or
equipment, that processes, assembles, applies, or otherwise uses
material inputs to produce or store an intermediate or final product.  A
single facility may contain more than one process or production unit.

(14)	"Reconstruct a major source" means the replacement of components at
an existing process or production unit that in and of itself emits or
has the potential to emit 10 tons per year of any HAP or 25 tons per
year of any combination of HAP, whenever:

(A)	The fixed capital cost of the new components exceeds 50 percent of
the fixed capital cost that would be required to construct a comparable
process or production unit; and

(B)	It is technically and economically feasible for the reconstructed
major source to meet the applicable maximum achievable control
technology emission limitation for new sources established under this
Subpart.

(15)	"Research and development activities" means activities conducted at
a research or laboratory facility whose primary purpose is to conduct
research and development into new processes and products, where such
source is operated under the close supervision of technically trained
personnel and is not engaged in the manufacture of products for sale or
exchange for commercial profit, except in a de minimis manner.

(16)	"Similar source" means a stationary source or process that has
comparable emissions and is structurally similar in design and capacity
to a constructed or reconstructed major source such that the source
could be controlled using the same control technology.

(d)  Principles of MACT determinations.  The following general
principles shall be used to make a case-by-case MACT determination
concerning construction or reconstruction of a major source under this
Rule:

(1)	The MACT emission limitation or MACT requirements recommended by the
applicant and approved by the Division shall not be less stringent than
the emission control that is achieved in practice by the best controlled
similar source, as determined by the Division.

(2)	Based upon available information, the MACT emission limitation and
control technology (including any requirements under Subparagraph (3) of
this Paragraph) recommended by the applicant and approved by the
Division shall achieve the maximum degree of reduction in emissions of
HAP that can be achieved by utilizing those control technologies that
can be identified from the available information, taking into
consideration the costs of achieving such emission reduction and any
non-air quality health and environmental impacts and energy requirements
associated with the emission reduction.

(3)	The owner or operator  may recommend a specific design, equipment,
work practice, or operational standard, or a combination thereof, and
the Director may approve such a standard if the Division specifically
determines that it is not feasible to prescribe or enforce an emission
limitation under the criteria set forth in Section 112(h)(2) of the
federal Clean Air Act.

(4)	If the EPA has either proposed a relevant emission standard pursuant
to Section 112(d) or 112(h) of the federal Clean Air Act or adopted a
presumptive MACT determination for the source category that includes the
constructed or reconstructed major source, then the MACT requirements
applied to the constructed or reconstructed major source shall have
considered those MACT emission limitations and requirements of the
proposed standard or presumptive MACT determination.

(e)  Effective date of MACT determination. The effective date of a MACT
determination shall be the date of issuance of a permit under procedures
of 15A NCAC 2Q .0300 or .0500 incorporating a MACT determination.

(f)  Compliance date.  On and after the date of start-up, a constructed
or reconstructed major source that is subject to the requirements of
this Rule shall be in compliance with all applicable requirements
specified in the MACT determination.

(g)  Compliance with MACT determinations.   The owner or operator of a
constructed or reconstructed major source that:

(1)	is subject to a MACT determination shall comply with all
requirements set forth in the permit issued under 15A NCAC 2Q .0300 or
.0500, including any MACT emission limitation or MACT work practice
standard, and any notification, operation and maintenance, performance
testing, monitoring, reporting, and recordkeeping requirements; or

(2)	has obtained a MACT determination shall be deemed to be in
compliance with Section 112(g)(2)(B) of the federal Clean Air Act only
to the extent that the constructed or reconstructed major source is in
compliance with all requirements set forth in the permit issued under
15A NCAC 2Q .0300 or .0500.  Any violation of such requirements by the
owner of operator shall be deemed by the Division and by EPA to be a
violation of the prohibition on construction or reconstruction in
Section 112(g)(2)(B) of the federal Clean Air Act for whatever period
the owner or operator is determined to be in violation of such
requirements, and shall subject the owner or operator to appropriate
enforcement action under the General Statutes and the federal Clean Air
Act.

(h)  Requirements for constructed or reconstructed major sources subject
to a subsequently promulgated MACT standard or MACT requirement. If EPA
promulgates an emission standard under Section 112(d) or 112(h) of the
federal Clean Air Act or the Division issues a determination under Rule
.1109 of this Section that is applicable to a stationary source or group
of sources that would be deemed to be a constructed or reconstructed
major source under this Rule:

(1)	before the date that the owner or operator has obtained a final and
legally effective MACT determination under 15A NCAC 2Q .0300 or .0500,
the owner or operator of the source(s) shall comply with the promulgated
standard or determination rather than any MACT determination under this
Rule by the compliance date in the promulgated standard; or

(2)	after the source has been subject to a prior case-by-case MACT under
this Rule, and the owner or operator obtained a final and legally
effective case-by-case MACT determination prior to the promulgation date
of such emission standard, the Division shall (if the initial permit has
not yet been issued under 15A NCAC 2Q .0500) issue an initial permit
that incorporates the emission standard or determination, or shall (if
the initial permit has been issued under 15A NCAC 2Q .0500) revise the
permit according to the reopening procedures in 15A NCAC 2Q .0517,
Reopening for Cause, whichever is relevant, to incorporate the emission
standard or determination.

(i)  Compliance with subsequent 112(d), 112(h),or 112(j) standards.  EPA
may include in the emission standard established under Section 112(d) or
112(h) of the federal Clean Air Act a specific compliance date for those
sources that have obtained a final and legally effective MACT
determination under this Rule and that have submitted the information
required by 40 CFR 63.43 to EPA before the close of the public comment
period for the standard established under section 112(d) of the federal
Clean Air Act.  Such date shall assure that the owner or operator shall
comply with the promulgated standard as expeditiously as practicable,
but not longer than eight years after such standard is promulgated.  In
that event, the Division shall incorporate the applicable compliance
date in the permit issued under 15A NCAC 2Q .0500.  If no compliance
date has been established in the promulgated 112(d) or 112(h) standard
or determination under Rule .1109 of this Section, for those sources
that have obtained a final and legally effective MACT determination
under this Rule, then the Director shall establish a compliance date in
the permit that assures that the owner or operator shall comply with the
promulgated standard or determination as expeditiously as practicable,
but not longer than eight years after such standard is promulgated or a
determination is made under Rule .1109 of this Section.

(j)  Revision of permit to incorporate less stringent control.
Notwithstanding the requirements of Paragraph (h) of this Rule, if the
Administrator of EPA promulgates an emission standard under Section
112(d) or Section 112(h) of the federal Clean Air Act or the Division
issues a determination under Rule .1109 of this Section that is
applicable to a stationary source or group of sources that was deemed to
be a constructed or reconstructed major source under this Rule and that
is the subject of a prior case-by-case MACT determination pursuant to 40
CFR 63.43, and the level of control required by the emission standard
issued under Section 112(d) or 112(h) or the determination issued under
Rule .1109 of this Section is less stringent than the level of control
required by any emission limitation or standard in the prior MACT
determination, the Division is not required to incorporate any less
stringent terms of the promulgated standard in the permit issued under
15A NCAC 2Q .0500 applicable to such source(s) and may consider any more
stringent provisions of the prior MACT determination to be applicable
legal requirements when issuing or revising such an operating permit.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5),(10);

Eff. July 1, 1998.

section .1200 - CONTROL OF EMISSIONS FROM INCINERATORS

15A NCAC 02D .1201	PURPOSE AND SCOPE

(a)  This Section sets forth rules for the control of the emissions of
air pollutants from incinerators.

(b)  The rules in this Section apply to all types of incinerators as
defined by 15A NCAC 02D .0101(21), including incinerators with heat
recovery and industrial incinerators.

(c)  The rules in this Section do not apply to:

(1)	afterburners, flares, fume incinerators, and other similar devices
used to reduce the emissions of air pollutants from processes, whose
emissions shall be regulated as process emissions;

(2)	any boilers or industrial furnaces that burn waste as a fuel, except
hazardous waste as defined in 40 CFR 260.10;

(3)	air curtain burners, which shall comply with Section .1900 of this
Subchapter; or

(4)	incinerators used to dispose of dead animals or poultry, that meet
the following requirements:

(A)	the incinerator is located on a farm and is operated by the farm
owner or by the farm operator;

(B)	the incinerator is used solely to dispose of animals or poultry
originating on the farm where the incinerator is located;

(C)	the incinerator is not charged at a rate that exceeds its design
capacity; and

(D)	the incinerator complies with Rule .0521 (visible emissions) and
.1806 (odorous emissions) of this Subchapter.

(d)  If an incinerator is more than one type of incinerator, then the
following order shall be used to determine the standards and
requirements to apply:

(1)	hazardous waste incinerators;

(2)	sewage sludge incinerators;

(3)	sludge incinerators;

(4)	municipal waste combustors;

(5)	commercial and industrial solid waste incinerators;

(6)	hospital, medical, or infectious waste incinerators (HMIWIs);

(7)	other solid waste incinerators;

(8)	conical incinerators;

(9)	crematory incinerators; and

(10)	other incinerators.

(e)  In addition to any permit that may be required under 15A NCAC 02Q,
Air Quality Permits Procedures, a permit may be required by the Division
of Waste Management as determined by the permitting rules enforced by
the Division of Waste Management.

(f)  Referenced document SW-846 "Test Methods for Evaluating Solid
Waste," Third Edition, cited by rules in this Section is hereby
incorporated by reference and does not include subsequent amendments or
editions. A copy of this document is available for inspection at the
North Carolina Department of Environment and Natural Resources Library
located at 512 North Salisbury Street, Raleigh, NC 27603. Copies of this
document may be obtained through the US Government Printing Office,
Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954,
or by calling<PHONE_NUMBER>. The cost of this document is three hundred
nineteen dollars ($319.00).

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(1), (3),
(4), (5);

Eff. October 1, 1991;

Amended Eff. July 1, 2000; July 1, 1999; July 1, 1998; April 1, 1995;
December(1, 1993;

Temporary Amendment Eff. March 1, 2002;

Amended Eff. July 1, 2007; December 1, 2005; August 1, 2002.

15A NCAC 02D .1202	DEFINITIONS

(a)  For the purposes of this Section, the definitions at G.S. 143-212
and 143-213 and 15A NCAC 02D .0101 shall apply, and in addition, the
following definitions shall apply. If a term in this Rule is also
defined at 15A NCAC 02D .0101, then the definition in this Rule
controls.

(1)	"Class I municipal waste combustor" means a small municipal waste
combustor located at a municipal waste combustion plant with an
aggregate plant combustion capacity greater than 250 tons per day of
municipal solid waste.

(2)	"Commercial and industrial solid waste incinerator" (CISWI) or
"commercial and industrial solid waste incineration unit" means any
combustion device, except air pollution control devices, that combusts
commercial and industrial waste.

(3)	"Commercial and industrial waste" means solid waste combusted in an
enclosed device using controlled flame combustion without energy
recovery that is a distinct operating unit of any commercial or
industrial facility (including field-erected, modular, and custom built
incineration units operating with starved or excess air).

(4)	"Co-fired combustor (as defined in 40 CFR Part 60, Subpart Ec)"
means a unit combusting hospital, medical, or infectious waste with
other fuels or wastes (e.g., coal, municipal solid waste) and subject to
an enforceable requirement limiting the unit to combusting a fuel feed
stream, 10 percent or less of the weight of which is comprised, in
aggregate, of hospital, medical, or infectious waste as measured on a
calendar quarter basis. For the purposes of this definition,
pathological waste, chemotherapeutic waste, and low-level radioactive
waste are considered "other" wastes when calculating the percentage of
hospital, medical, or infectious waste combusted.

(5)	"Crematory incinerator" means any incinerator located at a crematory
regulated under 21 NCAC 34C that is used solely for the cremation of
human remains.

(6)	"Construction and demolition waste" means wood, paper, and other
combustible waste, except for hazardous waste and asphaltic material,
resulting from construction and demolition projects.

(7)	"Dioxin and Furan" means tetra- through octa- chlorinated
dibenzo-p-dioxins and dibenzofurans.

(8)	"Hazardous waste incinerator" means an incinerator regulated under
15A NCAC 13A .0101 through .0119, 40 CFR 264.340 to 264.351, Subpart O,
or 265.340 to 265.352, Subpart O.

(9)	"Hospital, medical and infectious waste incinerator (HMIWI)" means
any device that combusts any amount of hospital, medical and infectious
waste.

(10)	"Large HMIWI" means:

(A)	a HMIWI whose maximum design waste burning capacity is more than 500
pounds per hour;

(B)	a continuous or intermittent HMIWI whose maximum charge rate is more
than 500 pounds per hour; or

(C)	a batch HMIWI whose maximum charge rate is more than 4,000 pounds
per day.

(11)	"Hospital waste" means discards generated at a hospital, except
unused items returned to the manufacturer. The definition of hospital
waste does not include human corpses, remains, and anatomical parts that
are intended for interment or cremation.

(12)	"Institutional facility" means a land-based facility owned or
operated by an organization having a governmental, educational, civic,
or religious purpose, such as a school, hospital, prison, military
installation, church, or other similar establishment or facility.

(13)	"Institutional waste" means solid waste that is combusted at any
institutional facility using controlled flame combustion in an enclosed,
distinct operating unit:

(A)	whose design does not provide for energy recovery and

(B)	which is operated without energy recovery or operated with only
waste heat recovery.

Institutional waste also means solid waste combusted on site in an air
curtain incinerator that is a distinct operating unit of any
institutional facility.

(14)	"Institutional waste incineration unit" means any combustion unit
that combusts institutional waste and is a distinct operating unit of
the institutional facility that generated the waste.

(15)	"Large municipal waste combustor" means each municipal waste
combustor unit with a combustion capacity greater than 250 tons per day
of municipal solid waste.

(16)	"Medical and Infectious Waste" means any waste generated in the
diagnosis, treatment, or immunization of human beings or animals, in
research pertaining thereto, or in the production or testing of
biologicals that is listed in Part (A)(i) through (A)(vii) of this
Subparagraph.

(A)	The definition of medical and infectious waste includes:

(i)	cultures and stocks of infectious agents and associated biologicals,
including:

(I)	cultures from medical and pathological laboratories;

(II)	cultures and stocks of infectious agents from research and
industrial laboratories;

(III)	wastes from the production of biologicals;

(IV)	discarded live and attenuated vaccines; and

(V)	culture dishes and devices used to transfer, inoculate, and mix
cultures;

(ii)	human pathological waste, including tissues, organs, and body parts
and body fluids that are removed during surgery or autopsy, or other
medical procedures, and specimens of body fluids and their containers;

(iii)	human blood and blood products including:

(I)	liquid waste human blood;

(II)	products of blood;

(III)	items saturated or dripping with human blood; or

(IV)	items that were saturated or dripping with human blood that are now
caked with dried human blood including serum, plasma, and other blood
components, and their containers, which were used or intended for use in
either patient care, testing and laboratory analysis or the development
of pharmaceuticals. Intravenous bags are also included in this category;

(iv)	sharps that have been used in animal or human patient care or
treatment or in medical, research, or industrial laboratories, including
hypodermic needles, syringes (with or without the attached needle),
pasteur pipettes, scalpel blades, blood vials, needles with attached
tubing, and culture dishes (regardless of presence of infectious
agents). Also included are other types of broken or unbroken glassware
that were in contact with infectious agents, such as used slides and
cover slips;

(v)	animal waste including contaminated animal carcasses, body parts,
and bedding of animals that were known to have been exposed to
infectious agents during research (including research in veterinary
hospitals), production of biologicals or testing of pharmaceuticals;

(vi)	isolation wastes including biological waste and discarded materials
contaminated with blood, excretions, exudates, or secretions from humans
who are isolated to protect others from highly communicable diseases, or
isolated animals known to be infected with highly communicable diseases;
and

(vii)	unused sharps including the following unused or discarded sharps;

(I)	hypodermic needles;

(II)	suture needles;

(III)	syringes; and

(IV)	scalpel blades.

(B)	The definition of medical and infectious waste does not include:

(i)	hazardous waste identified or listed under 40 CFR Part 261;

(ii)	household waste, as defined in 40 CFR 261.4(b)(1);

(iii)	ash from incineration of medical and infectious waste, once the
incineration process has been completed;

(iv)	human corpses, remains, and anatomical parts that are intended for
interment or cremation; and

(v)	domestic sewage materials identified in 40 CFR 261.4(a)(1).

(17)	"Medium HMIWI" means:

(A)	a HMIWI whose maximum design waste burning capacity is more than 200
pounds per hour but less than or equal to 500 pounds per hour;

(B)	a continuous or intermittent HMIWI whose maximum charge rate is more
than 200 pounds per hour but less than or equal to 500 pounds per hour;
or

(C)	a batch HMIWI whose maximum charge rate is more than 1,600 pounds
per day but less than or equal to 4,000 pounds per day.

(18)	"Municipal waste combustor (MWC) or municipal waste combustor unit"
means a municipal waste combustor as defined in 40 CFR 60.51b.

(19)	"Municipal waste combustor plant" means one or more designated
units at the same location.

(20)	"Municipal waste combustor unit capacity" means the maximum
charging rate of a municipal waste combustor unit expressed in tons per
day of municipal solid waste combusted, calculated according to the
procedures under 40 CFR 60.58b(j). Section 60.58b(j) includes procedures
for determining municipal waste combustor unit capacity for continuous
and batch feed municipal waste combustors.

(21)	"Municipal-type solid waste (MSW) or Municipal Solid Waste" means
municipal-type solid waste defined in 40 CFR 60.51b.

(22)	"POTW" means a publicly owned treatment works as defined in 40 CFR
501.2.

(23)	"Other solid waste incineration unit" or "OSWI unit" means either a
very small municipal waste combustion unit or an institutional waste
incineration unit, as defined in this Paragraph.

(24)	"Same Location" means the same or contiguous property that is under
common ownership or control including properties that are separated only
by a street, road, highway, or other public right-of-way. Common
ownership or control includes properties that are owned, leased, or
operated by the same entity, parent entity, subsidiary, subdivision, or
any combination thereof including any municipality or other governmental
unit, or any quasi-governmental authority (e.g., a public utility
district or regional waste disposal authority).

(25)	"Sewage sludge incinerator" means any incinerator regulated under
40 CFR Part 503, Subpart E.

(26)	"Sludge incinerator" means any incinerator regulated under Rule
.1110 of this Subchapter but not under 40 CFR Part 503, Subpart E.

(27)	"Small HMIWI" means:

(A)	a HMIWI whose maximum design waste burning capacity is less than or
equal to 200 pounds per hour;

(B)	a continuous or intermittent HMIWI whose maximum charge rate is less
than or equal to 200 pounds per hour; or

(C)	a batch HMIWI whose maximum charge rate is less than or equal to
1,600 pounds per day.

(28)	"Small municipal waste combustor" means each municipal waste
combustor unit with a combustion capacity that is greater than 11 tons
per day but not more than 250 tons per day of municipal solid waste.

(29)	"Small remote HMIWI" means any small HMIWI which is located more
than 50 miles from the boundary of the nearest Standard Metropolitan
Statistical Area (SMSA) and which burns less than 2,000 pounds per week
of hospital, medical and infectious waste. The 2,000 pound per week
limitation does not apply during performance tests.

(30)	"Standard Metropolitan Statistical Area (SMSA)" means any area
listed in Office of Management and Budget (OMB) Bulletin No. 93-17,
entitled "Revised Statistical Definitions for Metropolitan Areas" dated
July 30, 1993. The referenced document cited by this Item is hereby
incorporated by reference and does not include subsequent amendments or
editions. A copy of this document may be obtained from the Division of
Air Quality, P.O. Box 29580, Raleigh, North Carolina 27626-0580 at a
cost of 10 cents ($0.10) per page or may be obtained through the
internet at
http://www.census.gov/population/estimates/metro-city/93mfips.txt
HYPERLINK
"http://www.census.gov/population/estimates/metro-city/93mfips.txt"   .

(31)	"Very small municipal waste combustion unit" means any municipal
waste combustion unit that has the capacity to combust less than 35 tons
per day of municipal solid waste or refuse-derived fuel, as determined
by the calculations in 40 CFR 60.3076.

(b)  Whenever reference is made to the Code of Federal Regulations in
this Section, the definition in the Code of Federal Regulations shall
apply unless specifically stated otherwise in a particular rule.

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

Eff. October 1, 1991;

Amended Eff. July 1, 2000; July 1, 1999; July 1, 1998; July 1, 1996;
April 1, 1995; December 1, 1993;

Temporary Amendment Eff. March 1, 2002;

Amended Eff. July 1, 2007; August 1, 2002.

15A NCAC 02D .1203	HAZARDOUS WASTE INCINERATORS

(a)  Applicability. This Rule applies to hazardous waste incinerators.

(b)  Definitions. For the purpose of this Rule, the definitions
contained in 40 CFR 260.10, 270.2, and 40 CFR 63.1201 shall apply in
addition to the definitions in Rule .1202 of this Section.

(c)  Emission Standards.

(1)	The emission standards in this Paragraph apply to all incinerators
subject to this Rule except where Rule .0524, .1110, or .1111 of this
Subchapter applies. However, when Subparagraphs (8) or (9) of this
Paragraph or Paragraph (h) of this Rule and Rules .0524, .1110, or .1111
of this Subchapter regulate the same pollutant, the more restrictive
provision for each pollutant shall apply, notwithstanding provisions of
Rules .0524, .1110, or .1111 of this Subchapter to the contrary.

(2)	Particulate Matter. Any incinerator subject to this Rule shall meet
the particulate matter emission requirements of 40 CFR 264.343(c).

(3)	Visible Emissions. Any incinerator subject to this Rule shall comply
with Rule .0521 of this Subchapter for the control of visible emissions.

(4)	Sulfur Dioxide. Any incinerator subject to this Rule shall comply
with Rule .0516 of this Subchapter for the control of sulfur dioxide
emissions.

(5)	Odorous Emissions. Any incinerator subject to this Rule shall comply
with Rule .1806 of this Subchapter for the control of odorous emissions.

(6)	Hydrogen Chloride. Any incinerator subject to this Rule shall meet
the hydrogen chloride emission requirements of 40 CFR 264.343(b).
Compliance with this Subparagraph shall be determined by averaging
emissions over a one-hour period.

(7)	Mercury Emissions. The emissions of mercury and mercury compounds
from the stack or chimney of any incinerator subject to this Rule shall
not exceed 0.032 pounds per hour. Compliance with this Subparagraph
shall be determined by averaging emissions over a one-hour period.

(8)	Toxic Emissions. The owner or operator of any incinerator subject to
this Rule shall demonstrate compliance with Section .1100 of this
Subchapter according to 15A NCAC 02Q .0700 for the control of toxic
emissions.

(9)	Ambient Standards.

(A)	In addition to the ambient air quality standards in Section .0400 of
this Subchapter, the following ambient air quality standards, which are
an annual average, in milligrams per cubic meter at 77 degrees F (25
degrees C) and 29.92 inches (760 mm) of mercury pressure and which are
increments above background concentrations, shall apply aggregately to
all incinerators at a facility subject to this Rule:

(i)	arsenic and its compounds			2.3x10-7

(ii)	beryllium and its compounds		4.1x10-6

(iii)	cadmium and its compounds		5.5x10-6

(iv)	chromium (VI) and its compounds		8.3x10-8

(B)	The owner or operator of a facility with incinerators subject to
this Rule shall demonstrate compliance with the ambient standards in
Subparts (i) through (iv) of Part (A) of this Subparagraph by following
the procedures set out in Rule .1106 of this Subchapter. Modeling
demonstrations shall comply with the requirements of Rule .0533 of this
Subchapter.

(C)	The emission rates computed or used under Part (B) of this
Subparagraph that demonstrate compliance with the ambient standards
under Part (A) of this Subparagraph shall be specified as a permit
condition for the facility with incinerators subject to this Rule as
their allowable emission limits unless Rules .0524, .1110, or .1111 of
this Subchapter requires more restrictive rates.

(d)  Operational Standards.

(1)	The operational standards in this Rule do not apply to any
incinerator subject to this Rule when applicable operational standards
in Rules .0524, .1110, or .1111 of this Subchapter apply.

(2)	Hazardous waste incinerators shall comply with 15A NCAC 13A .0101
through .0119, which are administered and enforced by the Division of
Waste Management.

(e)  Test Methods and Procedures.

(1)	The test methods and procedures described in Section .2600 of this
Subchapter and in 40 CFR Part 60 Appendix A and 40 CFR Part 61 Appendix
B shall be used to determine compliance with emission rates. Method 29
of 40 CFR Part 60 shall be used to determine emission rates for metals.
However, Method 29 shall be used to sample for chromium (VI), and SW 846
Method 0060 shall be used for the analysis.

(2)	The Director may require the owner or operator to test his
incinerator to demonstrate compliance with the emission standards listed
in Paragraph (c) of this Rule.

(f)  Monitoring, Recordkeeping, and Reporting.

(1)	The owner or operator of an incinerator subject to the requirements
of this Rule shall comply with the monitoring, recordkeeping, and
reporting requirements in Section .0600 of this Subchapter, 40 CFR
270.31, and 40 CFR 264.347.

(2)	The owner or operator of an incinerator subject to the requirements
of this Rule shall maintain and operate a continuous temperature
monitoring and recording device for the primary chamber and, where there
is a secondary chamber, for the secondary chamber. The owner or operator
of an incinerator that has installed air pollution abatement equipment
to reduce emissions of hydrogen chloride shall install, operate, and
maintain continuous monitoring equipment to measure pH for wet scrubber
systems and rate of alkaline injection for dry scrubber systems. The
Director shall require the owner or operator of an incinerator with a
permitted charge rate of 750 pounds per hour or more to install,
operate, and maintain continuous monitors for oxygen or for carbon
monoxide or both as necessary to determine proper operation of the
incinerator. The Director may require the owner or operator of an
incinerator with a permitted charge rate of less than 750 pounds per
hour to install, operate, and maintain monitors for oxygen or for carbon
monoxide or both as necessary to determine proper operation of the
incinerator.

(g)  Excess Emissions and Start-up and Shut-down. All incinerators
subject to this Rule shall comply with Rule .0535, Excess Emissions
Reporting and Malfunctions, of this Subchapter.

(h)  Incinerators subject to this Rule shall comply with the emission
limits, operational specifications, and other restrictions or conditions
determined by the Division of Waste Management under 40 CFR 270.32,
establishing Resource Conservation and Recovery Act permit conditions,
as necessary to protect human health and the environment.

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

Eff. October 1, 1991;

Amended Eff. June 1, 2008; August 1, 2002; July 1, 2000; July 1, 1999;
July 1, 1998; April 1, 1995.

15A NCAC 02D .1204	SEWAGE SLUDGE AND SLUDGE INCINERATORS

(a)  Applicability. This Rule applies to sewage sludge and sludge
incinerators.

(b)  Definitions. For the purpose of this Rule, the definitions in 40
CFR Part 503 shall apply in addition to the definitions in Rule .1202 of
this Section.

(c)  Emission Standards.

(1)	The emission standards in this Paragraph apply to any incinerator
subject to this Rule except where Rules .0524, .1110, or .1111 of this
Subchapter applies. However when Subparagraphs (11) or (12) of this
Paragraph and Rules .0524, .1110, or .1111 of this Subchapter regulate
the same pollutant, the more restrictive provision for each pollutant
shall apply, notwithstanding provisions of Rules .0524, .1110, or .1111
of this Subchapter to the contrary.

(2)	Particulate Matter. Any incinerator subject to this Rule shall
comply with one of the following emission standards for particulate
matter:

(A)	For refuse charge rates between 100 and 2000 pounds per hour, the
allowable emissions rate for particulate matter from any stack or
chimney of any incinerator subject to this Rule shall not exceed the
level calculated with the equation E=0.002P, calculated to two
significant figures, where "E" equals the allowable emission rate for
particulate matter in pounds per hour and "P" equals the refuse charge
rate in pounds per hour. For refuse charge rates of 0 to 100 pounds per
hour the allowable emission rate is 0.2 pounds per hour. For refuse
charge rates of 2000 pounds per hour or greater the allowable emission
rate shall be 4.0 pounds per hour. Compliance with this Part shall be
determined by averaging emissions over a block three-hour period.

(B)	Instead of meeting the standards in Part (A) of this Subparagraph,
the owner or operator of any incinerator subject to this Rule may choose
to limit particulate emissions from the incinerator to 0.08 grains per
dry standard cubic foot corrected to 12 percent carbon dioxide. In order
to choose this option, the owner or operator of the incinerator shall
demonstrate that the particulate ambient air quality standards will not
be violated. To correct to 12 percent carbon dioxide, the measured
concentration of particulate matter is multiplied by 12 and divided by
the measured percent carbon dioxide. Compliance with this Part shall be
determined by averaging emissions over a block three-hour period.

(3)	Visible Emissions. Any incinerator subject to this Rule shall comply
with Rule .0521 of this Subchapter for the control of visible emissions.

(4)	Sulfur Dioxide. Any incinerator subject to this Rule shall comply
with Rule .0516 of this Subchapter for the control of sulfur dioxide
emissions.

(5)	Odorous Emissions. Any incinerator subject to this Rule shall comply
with Rule .1806 of this Subchapter for the control of odorous emissions.

(6)	Hydrogen Chloride. Any incinerator subject to this Rule shall
control hydrogen chloride emissions such that they do not exceed four
pounds per hour unless they are reduced by at least 90 percent by weight
or to no more than 50 parts per million by volume corrected to seven
percent oxygen (dry basis). Compliance with this Subparagraph shall be
determined by averaging emissions over a one-hour period.

(7)	Mercury Emissions. Emissions of mercury from any incinerator subject
to this Rule are regulated under 15A NCAC 02D .1110.

(8)	Beryllium Emissions. Emissions of beryllium from any incinerator
subject to this Rule are regulated under 15A NCAC 02D .1110.

(9)	Lead Emissions. The daily concentration of lead in sewage sludge fed
to a sewage sludge incinerator shall meet the requirements specified in
40 CFR 503.43(c).

(10)	Other Metal Emissions. The daily concentration of arsenic, cadmium,
chromium, and nickel in sewage sludge fed to a sewage sludge incinerator
shall meet the requirements specified in 40 CFR 503.43(d).

(11)	Toxic Emissions. The owner or operator of any incinerator subject
to this Rule shall demonstrate compliance with Section .1100 of this
Subchapter according to 15A NCAC 02Q .0700.

(12)	Ambient Standards.

(A)	In addition to the ambient air quality standards in Section .0400 of
this Subchapter, the following ambient air quality standards, which are
an annual average, in milligrams per cubic meter at 77 degrees F (25
degrees C) and 29.92 inches (760 mm) of mercury pressure and which are
increments above background concentrations, shall apply aggregately to
all incinerators at a facility subject to this Rule:

(i)	arsenic and its compounds			2.3x10-7

(ii)	beryllium and its compounds		4.1x10-6

(iii)	cadmium and its compounds		5.5x10-6

(iv)	chromium (VI) and its compounds		8.3x10-8

(B)	The owner or operator of a facility with incinerators subject to
this Rule shall demonstrate compliance with the ambient standards in
Subparts (i) through (iv) of Part (A) of this Subparagraph by following
the procedures set out in Rule .1106 of this Subchapter. Modeling
demonstrations shall comply with the requirements of Rule .0533 of this
Subchapter.

(C)	The emission rates computed or used under Part (B) of this
Subparagraph that demonstrate compliance with the ambient standards
under Part (A) of this Subparagraph shall be specified as a permit
condition for the facility with incinerators subject to this Rule as
their allowable emission limits unless Rules .0524, .1110, or .1111 of
this Subchapter requires more restrictive rates.

(d)  Operational Standards.

(1)	The operational standards in this Rule do not apply to any
incinerator subject to this Rule when applicable operational standards
in Rules .0524, .1110, or .1111 of this Subchapter apply.

(2)	Sewage Sludge Incinerators.

(A)	The maximum combustion temperature for a sewage sludge incinerator
shall be specified as a permit condition and be based on information
obtained during the performance test of the sewage sludge incinerator to
determine pollutant control efficiencies as needed to comply with
.1204(c).

(B)	The values for the operational parameters for the sewage sludge
incinerator air pollution control device(s) shall be specified as a
permit condition and be based on information obtained during the
performance test of the sewage sludge incinerator to determine pollutant
control efficiencies as needed to comply with .1204(c).

(C)	The monthly average concentration for total hydrocarbons, or carbon
monoxide as provided in 40 CFR 503.40(c), in the exit gas from a sewage
sludge incinerator stack, corrected to zero percent moisture and seven
percent oxygen as specified in 40 CFR 503.44, shall not exceed 100 parts
per million on a volumetric basis using the continuous emission monitor
required in Part (f)(3)(A) of this Rule.

(3)	Sludge Incinerators. The combustion temperature in a sludge
incinerator shall not be less than 1200oF. The maximum oxygen content of
the exit gas from a sludge incinerator stack shall be:

(A)	12 percent (dry basis) for a multiple hearth sludge incinerator;

(B)	seven percent (dry basis) for a fluidized bed sludge incinerator;

(C)	nine percent (dry basis) for an electric sludge incinerator; and

(D)	12 percent (dry basis) for a rotary kiln sludge incinerator.

(e)  Test Methods and Procedures.

(1)	The test methods and procedures described in Section .2600 of this
Subchapter and in 40 CFR Part 60 Appendix A and 40 CFR Part 61 Appendix
B shall be used to determine compliance with emission rates. Method 29
of 40 CFR Part 60 shall be used to determine emission rates for metals.
However, Method 29 shall be used to sample for chromium (VI), and SW 846
Method 0060 shall be used for the analysis.

(2)	The Director may require the owner or operator to test his
incinerator to demonstrate compliance with the emission standards listed
in Paragraph (c) of this Rule.

(3)	The owner or operator of a sewage sludge incinerator shall perform
testing to determine pollutant control efficiencies of any pollution
control equipment and obtain information on operational parameters,
including combustion temperature, to be specified as a permit condition.

(f)  Monitoring, Recordkeeping, and Reporting.

(1)	The owner or operator of an incinerator subject to the requirements
of this Rule shall comply with the monitoring, recordkeeping, and
reporting requirements in Section .0600 of this Subchapter.

(2)	The owner or operator of an incinerator subject to the requirements
of this Rule shall maintain and operate a continuous temperature
monitoring and recording device for the primary chamber and, where there
is a secondary chamber, for the secondary chamber. The owner or operator
of an incinerator that has installed air pollution abatement equipment
to reduce emissions of hydrogen chloride shall install, operate, and
maintain continuous monitoring equipment to measure pH for wet scrubber
systems and rate of alkaline injection for dry scrubber systems.

(3)	In addition to the requirements of Subparagraphs (1) and (2) of this
Paragraph, the owner or operator of a sewage sludge incinerator shall:

(A)	install, operate, and maintain, for each incinerator, continuous
emission monitors to determine the following:

(i)	total hydrocarbon concentration of the incinerator stack exit gas
according to 40 CFR 503.45(a) unless the requirements for continuously
monitoring carbon monoxide as provided in 40 CFR 503.40(c) are
satisfied;

(ii)	oxygen content of the incinerator stack exit gas; and

(iii)	moisture content of the incinerator stack exit gas;

(B)	monitor the concentration of beryllium and mercury from the sludge
fed to the incinerator at least as frequently as required by Rule .1110
of this Subchapter but in no case less than once per year;

(C)	monitor the concentrations of arsenic, cadmium, chromium, lead, and
nickel in the sewage sludge fed to the incinerator at least as
frequently as required under 40 CFR 503.46(a)(2) and (3);

(D)	determine mercury emissions by use of Method 101 or 101A of 40 CFR
Part 61, Appendix B, where applicable to 40 CFR 61.55(a);

(E)	maintain records of all material required under Paragraph (e) of
this Rule and this Paragraph according to 40 CFR 503.47; and

(F)	for class I sludge management facilities (as defined in 40 CFR
503.9), POTWs (as defined in 40 CFR 501.2) with a design flow rate equal
to or greater than one million gallons per day, and POTWs that serve a
population of 10,000 people or greater, submit the information recorded
in Part (D) of this Subparagraph to the Director on or before February
19 of each year.

(g)  Excess Emissions and Start-up and Shut-down. All incinerators
subject to this Rule shall comply with Rule .0535, Excess Emissions
Reporting and Malfunctions, of this Subchapter.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5);

Eff. October 1, 1991;

Amended Eff. June 1, 2008; August 1, 2002; July 1, 2000; July 1, 1999;
July 1, 1998; July 1, 1996; April 1, 1995; December 1, 1993.

15A NCAC 02D .1205	MUNICIPAL WASTE COMBUSTORS

(a)  Applicability. This Rule applies to:

(1)	Class I municipal waste combustors, as defined in Rule .1202 of this
Section; and

(2)	Large municipal waste combustors, as defined in Rule .1202 of this
Section.

(b)  Definitions. For the purpose of this Rule, the definitions
contained in 40 CFR 60.51b and 40 CFR 60.1940 (except administration
means the Director of the Division of Air Quality) shall apply in
addition to the definitions in Rule .1202 of this Section.

(c)  Emission Standards.

(1)	The emission standards in this Paragraph apply to any municipal
waste combustor subject to the requirements of this Rule except where
Rule .0524, .1110, or .1111 of this Subchapter applies. However, when
Subparagraphs (13) or (14) of this Paragraph and Rule .0524, .1110, or
.1111 of this Subchapter regulate the same pollutant, the more
restrictive provision for each pollutant shall apply, notwithstanding
provisions of Rules .0524, .1110, or .1111 of this Subchapter to the
contrary.

(2)	Particulate Matter.  Emissions of particulate matter from each
municipal waste combustor shall not exceed 27 milligrams per dry
standard cubic meter corrected to seven percent oxygen.

(3)	Visible Emissions.  The emission limit for opacity from any
municipal waste combustor shall not exceed 10 percent (average of 30
6-minute averages).

(4)	Sulfur Dioxide.

(A)	Emissions of sulfur dioxide from each class I municipal waste
combustor shall be reduced by at least 75 percent by weight or volume of
potential sulfur dioxide emissions or to no more than 31 parts per
million by volume corrected to seven percent oxygen (dry basis),
whichever is less stringent. Compliance with this emission limit is
based on a 24-hour daily block geometric average concentration percent
reduction.

(B)	Emissions of sulfur dioxide from each large municipal waste
combustor shall be:

(i)	reduced by at least 75 percent by weight or volume, or to no more
than 31 parts per million by volume corrected to seven percent oxygen
(dry basis), whichever is less stringent, by August 1, 2000. Compliance
with this emission limit is based on a 24-hour daily geometric mean; and

(ii)	reduced by at least 75 percent by weight or volume, or to no more
than 29 parts per million by volume corrected to seven percent oxygen
(dry basis), whichever is less stringent, by August 1, 2002. Compliance
with this emission limit is based on a 24-hour daily geometric mean.

(5)	Nitrogen Oxide.

(A)	Emissions of nitrogen oxide from each class I municipal waste
combustor shall not exceed the emission limits in Table 3 40 CFR 60,
Subpart BBBB.

(B)	Emissions of nitrogen oxide from each large municipal waste
combustor shall not exceed the emission limits in Table 1 of Paragraph
(d) of 40 CFR 60.33b. Nitrogen oxide emissions averaging is allowed as
specified in 40 CFR 60.33b(d)(1)(i) through (d)(1)(v).

(C)	In addition to the requirements of Part (B) of this Subparagraph,
emissions of nitrogen oxide from fluidized bed combustors located at a
large municipal waste combustor shall not exceed 180 parts per million
by volume, corrected to seven percent oxygen, by August 1, 2002. If
nitrogen oxide emissions averaging is used as specified in 40 CFR
60.33b(d)(1)(i) through (d)(1)(V), emissions of nitrogen oxide from
fluidized bed combustors located at a large municipal waste combustor
shall not exceed 165 parts per million by volume, corrected to seven
percent oxygen, by August 1, 2002.

(6)	Odorous Emissions. Any incinerator subject to this Rule shall comply
with Rule .1806 of this Subchapter for the control of odorous emissions.

(7)	Hydrogen Chloride.

(A)	Emissions of hydrogen chloride from each class I municipal waste
combustor shall be reduced by at least 95 percent by weight or volume of
potential hydrogen chloride emissions or to no more than 31 parts per
million by volume corrected to seven percent oxygen (dry basis),
whichever is less stringent. Compliance with this Part shall be
determined by averaging emissions over a one-hour period.

(B)	Emissions of hydrogen chloride from each large municipal waste
combustor shall be:

(i)	reduced by at least 95 percent by weight or volume, or to no more
than 31 parts per million by volume, corrected to seven percent oxygen
(dry basis), whichever is less stringent, by August 1, 2000. Compliance
with this emission limit shall be determined by averaging emissions over
a one-hour period; and

(ii)	reduced by at least 95 percent by weight or volume, or to no more
than 29 parts per million by volume, corrected to seven percent oxygen
(dry basis), whichever is less stringent, by August 1, 2002. Compliance
with this emission limit shall be determined by averaging emissions over
a one-hour period.

(8)	Mercury Emissions. Emissions of mercury from each municipal waste
combustor shall be reduced by at least 85 percent by weight of potential
mercury emissions or shall not exceed 0.08 milligrams per dry standard
cubic meter, corrected to seven percent oxygen, whichever is less
stringent. Compliance with this Subparagraph shall be determined by
averaging emissions over a one-hour period.

(9)	Lead Emissions.

(A)	Emissions of lead from each class I municipal waste combustor shall
not exceed 0.49 milligrams per dry standard cubic meter, corrected to
seven percent oxygen.

(B)	Emissions of lead from each large municipal waste combustor shall
not exceed 0.49 milligrams per dry standard cubic meter, corrected to
seven percent oxygen, by August 1, 2000 and shall not exceed 0.44
milligrams per dry standard cubic meter, corrected to seven percent
oxygen, by August 1, 2002.

(10)	Cadmium Emissions.  Emissions of cadmium from each municipal waste
combustor shall not exceed 0.040 milligrams per dry standard cubic
meter, corrected to seven percent oxygen.

(11)	Dioxins and Furans.  Emissions of dioxins and furans from each
municipal waste combustor shall not exceed:

(A)	60 nanograms per dry standard cubic meter (total mass) corrected to
seven percent oxygen for facilities that employ an electrostatic
precipitator-based emission control system, or

(B)	30 nanograms per dry standard cubic meter (total mass) corrected to
seven percent oxygen for facilities that do not employ an electrostatic
precipitator-based emission control system.

(12)	Fugitive Ash.

(A)	On or after the date on which the initial performance test is
completed, no owner or operator of a municipal waste combustor shall
cause to be discharged to the atmosphere visible emissions of combustion
ash from an ash conveying system (including conveyor transfer points) in
excess of five percent of the observation period (i.e., nine minutes per
three-hour block period), as determined by EPA Reference Method 22