(2)	The owner or operator of the proposed new or modified source has demonstrated that all major stationary sources in the State that are owned or operated by this person (or any entity controlling, controlled by, or under common control with this person) are subject to emission limitations and are in compliance, or on a schedule for compliance which is federally enforceable or contained in a court decree, with all applicable emission limitations and standards of this Subchapter which EPA has authority to approve as elements of the North Carolina State Implementation Plan for Air Quality; and
(3)	The source will satisfy one of the following conditions:
(A)	The source will comply with 15A NCAC 02D .0531(i) when the source is evaluated as if it were in the nonattainment area; or
(B)	The source will have an air quality offset, i.e., the applicant will have caused an air quality improvement in the locality where the national ambient air quality standard is not met by causing reductions in impacts of other sources greater than any additional impact caused by the source for which the application is being made. The emissions reductions creating the air quality offset shall be placed as a condition in the permit for the source reducing emissions. The requirements of this Part may be partially waived if the source is a resource recovery facility burning municipal solid waste, the source must switch fuels due to lack of adequate fuel supplies, or the source is required to be modified as a result of EPA regulations and no exemption from such regulations is available and if:
(i)	the permit applicant demonstrates that it made its best efforts to obtain sufficient air quality offsets to comply with this Part;
(ii)	the applicant has secured all available air quality offsets; and
(iii)	the applicant will continue to seek the necessary air quality offsets and apply them when they become available.
(f)  At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation established after August 7, 1980, on the capacity of the source or modification to emit a pollutant, such as a restriction on hours of operation, then the provisions of this Rule shall apply to the source or modification as though construction had not yet begun on the source or modification.
(g)  The version of the Code of Federal Regulations incorporated in this Rule is that as of July 1, 2019, at https://www.govinfo.gov/content/pkg/CFR-2019-title40-vol2/pdf/CFR-2019-title40-vol2-part51-appS.pdf and does not include any subsequent amendments or editions to the referenced material. The publication may be accessed free of charge.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 143-215.108(b); 150B-21.6;
Eff. June 1, 1981;
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Amended Eff. July 1, 1994; December 1, 1993; December 1, 1992; October 1, 1989;
Readopted Eff. November 1, 2023; November 1, 2020.

15A NCAC 02D .0533	STACK HEIGHT
(a)  For the purpose of this Rule, the following definition shall apply:
(1)	"A stack in existence" means that the owner or operator had:
(A)	begun, or caused to begin, a continuous program of physical on-site construction of the stack; or
(B)	entered into binding agreements or contractual obligations, which could not be canceled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in the time that is normally required to construct such a stack.
(2)	"Dispersion technique":
(A)	"Dispersion technique" means any technique which attempts to affect the concentration of a pollutant in the ambient air by:
(i)	using that portion of a stack that exceeds good engineering practice stack height;
(ii)	varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or
(iii)	increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise.
(B)	"Dispersion technique" does not include:
(i)	the reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream;
(ii)	the using of smoke management in agricultural or silvicultural prescribed burning programs;
(iii)	the merging of exhaust gas streams where:
(I)	the facility owner or operator demonstrates that the source was originally designed and constructed with such merged gas streams;
(II)	after July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of "dispersion techniques" shall apply only to the emission limitation for the pollutant affected by such change in operation; or
(III)	before July 8, 1985, such merging was part of a change in operation at the source that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emission limitation or in the event that no emission limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the Director shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the source owner or operator that merging was not significantly motivated by such intent, the Director shall deny credit for the effects of such merging in calculating the allowable emissions for the source;
(iv)	episodic restrictions on residential woodburning and open burning; or
(v)	techniques pursuant to Subpart (A)(iii) of this Subparagraph which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.
(3)	"Emission limitation" means a requirement established by this Subchapter or a local air quality program certified by the Commission that limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements that limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.
(4)	"Excessive concentrations" means, for the purpose of determining good engineering practice stack height in Part (5)(D) of this Paragraph:
(A)	for sources seeking credit for stack height exceeding that established in Part (5)(B) or (C) of this Paragraph, a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to 15A NCAC 02D .0530, an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations in this Part shall be prescribed by the new source performance standard that is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Director, an alternative emission rate shall be established in consultation with the source owner or operator;
(B)	for sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established in 15A NCAC 02D .0533(a)(5)(B) or (C);
(i)	a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects as provided in Part (A) of this Subparagraph, except that the emission rate specified by any applicable Rule in this Subchapter (or, in the absence of such a limit, the actual emission rate) shall be used; or
(ii)	the actual presence of a local nuisance (odor, visibility impairment, or pollutant concentration) caused by the existing stack, as determined by the Director; and
(C)	for sources seeking credit after January 12, 1979, for a stack height determined by 15A NCAC 02D .0533(a)(5)(B) or (C) where the Director requires the use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984 based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970 based on the aerodynamic influence of structures not adequately represented by 15A NCAC 02D .0533(a)(5)(B) or (C), a maximum ground-level concentration due in whole or part to downwash, wakes, or eddy effects that is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.
(5)	"Good engineering practice (GEP) stack height" means the greater of:
(A)	65 meters measured from the ground-level elevation at the base of the stack;
(B)	2.5 times the height of nearby structure(s) measured from the ground-level elevation at the base of the stack for stacks in existence on January 12, 1979 and for which the owner or operator had obtained all applicable permit or approvals required pursuant to 15A NCAC 02Q and 40 CFR Parts 51 and 52, provided the owner or operator produces evidence that this equation was relied on in establishing an emission limitation;
(C)	for stacks not covered by Part (B) of this Subparagraph, the height of nearby structures measured from the ground-level elevation at the base of the stack plus 1.5 times the lesser dimension (height or projected width) of nearby structure(s) provided that the Director may require the use of a field study or fluid model to verify GEP stack height for the source; or
(D)	the height demonstrated by a fluid model or a field study approved by the Director, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features.
(6)	"Nearby" means, for a specific structure or terrain feature:
(A)	in Parts (5)(B) and (C) of this Subparagraph, that distance up to five times the lesser of the height or the width dimension of a structure but not greater than one-half mile. The height of the structure is measured from the ground-level elevation at the base of the Stack; and
(B)	in Part (5)(D) of this Subparagraph, not greater than one-half mile, except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height [ht] of the feature, not to exceed two miles if such feature achieves a height [ht] one-half mile from the stack that is at least 40 percent of the GEP stack height determined by Part (5)(C) of this Subparagraph or 26 meters, whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.
(7)	"Stack" means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares.
(b)  With the exception stated in Paragraphs (c) and (d) of this Rule, the degree of emission limitations required by any rule in this Subchapter shall not be affected by:
(1)	that amount of a stack height that exceeds good engineering practice; or
(2)	any other dispersion technique.
(c)  Paragraph (b) shall not apply to:
(1)	stack heights in existence or dispersion techniques implemented before December 31, 1970, except where pollutants are being emitted from such stacks or using such dispersion techniques by sources, as defined in Section 111(a)(3) of the Clean Air Act, which were constructed, or reconstructed, or for which major modifications, as defined in 15A NCAC 02D .0530(b) and .0531(b) were carried out after December 31, 1970; or
(2)	coal-fired steam electric generating units, subject to provisions of Section 118 of the federal Clean Air Act, which began operation before July 1, 1957, and whose stacks were constructed by a construction contract awarded before February 8, 1974.
However, these exemptions shall not apply to a new stack that replaces a stack that is exempted by Subparagraphs (1) and (2) of this Paragraph. These exemptions shall not apply to a new source using a stack that is exempted by Subparagraphs (1) and (2) of this Paragraph.
(d)  This Rule shall not restrict the actual stack height of any source.

History Note:
Authority G.S. 143-215.3(a)(1);
Eff. November 1, 1982;
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Amended Eff. July 1, 1994; July 1, 1987; April 1, 1986;
Readopted Eff. November 1, 2020.

15A NCAC 02D .0534	FLUORIDE EMISSIONS FROM PHOSPHATE FERTILIZER INDUSTRY
(a)  Emissions of total fluorides shall not exceed:
(1)	0.020 pounds per ton of phosphorus-bearing material fed to any wet-process phosphoric acid plant;
(2)	0.010 pounds per ton of phosphorus-bearing material fed to any superphosphoric acid plant;
(3)	0.40 pounds per ton of phosphorus-bearing material fed to any granular diammonium phosphate plant;
(4)	0.20 pounds per ton of phosphorus-bearing material fed to any run-of-pile triple superphosphate plant including curing and storing process;
(5)	0.20 pounds per ton of phosphorus-bearing material fed to any granular triple superphosphate plant that began operating after December 31, 1969;
(6)	0.40 pounds per ton of phosphorus-bearing material fed to any granular triple superphosphate plant that began operating before January 1, 1970; and
(7)	0.00050 pounds per hour per ton of phosphorus-bearing material cured or stored at any curing or storage facility associated with a granular triple superphosphate plant.
(b)  The phosphorus-bearing material mentioned in Paragraph (a) of this Rule shall be expressed as phosphorus pentoxide.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. November 1, 1982;
Readopted Eff. November 1, 2020.

15A NCAC 02D .0535	EXCESS EMISSIONS REPORTING AND MALFUNCTIONS
(a)  For this Rule the following definitions apply:
(1)	"Excess Emissions" means an emission rate that exceeds any applicable emission limitation or standard allowed by any rule in 15A NCAC 02D .0500, .0900, .1200, or 1400; or by a permit condition; or that exceeds an emission limit established in a permit issued pursuant to 15A NCAC 02Q .0700.
(2)	"Malfunction" means any unavoidable failure of air pollution control equipment, process equipment, or process to operate in a normal and usual manner that results in excess emissions. Excess emissions during periods of routine start-up and shut-down of process equipment are not considered a malfunction. Failures caused entirely or in part by poor maintenance, careless operations or any other upset condition within the control of the emission source are not considered a malfunction.
(3)	"Start-up" means the commencement of operation of any source that has shut-down or ceased operation for a period sufficient to cause temperature, pressure, process, chemical, or a pollution control device imbalance that would result in excess emission.
(4)	"Shut-down" means the cessation of the operation of any source for any purpose.
(b)  This Rule does not apply to sources to which 15A NCAC 02D .0524, .1110, or .1111 applies unless excess emissions exceed an emission limit established in a permit issued under 15A NCAC 02Q .0700 that is more stringent than the emission limit set by 15A NCAC 02D .0524, .1110 or .1111.
(c)  Any excess emissions that do not occur during start-up or shut-down are considered a violation of the appropriate rule unless the owner or operator of the source of excess emissions demonstrates to the Director, that the excess emissions are the result of a malfunction. To determine if the excess emissions are the result of a malfunction, the Director shall consider, along with any other pertinent information, the following:
(1)	the air cleaning device, process equipment, or process has been maintained and operated, to the maximum extent practicable, consistent with good practice for minimizing emissions;
(2)	repairs have been made expeditiously when the emission limits have been exceeded;
(3)	the amount and duration of the excess emissions, including any bypass, have been minimized to the maximum extent practicable;
(4)	all practical steps have been taken to minimize the impact of the excess emissions on ambient air quality;
(5)	the excess emissions are not part of a recurring pattern indicative of inadequate design, operation, or maintenance;
(6)	the requirements of Paragraph (f) of this Rule have been met; and
(7)	if the source is required to have a malfunction abatement plan, it has followed that plan. All malfunctions shall be repaired as expeditiously as practicable. However, the Director shall not excuse excess emissions caused by malfunctions from a source for more than 15 percent of the operating time during each calendar year. The owner or operator of a facility shall maintain records of the time that a source operates when it or its air pollution control equipment is malfunctioning or otherwise has excess emissions.
(d)  All electric utility boiler units shall have a malfunction abatement plan approved by the Director as satisfying the requirements of Subparagraphs (1) through (3) of this Paragraph. In addition, the Director may require any other source to have a malfunction abatement plan approved by the Director as satisfying the requirements of Subparagraphs (1) through (3) of this Paragraph. If the Director requires a malfunction abatement plan for a source other than an electric utility boiler, the owner or operator of that source shall submit a malfunction abatement plan within 60 days after receipt of the Director's request. The malfunction plans of electric utility boiler units and of other sources required to have them shall be implemented when a malfunction or other breakdown occurs. The purpose of the malfunction abatement plan is to prevent, detect, and correct malfunctions or equipment failures that could result in excess emissions. A malfunction abatement plan shall contain:
(1)	a complete preventive maintenance program including:
(A)	the identification of individuals or positions responsible for inspecting, maintaining and repairing air cleaning devices;
(B)	a description of the items or conditions that will be inspected and maintained;
(C)	the frequency of the inspection, maintenance services, and repairs; and
(D)	an identification and quantities of the replacement parts that shall be maintained in inventory for quick replacement;
(2)	an identification of the source and air cleaning operating variables and outlet variables, such as opacity, grain loading, and pollutant concentration, that may be monitored to detect a malfunction or failure; the normal operating range of these variables and a description of the method of monitoring or surveillance procedures and of informing operating personnel of any malfunctions, including alarm systems, lights or other indicators; and
(3)	a description of the corrective procedures that the owner or operator will take in case of a malfunction or failure to achieve compliance with the applicable rule as expeditiously as practicable but no longer than the next boiler or process outage that would provide for an orderly repair or correction of the malfunction or 15 days, whichever is shorter. If the owner or operator anticipates that the malfunction would continue for more than 15 days, a case-by-case repair schedule shall be established by the Director with the source. The owner or operator shall maintain logs to show that the operation and maintenance parts of the malfunction abatement plan are implemented. These logs are subject to inspection by the Director or his designee upon request during business hours.
(e)  The owner or operator of any source required by the Director to have a malfunction abatement plan shall submit a malfunction abatement plan to the Director within six months after it has been required by the Director. The malfunction abatement plan and any amendment to it shall be reviewed by the Director or his designee. If the plan carries out the objectives described by Paragraph (d) of this Rule, the Director shall approve it. If the plan does not carry out the objectives described by Paragraph (d) of this Rule, the Director shall disapprove the plan. The Director shall state his reasons for his disapproval. The person who submits the plan shall submit an amendment to the plan to satisfy the reasons for the Director's disapproval within 30 days of receipt of the Director's notification of disapproval. Any person having an approved malfunction abatement plan shall submit to the Director for his approval amendments reflecting changes in any element of the plan required by Paragraph (d) of this Rule or amendments when requested by the Director. The malfunction abatement plan and amendments to it shall be implemented within 90 days upon receipt of written notice of approval.
(f)  The owner or operator of a source of excess emissions that last for more than four hours and that results from a malfunction, a breakdown of process or control equipment or any other abnormal conditions, shall:
(1)	notify the Director or his designee of any such occurrence by 9:00 a.m. Eastern time of the Division's next business day of becoming aware of the occurrence and describe:
(A)	name and location of the facility,
(B)	the nature and cause of the malfunction or breakdown;
(C)	the time when the malfunction or breakdown is first observed;
(D)	the expected duration; and
(E)	an estimated rate of emissions.
(2)	notify the Director or his designee after the corrective measures have been accomplished;
(3)	submit to the Director within 15 days after the request a written report that includes:
(A)	name and location of the facility,
(B)	identification or description of the processes and control devices involved in the malfunction or breakdown;
(C)	the cause and nature of the event;
(D)	time and duration of the violation or the expected duration of the excess emission if the malfunction or breakdown has not been fixed;
(E)	estimated quantity of pollutant emitted;
(F)	steps taken to control the emissions and to prevent recurrences and if the malfunction or breakdown has not been fixed, steps planned to be taken; and
(G)	any other pertinent information requested by the Director. After the malfunction or breakdown has been corrected, the Director may require the owner or operator of the source to test the source in accordance with 15A NCAC 02D .2600 to demonstrate compliance.
(g)  Start-up and shut-down. Excess emissions during start-up and shut-down are considered a violation of the applicable rule if the owner or operator cannot demonstrate that the excess emissions are unavoidable. To determine if excess emissions are unavoidable during startup or shutdown the Director shall consider the items listed in Subparagraphs (c)(1), (c)(3), (c)(4), (c)(5), and (c)(7) of this Rule along with any other pertinent information. The Director may specify for a particular source the amount, time, and duration of emissions allowed during start-up or shut down if necessary to limit excess emissions and protect the NAAQS. The owner or operator shall, to the extent practicable, operate the source and any associated air pollution control equipment or monitoring equipment in a manner consistent with best practicable air pollution control practices to minimize emissions during start-up and shut-down.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4); 143-215.107(a)(5);
Eff. March 1, 1983;
Amended Eff. June 1, 2008; April 1, 2001; July 1, 1998; July 1, 1996; October 1, 1991; May 1, 1990; April 1, 1986; July 1, 1984;
Amendment approved by RRC October 20, 2016 with a delayed effective date. Effective date delayed by Codifier upon May 15, 2018 request from the Environmental Management Commission. Rendered void May 28, 2020 by final action of the EPA withdrawing SIP Call for North Carolina, 85 Fed. Reg. 23700 (April 28, 2020) and the State's withdrawal of its SIP submittal to EPA on August 25, 2022;
Readopted Eff. November 1, 2020.

15A NCAC 02D .0537	CONTROL OF MERCURY EMISSIONS
(a)  For the purpose of this Rule, the following definitions shall apply:
(1)	"Mercury" means the element mercury, excluding any associated elements, and includes mercury in particulates, vapors, aerosols, and compounds.
(2)	"Stationary source" means the total plant site. This includes all emissions, such as stacks, ducts, vents, openings, and fugitives to the atmosphere within the property boundary.
(b)  This Rule shall apply to all new and existing stationary sources engaged in the handling or processing of mercury and not subject to standards on emissions for mercury in 15A NCAC 02D .0530, .1110, or .1111.
(c)  An owner or operator of a stationary source engaged in the handling or processing of mercury shall not cause, allow, or permit particulate or gaseous mercury emissions of more than 2300 grams per day into the atmosphere.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. June 1, 1985;
Amended Eff. July 1, 1996;
Readopted Eff. November 1, 2020.

15A NCAC 02D .0538	CONTROL OF ETHYLENE OXIDE EMISSIONS
(a)  For purposes of this Rule, "medical devices" means instruments, apparatus, implements, machines, implants, in vitro reagents, or other similar or related articles including their components, parts, and accessories, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or intended to affect the structure or any function of the body of man or other animals.
(b)  This Rule applies to emissions at facilities for which construction began after August 31, 1992 of ethylene oxide resulting from use as a sterilant in:
(1)	the production and subsequent storage of medical devices; or
(2)	the packaging and subsequent storage of medical devices for sale.
(c)  This Rule does not apply to hospital or medical facilities.
(d)  Facilities subject to this Rule shall comply with the following standards:
(1)	for sterilization chamber evacuation, a closed loop liquid ring vacuum pump, or equipment demonstrated to be as effective at reducing emissions of ethylene oxide shall be used;
(2)	for sterilizer exhaust, a reduction in the weight of uncontrolled emissions of ethylene oxide of at least 99.8 percent by weight shall be achieved;
(3)	for sterilizer unload and backdraft valve exhaust:
(A)	a reduction in uncontrolled emissions of ethylene oxide of at least 99 percent by weight shall be achieved; or
(B)	a concentration of no more than one part per million by volume of ethylene oxide shall be achieved;
(4)	sterilized product ethylene oxide residual emissions shall be reduced by:
(A)	a heated degassing room to aerate the products after removal from the sterilization chamber. The temperature of the degassing room shall be maintained at a minimum of 95 degrees Fahrenheit during the degassing cycle and product hold time in the aeration room shall be at least 24 hours; or
(B)	a process demonstrated to be as effective as Part (d)(4)(A) of this Rule.
(5)	emissions of ethylene oxide from the degassing area or equivalent process shall be vented to a control device capable of reducing uncontrolled ethylene oxide emissions by at least 99 percent by weight or to no more than one part per million by volume of ethylene oxide. The product aeration room and the product transfer area shall be maintained under a negative pressure.
(e)  Before installation of the controls required by Paragraph (d) of this Rule, and annually thereafter, a written description of waste reduction, elimination, or recycling plan shall be submitted to the Director to determine if ethylene oxide use can be reduced or eliminated through alternative sterilization methods or process modifications.
(f)  The owner or operator of the facility shall conduct a performance test to verify initial efficiency of the control devices. The owner or operator shall maintain temperature records to demonstrate proper operation of the degassing room. For the purposes of this Paragraph, "proper operation" means in accordance with the manufacturer's specifications. Such records shall be retained for a period of at least two calendar years and shall be made available for inspection by Division personnel.
(g)  If the owner or operator of a facility subject to the Rule demonstrates, using the procedures in 15A NCAC 02D .1106, that the emissions of ethylene oxide from all sources at the facility do not cause the acceptable ambient level of ethylene oxide in 15A NCAC 02D .1104 to be exceeded, then the requirements of Paragraphs (d) through (e) of this Rule shall not apply. This demonstration shall be at the option of the owner or operator of the facility. If this option is chosen, the Director shall write the facility's permit to satisfy the requirements of 15A NCAC 02D .1104(a).

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5); 143-215.108(c);
Eff. September 1, 1992;
Amended Eff. June 1, 2004; August 1, 2002;
Readopted Eff. November 1, 2020;
Amended Eff. October 1, 2022.

15a ncac 02d .0539	ODOR CONTROL OF FEED INGREDIENT MANUFACTURING PLANTS
(a)  Applicability. The requirements of this Rule apply to any facility that produces feed-grade animal proteins or feed-grade animal fats and oils, but do not apply to any portions of such facilities engaged exclusively in the processing of food for human consumption.
(b)  This Rule does not apply to those facilities solely engaged in the processing of marine byproducts. Those facilities shall control their odorous emissions pursuant to 15A NCAC 02D .1806.
(c)  A person shall not allow, cause, or permit the operation or use of any device, machine, equipment, or other contrivance to process material to be used in the production of feed-grade animal proteins or feed-grade animal fats and oils unless all gases, vapors, and gas-entrained effluents from these processes are passed through condensers to remove all steam and other condensible materials. All noncondensibles passing through the condensers shall then be incinerated at 1200 degrees Fahrenheit for a period of not less than 0.3 seconds, or treated in an equally effective manner.
(d)  Measurement and Recording Requirements. Any person processing or incinerating gases, vapors, or gas-entrained matter as required by Paragraph (c) of this Rule shall install, operate, and maintain in good working order and calibration continuous measuring and recording devices for equipment operational parameters to document equipment operation in accordance with this Rule. In addition, the owner or operator of the facility shall:
(1)	demonstrate the measuring and recording devices are capable of verifying the compliance status of the equipment on a continuous basis;
(2)	describe the parameters to be used to determine the compliance status and how these parameters:
(A)	are to be measured;
(B)	are to be used to determine compliance status; and
(3)	provide a quality assurance program approved by the Director for all monitoring devices and systems that includes:
(A)	procedures and frequencies for calibration;
(B)	standards traceability;
(C)	operational checks;
(D)	maintenance schedules and procedures;
(E)	auditing schedules and procedures;
(F)	data validation; and
(G)	schedule for implementing the quality assurance program.
These data shall be available to the Director upon request.
(e)  A person shall not allow, cause, or permit the installation or operation of expeller units unless they are properly hooded to ensure that all exhaust gases are collected or ducted to odor control equipment.
(f)  A person subject to this Rule shall not cause or permit any raw material to be handled, transported, or stored, or to undertake the preparation of any raw material without taking reasonable precautions to prevent odors from being discharged. For the purpose of this Rule, such raw material is in "storage" after it has been unloaded at a facility or after it has been located at the facility for at least 36 hours. Reasonable precautions shall include the following:
(1)	storage of all raw material before or in the process of preparation, in properly enclosed and vented equipment or areas, together with the use of effective devices and methods to prevent the discharge of odor bearing gases;
(2)	use of covered vehicles or containers of watertight construction for the handling and transporting of any raw material; and
(3)	use of hoods and fans to enclose and vent the storage, handling, preparation, and conveying of any odorous materials together with effective devices or methods, or both, to prevent emissions of odors or odor bearing gases.
(g)  A vehicle or container holding raw material, which has not been unloaded inside or parked inside an odor controlled area within the facility, shall be unloaded for processing of the raw material prior to the expiration of the following time limits:
(1)	for feathers with only trace amounts of blood, such as those obtained from slaughtering houses that separate blood from offal and feathers, no later than 48 hours after being weighed upon arrival at the facility; and
(2)	for used cooking oil in sealed tankers, no later than 96 hours after being weighed upon arrival at the facility.
(h)  The owner or operator shall notify the regional supervisor of the appropriate regional office within two business days after the provisions of Paragraph (g) of this Rule are not met and the conditions that are encountered that cause or may cause release of excessive and malodorous gases or vapors.
(i)  The owner or operator of a facility shall be in compliance with this Rule before beginning operation.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.66; 143-215.107(a)(5);
Eff. July 1, 1996;
Amended Eff. June 1, 2018; April 1, 2001;
Readopted Eff. November 1, 2020.

15A NCAC 02D .0540	PARTICULATES FROM FUGITIVE DUST EMISSION SOURCES
(a)  For the purpose of this Rule the following definitions apply:
(1)	"Excess fugitive dust emissions" means:
(A)	fugitive dust is visible extending beyond the facility's property line; or
(B)	upon inspection of settled dust on adjacent property, the Division finds that the dust came from the adjacent facility.
(2)	"Fugitive dust emissions" means particulate matter that does not pass through a process stack or vent and that is generated within plant property boundaries from activities such as unloading and loading areas, process areas, stockpiles, stockpile working, plant parking lots, and plant roads, including access roads and haul roads.
(3)	"Production of crops" means:
(A)	cultivation of land for crop planting;
(B)	crop irrigation;
(C)	harvesting;
(D)	on site curing, storage, or preparation of crops; or
(E)	protecting crops from damage or disease conducted according to practices acceptable to the North Carolina Department of Agriculture and Consumer Services.
(4)	"Public parking" means an area dedicated to or maintained for the parking of vehicles by the general public.
(5)	"Public road" means any road that is part of the State highway system or any road, street, or right-of-way dedicated or maintained for public use.
(6)	"Substantive complaints" means complaints that are verified by the Division with physical evidence of excess fugitive dust emissions.
(b)  This Rule does not apply to:
(1)	abrasive blasting covered by 15A NCAC 02D .0541;
(2)	cotton ginning operations covered by 15A NCAC 02D .0542;
(3)	non-production military base operations;
(4)	land disturbing activities that do not require a permit pursuant to 15A NCAC 02Q or are not subject to a requirement pursuant to 15A NCAC 02D, such as clearing, grading, or digging, and related activities such as hauling fill and cut material, building material, or equipment; or
(5)	public roads, public parking, timber harvesting, or production of crops.
(c)  The owner or operator of a facility required to have a permit pursuant to 15A NCAC 02Q or a source subject to a requirement pursuant to 15A NCAC 02D shall not cause or allow fugitive dust emissions to cause or contribute to substantive complaints or visible emissions in excess of that allowed pursuant to Paragraph (e) of this Rule.
(d)  If fugitive dust emissions from a facility required to comply with this Rule cause or contribute to substantive complaints, the owner or operator of the facility shall:
(1)	within 30 days upon receipt of written notification from the Director of a second substantive complaint in a 12-month period, submit to the Director a written report that includes the identification of the probable sources of the fugitive dust emissions causing complaints and what measures can be made to abate the fugitive emissions;
(2)	within 60 days of the initial report submitted pursuant to Subparagraph (1) of this Paragraph, submit to the Director a fugitive dust control plan as described in Paragraph (f) of this Rule; and
(3)	within 30 days after the Director approves the plan pursuant to Paragraph (g) of this Rule, be in compliance with the plan.
(e)  The Director shall require that the owner or operator of a facility covered by Paragraph (c) of this Rule develop and submit a fugitive dust control plan as described in Paragraph (f) of this Rule if:
(1)	ambient air quality measurements or dispersion modeling as provided in 15A NCAC 02D .1106(e) show that the excess fugitive dust emissions cause the ambient air quality standard for particulates in 15A NCAC 02D .0400 to be exceeded; or
(2)	the Division observes excess fugitive dust emissions from the facility beyond the property boundaries for six minutes in any one hour using Reference Method 22 in 40 CFR 60, Appendix A.
(f)  The fugitive dust control plan shall:
(1)	identify the sources of fugitive dust emissions within the facility;
(2)	describe how fugitive dust will be controlled from each identified source;
(3)	contain a schedule by which the plan will be implemented;
(4)	describe how the plan will be implemented, including training of facility personnel; and
(5)	propose any methods that will be used to verify compliance with the plan.
(g)  The Director shall approve the plan if he or she finds that:
(1)	the plan contains all required elements in Paragraph (f) of this Rule;
(2)	the proposed schedule contained in the plan will reduce fugitive dust emissions;
(3)	the methods used to control fugitive dust emissions prevent fugitive dust emissions from causing or contributing to a violation of the ambient air quality standards for particulates; and
(4)	the proposed compliance verification methods verify compliance with the fugitive dust control plan.
If the Director finds that the proposed plan does not meet the requirements of this Paragraph, he or she shall notify the owner or operator of the facility of any deficiencies in the proposed plan. The owner or operator shall have 30 days after receiving written notification from the Director to correct the deficiencies or submit a schedule describing actions to be taken and the time by which they will be implemented.
(h)  If after a plan has been implemented, the Director finds that the plan fails to control excess fugitive dust emissions, he or she shall require the owner or operator of the facility to correct the deficiencies in the plan. Within 90 days after receiving written notification from the Director identifying the deficiency, the owner or operator of the facility shall submit a revision to his or her plan to correct the deficiencies.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 143-215.108(c)(7);
Eff. July 1, 1998;
Amended Eff. July 10, 2010; August 1, 2007;
Readopted Eff. September 1, 2019.

15A NCAC 02D .0541	CONTROL OF EMISSIONS FROM ABRASIVE BLASTING
(a)  For the purpose of this Rule, the following definitions apply:
(1)	"Abrasives" means any material used in abrasive blasting operations.
(2)	"Abrasive blasting" means the operation of cleaning or preparing a surface by forcibly propelling a stream of abrasive material against the surface. Sandblasting is one form of abrasive blasting.
(3)	"Abrasive blasting equipment" means any equipment used in abrasive blasting operations.
(4)	"Building" means a structure with four or more sides and a roof used, in whole or in part, to house or contain abrasive blasting.
(5)	"Fugitive dust emissions" means emissions of particulate matter into the outdoor atmosphere that is not vented or captured by a stack or chimney.
(b)  The owner or operator shall ensure that any abrasive blasting operation conducted outside a building or conducted indoors and vented to the atmosphere is performed in accordance with the requirements set forth in 15A NCAC 02D .0521, Control of Visible Emissions. For the purposes of this Rule, the visible emissions reading for abrasive blasting performed outside a building shall be taken at a spot approximately one meter above the point of abrasive blasting with a viewing distance of approximately five meters.
(c)  Except as provided in Paragraph (d) of this Rule, all abrasive blasting operations shall be conducted within a building.
(d)  An abrasive blasting operation conducted under one or more of the following conditions is not required to be conducted within a building:
(1)	when the item to be blasted exceeds eight feet in any dimension;
(2)	when the surface being blasted is situated at its permanent location or not further away from its permanent location than is necessary to allow the surface to be blasted; or
(3)	when the abrasive blasting operation is conducted at a private residence or farm and the visible emissions created by this abrasive blasting operation do not migrate beyond the property boundary of the private residence or farm on which the abrasive blasting operation is being conducted.
(e)  The owner or operator of any abrasive blasting operation conducted in accordance with Subparagraphs (d)(1) and (d)(2) of this Rule, outside a building, shall take appropriate measures to ensure that the fugitive dust emissions created by the abrasive blasting operation do not migrate beyond the property boundaries in which the abrasive blasting operation is being conducted. Appropriate measures include the following:
(1)	the addition of a suppressant to the abrasive blasting material;
(2)	wet abrasive blasting;
(3)	hydroblasting;
(4)	vacuum blasting;
(5)	shrouded blasting; or
(6)	shrouded hydroblasting.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.108(c)(7); 143-215.108(d)(1);
Eff. July 1, 2000;
Readopted Eff. November 1, 2020.

15A NCAC 02D .0542	CONTROL OF PARTICULATE EMISSIONS FROM COTTON GINNING OPERATIONS
(a)  Purpose. The purpose of this Rule is to establish control requirements for particulate emissions from cotton ginning operations.
(b)  Definitions. For the purposes of this Rule, the following definitions apply:
(1)	"1D-3D cyclone" means any cyclone-type collector of the 1D-3D configuration. This designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinder portion. A 1D-3D cyclone has a cylinder length of 1xD and a cone length of 3xD.
(2)	"2D-2D cyclone" means any cyclone-type collector of the 2D-2D configuration. This designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinder portion. A 2D-2D cyclone has a cylinder length of 2xD and a cone length of 2xD.
(3)	"Bale" means a compressed and bound package of cotton lint, approximately weighing 500 pounds.
(4)	"Existing facility" means a cotton ginning operation site operating prior to July 1, 2002.
(5)	"Ginning operation" means any facility or plant removing seed, lint, trash, or any combination of these from raw cotton or bales of lint cotton.
(6)	"Ginning season" means the period of time during which the gin is in operation, which is generally from September of the current year through January of the following year.
(7)	"High pressure exhausts" means the exhaust air systems at a cotton gin not defined as "low pressure exhausts."
(8)	"Low pressure exhausts" means the exhaust cotton handling systems located at a cotton gin that handle air from the cotton lint handling system and battery condenser.
(c)  Applicability. This rule applies to all new, existing, and modified cotton ginning operations. Existing facilities with a maximum rated capacity of less than 20 bales per hour that do not have cyclones on lint cleaners and
battery condensers as of July 1, 2002 are not required to add:
(1)	the emission control devices in Subparagraph (d)(1) of this Rule to lint cleaning exhausts if emissions from the lint cleaning are controlled by fine mesh screens; and
(2)	the emission control devices in Subparagraph (d)(2) of this Rule to battery condenser exhausts if the emissions from the battery condenser are controlled by fine mesh screens.
(d)  Emission Control Requirements. The owner or operator of each cotton ginning operation shall control particulate emissions from the facility by controlling:
(1)	all high pressure exhausts and lint cleaning exhausts with an emission control system including:
(A)	one or more 1D-3D or 2D-2D cyclones to achieve 95 percent efficiency; or
(B)	a device with a minimum of 95 percent efficiency.
(2)	low pressure exhausts, except lint cleaning exhausts, by an emission control system including:
(A)	one or more 1D-3D or 2D-2D cyclones to achieve 90 percent efficiency; or
(B)	a device with at least a 90 percent efficiency.
Efficiency is based on the removal of particulate matter between the cyclone's inlet and outlet; it is measured using test methods in 15A NCAC 02D .2600.
(e)  Exhaust Rain Caps. Exhausts from emission points or control devices shall not be equipped with exhaust rain caps or other devices that deflect the emissions downward or outward.
(f)  Operation and Maintenance. To ensure optimum control efficiency is maintained, the owner or operator shall establish, based on manufacturers recommendations, an inspection and maintenance schedule for the control devices, other emission processing equipment, and monitoring devices used pursuant to this Rule. The inspection and maintenance schedule shall be followed throughout the ginning season. The results of the inspections and any maintenance performed on the control equipment, emission processing equipment, or monitoring devices shall be recorded in the log book required in Paragraph (k) of this Rule.
(g)  Fugitive Emissions. The owner or operator shall minimize fugitive emissions from cotton ginning operations in accordance with this Paragraph:
(1)	The owner or operator of a
(A)	trash stacker shall:
(i)	install, maintain, and operate a three-sided enclosure with a roof whose sides are high enough above the opening of the dumping device to prevent wind from dispersing dust or debris; or
(ii)	install, maintain, and operate a device to provide wet suppression at the dump area of the trash cyclone and minimize free fall distance of waste material exiting the trash cyclone.
(B)	trash stacker and composting system shall: install, maintain, and operate a wet suppression system providing dust suppression in the auger box assembly and at the dump area of the trash stacker system. The owner or operator shall keep the trash material wet and compost it in place until the material is removed from the dump area for additional composting or disposal.
(2)	Gin Yard. The owner or operator shall clean and dispose of accumulations of trash or lint on the non-storage areas of the gin yard daily.
(3)	Traffic areas. The owner or operator shall clean paved roadways, parking, and other traffic areas at the facility as necessary to prevent re-entrainment of dust or debris. The owner or operator shall treat unpaved roadways, parking, and other traffic areas at the facility with wet or chemical dust suppressant as necessary to prevent dust from leaving the facility's property and shall install and maintain signs limiting vehicle speed to 10 miles per hour where chemical suppression is used and to 15 miles per hour where wet suppression is used.
(4)	Transport of Trash Material. The owner or operator shall ensure all trucks transporting gin trash material are covered and the trucks are cleaned of over-spill material before trucks leave the trash hopper dump area. The dump area shall be cleaned daily.
(h)  Alternative Control Measures. The owner or operator of a ginning operation may petition for use of alternative control measures to those specified in this Rule. The petition shall include:
(1)	the name and address of the petitioner;
(2)	the location and description of the ginning operation;
(3)	a description of the alternative control measure; and
(4)	a demonstration the alternative control measure's effectiveness is equal to or greater than the control device or method specified in this Rule.
(i)  Approval of Alternative Control Measure. The Director shall approve the alternative control measure if he or she finds:
(1)	all the information required by Paragraph (h) of this Rule has been submitted; and
(2)	the alternative control measure's effectiveness is equal to or greater than the control device or method specified in this Rule.
(j)  Monitoring.
(1)	The owner or operator of each ginning operation shall install, maintain, and calibrate monitoring devices measuring pressures, rates of flow, and other operating conditions necessary to determine if the control devices function in accordance with the engineering specifications set forth in the permit.
(2)	Before or during the first week of operation of the 2002-2003 ginning season, the owner or operator of each gin shall conduct a baseline study of the entire dust collection system, without cotton being processed, to ensure air flows stay within the design range for each collection device. For 2D-2D cyclones the air flow design range is 2600 to 3600 feet per minute. For 1D-3D cyclones the design range is 2800 to 3600 feet per minute. For other control devices the air flow design range is that found in the manufacturer's specifications. Gins constructed after the 2002-2003 ginning season shall conduct the baseline study before or during the first week of operation of the first ginning season following construction. During the baseline study the owner or operator shall measure or determine according to the methods specified in this Paragraph and record in a logbook:
(A)	the calculated inlet velocity for each control device; and
(B)	the pressure drop across each control device.
            The owner or operator shall use Method 1 and Method 2 of 40 CFR Part 60 Appendix A to measure flow and static pressure and determine inlet velocity or the USDA method for determining duct velocity and static pressure in Agricultural Handbook Number 503, Cotton Ginners Handbook, dated December 1994. The Cotton Ginners Handbook method shall only be used where test holes are located a minimum of eight and one-half pipe diameters downstream and one and one-half pipe diameters upstream from elbows, valves, dampers, changes in duct diameter or any other flow disturbances. Where Method 2 is used a standard pitot tube may be used in lieu of the s-pitot specified in Method 2 subject to the conditions specified in Paragraph 2.1 of Method 2.
(3)	On a monthly basis following the baseline study, the owner or operator shall measure and record in the logbook the static pressure at each port where the static pressure was measured in the baseline study. Measurements shall be made using a manometer, a Magnahelic(R) gauge, or other device the Director approves as being equivalent to a manometer. If the owner or operator measures a change in static pressure of 20 percent or more from that measured in the baseline study, the owner or operator shall initiate corrective action. Corrective action shall be recorded in the logbook. If corrective action will take more than 48 hours to complete, the owner or operator shall notify the regional supervisor of the region in which the ginning operation is located as soon as possible, but by no later than the end of the day such static pressure is measured.
(4)	When any design changes to the dust control system are made, the owner or operator shall conduct a new baseline study for that portion of the system and shall record the new values in the logbook required in Paragraph (k) of this Rule. Thereafter monthly static pressure readings for that portion of the system shall be compared to the new values.
(5)	During the ginning season, the owner or operator shall daily inspect for structural integrity of the control devices and other emissions processing systems and shall ensure that the control devices and emission processing systems conform to normal and proper operation of the gin. If a problem is found, corrective action shall be taken and recorded in the logbook required in Paragraph (k) of this Rule.
(6)	At the conclusion of the ginning season, the owner or operator shall conduct an inspection of the facility to identify all scheduled maintenance activities and repairs needed relating to the maintenance and proper operation of the air pollution control devices for the next season. Any deficiencies identified through the inspection shall be corrected before beginning operation of the gin for the next season.
(k)  Recordkeeping. The owner operator shall establish and maintain on-site a logbook documenting the following items:
(1)	results of the baseline study as specified in Subparagraph (j)(2) of this Rule;
(2)	results of new baseline studies as specified in Subparagraph (j)(4) of this Rule;
(3)	results of monthly static pressure checks and any corrective action taken as specified in Subparagraph (j)(3) of this Rule;
(4)	observations from daily inspections of the facility and any resulting corrective actions taken as required in Subparagraph (j)(5) of this Rule; and
(5)	a copy of the manufacturer's specifications for each type of control device installed.
The logbook shall be maintained on site and made available to Division representatives upon request.
(l)  Reporting. The owner or operator shall submit by March 1 of each year a report containing the following:
(1)	the name and location of the cotton gin;
(2)	the number of bales of cotton produced during the previous ginning season;
(3)	a maintenance and repair schedule based on inspection of the facility at the conclusion of the previous cotton ginning season required in Subparagraph (j)(6) of this Rule; and
(4)	signature of the responsible official as identified in 15A NCAC 02Q .0303.
(m)  Compliance Schedule. Existing sources shall comply as specified in Paragraph (d) of this Rule. New and modified sources shall be in compliance upon start-up.
(n)  Record retention. The owner or operator shall retain all records required to be kept by this Rule for three years from the date of recording.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. August 1, 2002;
Amended Eff. June 1, 2008;
Readopted Eff. November 1, 2020.

15A NCAC 02D .0543	Best Available Retrofit Technology
(a)  For the purposes of this Rule, the definitions at 40 CFR 51.301 shall apply.
(b)  Mandatory Class I Federal areas are identified in 40 CFR Part 81, Subpart D.
(c)  The Director shall have the maximum flexibility allowed pursuant to 40 CFR 51.308 or 40 CFR Part 51, Appendix Y.
(d)  This Rule applies to BART-eligible sources meeting the requirements of 40 CFR Part 51, Appendix Y causing or contributing to any visibility impairment in a mandatory Class I Federal area as determined using 40 CFR Part 51, Subpart P.
(e)  Unless exempted pursuant to 40 CFR 51.303, the owner or operator of a BART-eligible emission unit subject to this Rule shall perform a best available retrofit technology (BART) evaluation. Pursuant to 40 CFR 51.308, the evaluation shall include:
(1)	the technology available;
(2)	the cost of compliance;
(3)	the energy and non-air quality environmental impacts of compliance;
(4)	any pollution control equipment in use at the source;
(5)	the remaining useful life of the source; and
(6)	the degree of improvement in visibility reasonably anticipated to result from the use of such technology.
(f)  The owner or operator of a BART-subject emission unit shall install, operate, and maintain BART as approved by the Director after considering the factors listed in Paragraph (e) of this Rule and incorporated in the unit's permit issued pursuant to 15A NCAC 02Q.
(g)  BART shall be determined using "Guidelines for Determining Best Available Retrofit Technology for Coal-fired Power Plants and Other Existing Stationary Facilities" (1980), 40 CFR 51.308(e)(1)(ii), and 40 CFR Part 51, Appendix Y.
(h)  "Guidelines for Determining Best Available Retrofit Technology for Coal-fired Power Plants and Other Existing Stationary Facilities" is incorporated by reference, exclusive of appendix E, and shall include any later amendments or editions. This document, which was published in the Federal Register on February 6, 1980 (45 FR 8210), is EPA publication No. 450/3 - 80 - 009b and can be obtained from the National Service Center for Environmental Publications (NSCEP) available for free through their online publication search tool at: https:/www.epa.gov/nscep. The document is also available through the U.S. Department of Commerce, National Technical Information Service located at 5301 Shawnee Road Alexandria, VA 22312.

History Note:	Authority G.S.143-215.3(a)(1); 143-215.107(a)(5),(10);
Eff. September 1, 2006;
Amended Eff. May 1, 2007;
Readopted Eff. November 1, 2020.

15A NCAC 02D .0544	PREVENTION OF SIGNIFICANT DETERIORATION Requirements FOR GreeNHouse GASES
(a)  The purpose of this Rule is to implement a program for the prevention of significant deterioration of air quality for greenhouse gases as required by 40 CFR 51.166. The minimum requirements described in the portions of 40 CFR 51.166 are hereby adopted as requirements under this Rule, except as otherwise provided in this Rule. Wherever the language of the portions of 40 CFR 51.166 adopted in this Rule speaks of the "plan," the requirements described therein shall apply to the source to which they pertain, except as otherwise provided in this Rule. Whenever the portions of 40 CFR 51.166 adopted in this Rule provide that the State plan may exempt or not apply certain requirements in certain circumstances, those exemptions and provisions of non-applicability are also hereby adopted under this Rule. However, this provision shall not be interpreted so as to limit information that may be requested from the owner or operator by the Director as specified in 40 CFR 51.166(n)(2). For purposes of greenhouse gases, the provisions of this Rule shall apply rather than the provisions in 15A NCAC 02D .0530. For all other regulated new source review (NSR) pollutants, the provisions in 15A NCAC 02D .0530 shall apply. A major stationary source or major modification shall not be required to obtain a prevention of significant deterioration (PSD) permit on the sole basis of its greenhouse gases emissions.
(b)  For the purposes of this Rule, the definitions contained in 40 CFR 51.166(b) and 40 CFR 51.301 shall apply except the definition of "baseline actual emissions." "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with Subparagraphs (1) through (3) of this Paragraph:
(1)	For an existing emissions unit, baseline actual emissions means the average rate, in tons per year, at which the emissions unit emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period preceding the date that a complete permit application is received by the Division for a permit required under this Rule. The Director shall allow a different time period, not to exceed 10 years preceding the date that a complete permit application is received by the Division, if the owner or operator demonstrates that it is more representative of normal source operation. For the purpose of determining baseline actual emissions, the following shall apply:
(A)	The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions;
(B)	The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period;
(C)	For an existing emission unit, other than an electric utility steam generating unit, the average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source shall currently comply. However, if the State has taken credit in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G) for an emission limitation that is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under part 63 of the Code of Federal Regulations, the baseline actual emissions shall be adjusted to account for such emission reductions;
(D)	For an electric utility steam generating unit, the average rate shall be adjusted downward to reflect any emissions reductions under G.S. 143-215.107D and for which cost recovery is sought pursuant to G.S. 62-133.6;
(E)	For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period for each regulated NSR pollutant can be used for each regulated NSR pollutant; and
(F)	The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Parts (B) and (C) of this Subparagraph;
(2)	For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit; and
(3)	For a plantwide applicability limit (PAL) for a stationary source, the baseline actual emissions shall be calculated for existing emissions units in accordance with the procedures contained in Subparagraph (1) of this Paragraph and for a new emissions unit in accordance with the procedures contained in Subparagraph (2) of this Paragraph.
(c)  In the definition of "net emissions increase," the reasonable period specified in 40 CFR 51.166(b)(3)(ii) shall be seven years.
(d)  In the definition of "subject to regulation", a greenhouse gas's global warming potential is the global warming potential published at Table A-1 of Subpart A of 40 CFR Part 98 and shall include subsequent amendments and editions.
(e)  The limitation specified in 40 CFR 51.166(b)(15)(ii) shall not apply.
(f)  Major stationary sources and major modifications shall comply with the requirements contained in 40 CFR 51.166(i) and (a)(7) and by extension in 40 CFR 51.166(j) through (r) and (w).
(g)  40 CFR 51.166(w)(10)(iv)(a) is changed to read: "If the emissions level calculated in accordance with Paragraph (w)(6) of this Section is equal to or greater than 80 percent of the PAL [plant wide applicability limit] level, the Director shall renew the PAL at the same level." 40 CFR 51.166(w)(10)(iv)(b) is not incorporated by reference.
(h)  15A NCAC 02Q .0102 is not applicable to any source to which this Rule applies. The owner or operator of the sources to which this Rule applies shall apply for and receive a permit as required in 15A NCAC 02Q .0300 or .0500.
(i)  When a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation that was established after August 7, 1980, on the capacity of the source or modification to emit a pollutant, such as a restriction on hours of operation, then the provisions of this Rule shall apply to the source or modification as though construction had not yet begun on the source or modification.
(j)  The provisions of 40 CFR 52.21(r)(2) regarding the period of validity of approval to construct are incorporated by reference except that the term "Administrator" is replaced with "Director".
(k)  Permits may be issued based on innovative control technology as set forth in 40 CFR 51.166(s)(1) if the requirements of 40 CFR 51.166(s)(2) have been met, subject to the condition of 40 CFR 51.166(s)(3), and with the allowance set forth in 40 CFR 51.166(s)(4).
(l)  A permit application subject to this Rule shall be processed in accordance with the procedures and requirements of 40 CFR 51.166(q). Within 30 days of receipt of the application, applicants shall be notified if the application is complete as to initial information submitted. Commencement of construction before full prevention of significant deterioration approval is obtained constitutes a violation of this Rule.
(m)  Approval of an application with regard to the requirements of this Rule shall not relieve the owner or operator of the responsibility to comply with applicable provisions of other rules of this Subchapter or 15A NCAC 02Q and any other requirements under local, State, or federal law.
(n)  In lieu of the requirements in 40 CFR 51.166(r)(6) and (7), this Paragraph shall apply. If the owner or operator of a source is using projected actual emissions to determine applicability with prevention of significant deterioration requirements, the owner or operator shall notify the Director of the modification before beginning actual construction. The notification shall include:
(1)	a description of the project;
(2)	identification of sources whose emissions could be affected by the project;
(3)	the calculated projected actual emissions and an explanation of how the projected actual emissions were calculated, including identification of emissions excluded by 40 CFR 51.166(b)(40)(ii)(c);
(4)	the calculated baseline actual emissions in Subparagraph (b)(1) of this Rule an explanation of how the baseline actual emissions were calculated; and
(5)	any netting calculations, if applicable.
If upon reviewing the notification, the Director finds that the project will require a prevention of significant deterioration evaluation, then the Director shall notify the owner or operator of his or her findings and the owner or operator shall not make the modification until a prevention of significant deterioration permit has been issued pursuant to this Rule. If the Director finds that the project will not require a prevention of significant deterioration evaluation and the projected actual emissions, calculated pursuant to 40 CFR 51.166(b)(40)(ii)(a) and (b), minus the baseline actual emissions, is 50 percent or greater of the amount that is a significant emissions increase, without reference to the amount that is a significant net emissions increase, for the regulated NSR pollutant, then, the Director shall require a permit application to include a permit condition for the monitoring, recordkeeping, and reporting of the annual emissions related to the project in tons per year, for 10 years following resumption of regular operations after the change if the project involves increasing the emissions unit's design capacity or its potential to emit for the regulated NSR pollutant; otherwise these records shall be maintained for five years following resumption of regular operations after the change. The owner or operator shall submit a report to the Director within 60 days after the end of each year during which these records must be generated. The report shall contain the items listed in 40 CFR 51.166(r)(6)(v)(a) through (c). The owner or operator shall make the information documented and maintained under this Paragraph available to the Director or the general public pursuant to the requirements in 40 CFR 70.4(b)(3)(viii). The monitoring, recordkeeping, and reporting requirements in this Paragraph shall not apply if the projected actual emissions, calculated pursuant to 40 CFR 51.166(b)(40)(ii)(a) and (b), minus the baseline actual emissions, is less than 50 percent of the amount that is a significant emissions increase, without reference to the amount that is a significant net emissions increase, for the regulated NSR pollutant.
(o)  Portions of the regulations in the Code of Federal Regulations (CFR) that are referred to in this Rule are incorporated by reference unless a specific reference states otherwise. The version of the CFR incorporated in this Rule, with respect to 40 CFR 51.166, is that as of July 1, 2019 at https://www.govinfo.gov/content/pkg/CFR-2019-title40-vol2/pdf/CFR-2019-title40-vol2-sec51-166.pdf and does not include any subsequent amendments or editions. Federal regulations referenced in 40 CFR 51.166 shall include subsequent amendments and editions. This Rule is applicable in accordance with 40 CFR 51.166(b)(48) and (b)(49)(iv) and (v). The publication may be accessed free of charge.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3); 143-215.107(a)(5); 143-215.107(a)(7); 143-215.108(b); 150B-21.6;
Eff. January 28, 2011 pursuant to E.O. 81, Beverly E. Perdue;
Pursuant to G.S. 150B-21.3(c), a bill was not ratified by the General Assembly to disapprove this rule;
Temporary Amendment Eff. December 23, 2011;
Amended Eff. July 1, 2012;
Temporary Amendment Eff. December 2, 2014;
Amended Eff. September 1, 2015;
Readopted Eff. November 1, 2020.

15A NCAC 02D .0546	Control of EMISSIONS FROM log fumigation operations
(a)  Purpose. The purpose of this Rule is to establish emission control requirements for hazardous air pollutants and toxic air pollutants from log fumigation operations.
(b)  Definitions. For the purpose of this Rule, the following definitions and definitions in this Subchapter or 15A NCAC 02Q apply:
(1)	"Bulk or tarpaulin log fumigation" means the fumigation of logs that are placed in piles on an impermeable surface and covered with a weighted-down tarpaulin.
(2)	"Chamber log fumigation" means the fumigation of logs inside a sealed building or structure that is specifically used for fumigation. Chambers used for fumigation may be either atmospheric or vacuum type.
(3)	"Container log fumigation" means the fumigation of logs inside a container where the doors of the container are closed and sealed.
(4)	"Fumigant" means the hazardous air pollutant or toxic air pollutant that is used to eliminate the pests within the logs.
(5)	"Fumigation operation" means the period of time that the fumigant is injected and retained in the container, chamber, or bulk piles for the purposes of treating the logs for insects and other pests to prevent the transfer of exotic organisms.
(6)	"Hazardous air pollutant" means a pollutant listed under Section 112(b) of the federal Clean Air Act in 42 U.S.C. 7412(b).
(7)	"Public right-of-way" means an area where people may reasonably be expected to be present for any part of a 24-hour period.
(8)	"Toxic air pollutant" means a carcinogen, chronic toxicant, acute systemic toxicant, or acute irritant that is listed in 15A NCAC 02D .1104.
(c)  Applicability. This Rule shall apply to new, existing, and modified bulk, chamber, and container log fumigation operations that use a hazardous air pollutant or toxic air pollutant as a fumigant.
(d)  Emission Control Requirements. The owner or operator of a log fumigation operation shall comply with the Toxic Air Pollutant Guidelines specified in 15A NCAC 02D .1104 and follow the procedures specified in 15A NCAC 02D .1106, 15A NCAC 02Q .0709, and .0710.
(e)  The owner or operator shall post signs notifying the public of fumigation operations. The signs shall be visible and legible to the public at the fence or property line closest to a public right-of-way. The signs shall remain in place permanently and shall conform to the format for placards mandated by the federally approved fumigant label.
(f)  Monitoring, Recordkeeping, and Reporting. The owner or operator of a bulk, chamber, or container log fumigation operation shall comply with the requirements pursuant to 15A NCAC 02D .0600 and the following requirements:
(1)	The owner or operator shall send an initial notification of commencement of operations to the Division of Air Quality regional office within 15 days of initial fumigation start-up.
(2)	The owner or operator shall submit quarterly summary reports, signed by the permittee or the authorized responsible official, of the monitoring and recordkeeping activities. Within 30 days after the end of the calendar year quarter, reports shall be postmarked or received by the Division in accordance with 15A NCAC 02D .0605(i). The report shall contain the following:
(A)	the company name, address, and facility ID number;
(B)	the calendar year quarter represented by the report;
(C)	the daily and total fumigant usage in pounds for the quarter;
(D)	a summary of the monitoring data required by the permit that was collected during the quarter; and
(E)	a summary of deviations from the monitoring parameters or allowable operating levels established in the permit.
(g)  Compliance Schedule. The owner or operator of an existing log fumigation operation subject to this Rule shall achieve compliance within 60 days after the Rule is effective or in accordance with an alternate compliance schedule approved by the Director. In establishing an alternate compliance schedule, the Director shall consider whether the compliance approach chosen by the facility involves the purchase and installation of a control device. New and modified facilities shall achieve compliance with this Rule upon start-up.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4); 143-215.107(a)(5);
Eff. November 1, 2020;
Amended Eff. September 1, 2023.

SECTION .0600 - MONITORING: RECORDKEEPING: REPORTING

15A NCAC 02D .0601	PURPOSE AND SCOPE
(a)  The purpose of this Section is to set forth the requirements of the Commission for monitoring air pollution emissions and filing reports covering their discharge into the outdoor atmosphere of the state.
(b)  This Section shall apply to all persons subject to the provisions of Subchapters 02D or 02Q of this Chapter.
(c)  Monitoring, recordkeeping, and reporting may also be required by other rules including 15A NCAC 02D .0524, .0536, .1110, or .1111.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. February 1, 1976;
Amended Eff. July 1, 1984; June 18, 1976;
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Amended Eff. April 1, 1999; July 1, 1996; July 1, 1994;
Readopted Eff. November 1, 2019.

15A NCAC 02D .0602	DEFINITIONS
For the purpose of this Section, the following definitions apply:
(1)	"Applicable requirement" means any rule, standard, or requirement established in Subchapters 02D or 02Q of this Chapter or Article 21 of the North Carolina General Statutes.
(2)	"Calendar quarter" means:
(a)	the time period from January 1 through March 31;
(b)	the time period from April 1 through June 30;
(c)	the time period from July 1 through September 30; or
(d)	the time period from October 1 through December 31.
(3)	"Capacity factor" means the ratio of the average load on a machine or equipment for a defined time period considered to the capacity rating of the machine or equipment.
(4)	"Distillate oils" means fuel oil, including recycled oil, that complies with the specifications for fuel oil numbers 1 or 2, as defined by the American Society for Testing and Materials in ASTM D-396, "Standard Specification for Fuel Oils."
(5)	"Emission standard" means a State rule or federal regulation setting forth:
(a)	an allowable rate of emissions, level of opacity, or prescribing equipment;
(b)	fuel specifications;
(c)	workplace standards; or
(d)	material usage that result in control of air pollution emissions.
(6)	"Excess emissions" means emissions of an air pollutant in excess of an emission standard.
(7)	"Fossil fuel-fired steam generator" means a furnace or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.
(8)	"Good operation and maintenance" means minimizing air pollutant emissions from air pollution control equipment, reducing equipment malfunctions, and ensuring continued compliance with State rules, federal regulations, and permit requirements.
(9)	"Nitric acid plant" means any facility producing nitric acid 30 to 70 percent in strength by either the pressure or atmospheric pressure process.
(10)	"Permit condition" means:
(a)	a condition set to comply with or to avoid any applicable requirement; or
(b)	a condition set to maintain compliance with toxic air pollutant acceptable ambient levels or ambient air quality standards.
(11)	"Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate oils, residual oils, lubricants, or other products through the distillation of petroleum or through the redistillation, cracking, or reforming of unfinished petroleum derivatives.
(12)	"Residual oils" means crude oil, fuel oil that does not comply with the specifications according to the definition of distillate oil, or all fuel oil numbers 4, 5, and 6, as defined by the American Society for Testing and Materials in ASTM D-396, "Standard Specification for Fuel Oils."
(13)	"Sulfuric acid plant" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge, but does not include facilities where conversion to sulfuric acid is used primarily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. February 1, 1976;
Amended Eff. April 1, 1999; July 1, 1984; June 18, 1976;
Readopted Eff. November 1, 2019.

15A NCAC 02D .0604	EXCEPTIONS TO MONITORING AND REPORTING REQUIREMENTS
(a)  Unless a rule specifies otherwise, during a period of monitoring system malfunction the owner or operator of a source shall not be required to monitor or report emissions if the owner or operator of the source shows that the malfunction was unavoidable, is being repaired as expeditiously as practicable, and no applicable requirements are violated. The owner or operator of the source shall, upon request of the Director, provide documentation of continuous monitoring system performance when system repairs or adjustments have been made. Malfunctions of the monitoring system that result from inadequate or poor operation and maintenance practices shall not be exempted from monitoring and reporting requirements. Operation and maintenance practices may be specified by the manufacturer, federal regulation, Rule, or a permit condition.
(b)  The owner or operator of a source that operates less than 30 days per 12-month period shall not be required to monitor emissions from that source unless Subchapters 02D and 02Q of this Chapter specifies otherwise. However, the owner or operator shall maintain records to document that the source was operated less than 30 days per 12-month period.
(c)  The owner or operator of a source exempted from needing a permit by 15A NCAC 02Q .0102 shall not be required to monitor emissions from that source unless;
(1)	required by a specific rule in Subchapters 02D and 02Q of this Chapter, or
(2)	required as a part of an enforcement settlement.
However, the owner or operator shall maintain records to document that the source qualifies for the permit exemption.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;143-215.107(a)(4);
Eff. February 1, 1976;
Amended Eff. April 1, 1999; July 1, 1996; July 1, 1988; July 1, 1984; June 18, 1976;
Readopted Eff. November 1, 2019.

15A NCAC 02D .0605	GENERAL RECORDKEEPING AND REPORTING REQUIREMENTS
(a)  The owner or operator of a source subject to a requirement of Subchapters 02D or 02Q of this Chapter shall maintain:
(1)	records detailing malfunctions pursuant to 15A NCAC 02D .0535;
(2)	records of testing conducted pursuant to rules in Subchapter 02D;
(3)	records of monitoring conducted pursuant to Subchapters 02D or 02Q of this Chapter;
(4)	records detailing activities relating to compliance schedules in this Subchapter; and
(5)	for unpermitted sources, records needed to determine compliance with rules in Subchapters 02D or 02Q of this Chapter.
(b)  The permit shall specify:
(1)	the type of monitoring required and the frequency of the monitoring;
(2)	the type of records to be maintained; and
(3)	the type of reports to be submitted and the frequency of submitting these reports needed to determine compliance with rules in Subchapters 02D or 02Q of this Chapter or with an emission standard or permit condition.
(c)  The Director may require the owner or operator of the source subject to the requirements in Subchapters 02D or 02Q of this Chapter to submit to the Director information needed to determine the compliance status of the source.
(d)  The owner or operator of a source of excess emissions that last for more than four hours and that results from a malfunction, a breakdown of process or control equipment, or other abnormal conditions shall report excess emissions in accordance with the requirements of 15A NCAC 02D .0535.
(e)  Copies of records and reports required to demonstrate compliance with the requirements of 15A NCAC 02D .0600 shall be retained by the owner or operator for a period of two years after the date that the record was made or the report submitted, except that the retention period shall be extended if needed to comply with other State or federal requirements.
(f)  Records and reports required to demonstrate compliance with the requirements of 15A NCAC 02D .0600 shall be made available to personnel of the Division for inspection.
(g)  The owner or operator of a source subject to the requirements of 15A NCAC 02D .0600 shall comply with the requirements of 15A NCAC 02D .0600 at his or her own cost.
(h)  No person shall falsify information required by a rule in Subchapter 02D or a permit issued pursuant to Subchapter 02Q. No person shall knowingly submit falsified information required by a rule in Subchapter 02D or a permit issued pursuant to Subchapter 02Q of this Chapter.
(i)  Reports, notifications, records, or other documentation required by 15A NCAC 02D and 02Q to be provided to the Division or a regional office shall be submitted as follows:
(1)	Except as specified in Subparagraph (2) of this Paragraph, submit the documents in hard copy format to the Director, Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-1641, or regional office in accordance with 15A NCAC 02D .0103.
(2)	After the Division makes available a system for receiving electronic submittals, as identified in 15A NCAC 02Q .0104(c)(1), documents may be submitted in electronic format through the electronic reporting system in lieu of the procedures in Subparagraph (1) of this Paragraph.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. February 1, 1976;
Amended Eff. January 1, 2007; April 1, 1999; July 1, 1984; June 18, 1976;
Readopted Eff. November 1, 2019;
Amended Eff. September 1, 2023.

15A NCAC 02D .0606	SOURCES COVERED BY APPENDIX P OF 40 CFR PART 51
(a)  The following sources shall be monitored as described in 40 CFR Part 51, Appendix P:
(1)	fossil fuel-fired steam generators;
(2)	nitric acid plants;
(3)	sulfuric acid plants; and
(4)	petroleum refineries.
Sources covered by 15A NCAC 02D .0524 shall be exempt from this Rule.
(b)  The monitoring systems required by Paragraph (a) of this Rule shall meet the minimum specifications described in Paragraphs 3.3 through 3.8 of Appendix P of 40 CFR Part 51.
(c)  The excess emissions recorded by the monitoring systems required to be installed by this Rule shall be reported no later than 30 days after the end of the quarter to the Division in the manner described in Paragraphs 4 and 5.1 through 5.3.3 of Appendix P of 40 CFR Part 51 except that a six-minute time period shall be an appropriate alternative opacity averaging period as described in Paragraph 4.2 of Appendix P of 40 CFR Part 51. The owner or operator of any source subject to this Rule that is required to monitor emissions of sulfur dioxide or nitrogen oxides pursuant to any other State rule or federal regulation with continuous emission monitoring systems, shall monitor compliance with the sulfur dioxide emission standard in 15A NCAC 02D .0516, shall monitor the nitrogen oxide emission standard in 15A NCAC 02D .0519 or 15A NCAC 02D .1400 with a continuous emission monitoring system. Compliance with sulfur dioxide and nitrogen oxide emission standards shall be determined by averaging hourly continuous emission monitoring system values over a 24-hour block period beginning at midnight. To compute the 24-hour block average, the average hourly values shall be added and the sum shall be divided by 24. With the exception of opacity monitoring, a minimum of four data points containing one data point in each of the 15-minute quadrants of the hour shall be required to determine a valid hour value unless the continuous emission monitoring system is installed to meet the provisions of 40 CFR Part 75. If a continuous emission monitoring system is installed that meets the requirements of 40 CFR Part 75, the minimum number of data points shall be determined by 40 CFR Part 75.
(d)  For emissions of sulfur dioxide, fuel analysis may be used in place of a continuous emissions monitoring system if the source is not required to monitor emissions of sulfur dioxide using a continuous emissions monitoring system pursuant to another State rule or federal regulation. If fuel analysis is used as an alternative method to determine emissions of sulfur dioxide, the test methods described in 15A NCAC 02D .2600 shall be used except that gross or composite samples, gross caloric value, moisture content, and sulfur content shall be determined per shipment. Alternatively, gross or composite samples, gross caloric value, moisture content, and sulfur content may be determined by sampling the fuel as fired if the owner or operator demonstrates that sampling as fired provides a more accurate estimate of sulfur dioxide emissions than sampling each shipment. If sulfur dioxide emissions are determined by sampling fuel as fired, then a fuel sample shall be taken every four hours. These four-hour samples shall be composited into a daily sample, and the daily sample shall be composited into a weekly sample. This weekly sample shall be analyzed using the procedures in 15A NCAC 02D .2600. The sulfur dioxide emission rate shall also be determined using fuel analysis data. Sulfur retention credit shall be granted and used for computing sulfur dioxide emission rates if a source, on a case-by-case basis, quantitatively and empirically demonstrates the sulfur retention.
(e)  If a referenced portion of Appendix P of 40 CFR Part 51 speaks of the "state" or "state plan," the requirements described in Appendix P of 40 CFR Part 51 shall apply to those sources to which the requirements pertain.
(f)  The owner or operator of the source shall conduct a daily zero and span check of the continuous opacity monitoring system and continuous emission monitoring system following the manufacturer's recommendations and shall comply with the requirements 15A NCAC 02D .0613.
(g)  The owner or operator of the source may request to use a different procedure or methodology than that required by this Rule if one of the conditions identified in 40 CFR Part 51, Appendix P, Section 3.9 exists. The person requesting to use a different procedure or methodology shall submit the request to the Director along with a description of the different procedure or methodology proposed to be used, an explanation of why the procedure or methodology required by this Rule will not work, and a showing that the proposed procedure or methodology is equivalent to the procedure or methodology being replaced. The Director shall approve the use of this procedure or methodology if one of the conditions identified in 40 CFR Part 51, Appendix P, Section 3.9 exists, the procedure or methodology required by this Rule will not work, and that the proposed procedure or methodology is equivalent to the procedure or methodology that it will replace.
(h)  The owner or operator of the source shall report to the Director no later than 30 days following the end of the quarter the following information:
(1)	for fuel analysis per shipment:
(A)	the quantity and type of fuels burned;
(B)	the BTU value;
(C)	the sulfur content in percent by weight; and
(D)	the calculated sulfur dioxide emission rates expressed in the same units as the applicable standard.
(2)	for continuous monitoring of emissions:
(A)	the daily calculated sulfur dioxide and nitrogen oxide emission rates expressed in the same units as the applicable standard for each day; and
(B)	other information required by Appendix P of 40 CFR Part 51.
(i)  If emission testing for compliance with the sulfur dioxide emission standard is required, the testing shall be done according to 40 CFR Part 60, Appendix A, Method 6, 6C, or other approved methods in 15A NCAC 02D .2600.
(j)  If emission testing for compliance with the nitrogen oxide emission standard is required, the testing shall be done according to 40 CFR Part 60, Appendix A, Method 7, 7E, or other approved methods in 15A NCAC 02D .2600.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. February 1, 1976;
Amended Eff. June 1, 2008; January 1, 2005; April 1, 2003; April 1, 1999; May 1, 1985; July 1, 1983; December 1, 1976; June 18, 1976;
Readopted Eff. November 1, 2019.

15A NCAC 02D .0607	LARGE WOOD AND WOOD-FOSSIL FUEL COMBINATION UNITS
(a)  This Rule shall apply to wood-fired steam generator units with a heat input from wood fuels, or the sum of the heat inputs from wood fuels and liquid or solid fossil fuels for generators not covered by 15A NCAC 02D .0524 or .0606, that exceeds 250 million Btu per hour and with an annual average capacity factor greater than 30 percent as demonstrated to the Director by the owner or operator of the source.
(b)  The owner or operator of a wood-fired steam generator unit governed by this Rule shall install, calibrate, maintain, and operate, as specified in 40 CFR Part 60 Appendix B Performance Specification 1, opacity continuous emission monitoring systems on all stacks discharging the flue gases from one or more steam generator units governed by this Rule.
(c)  The owner or operator of the source shall conduct a daily zero and span check of the opacity continuous emission monitoring system following the manufacturer's recommendations and shall comply with the requirements of 15A NCAC 02D .0613.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. July 1, 1999; July 1, 1984; June 18, 1976;
Readopted Eff. November 1, 2019.

15A NCAC 02D .0608	OTHER LARGE COAL OR RESIDUAL OIL BURNERS
(a)  The owner or operator of a fuel burning unit shall determine sulfur dioxide emissions into the ambient air if the unit:
(1)	burns coal or residual oil;
(2)	is not required to monitor sulfur dioxide emissions by 15A NCAC 02D .0524 or 02D .0606;
(3)	has a total heat input of more than 250 million Btu per hour from coal and residual oil; and
(4)	has an annual average capacity factor greater than 30 percent as determined from the three most recent calendar year reports to the Federal Power Commission or as otherwise demonstrated by the owner or operator. If the unit has not been in existence for three calendar years, its three-calendar-year average capacity factor shall be determined by estimating its annual capacity factors for enough future years to allow a three-calendar-year average capacity factor to be computed. If this three-calendar-year average capacity factor exceeds 30 percent, the unit shall be monitored. If this three-calendar-year average capacity factor does not exceed 30 percent, the unit is not required to be monitored.
(b)  Once the unit is being monitored in accordance with Paragraph (a) of this Rule, it shall continue to be monitored until its most recent three-calendar-year average capacity factor does not exceed 25 percent. If the unit is not being monitored in accordance with Subparagraph (a) of this Rule, it need not be monitored until its most recent three-calendar-year average capacity factor exceeds 35 percent.
(c)  If units required to be monitored have a common exhaust or if units required to be monitored have a common exhaust with units not required to be monitored, then the common exhaust may be monitored and the sulfur dioxide emissions are not required to be apportioned among the units with the common exhaust.
(d)  The owner or operator of the source shall determine sulfur dioxide emissions by:
(1)	an instrument for continuous monitoring and recording of sulfur dioxide emissions; or
(2)	analyses of representative samples of fuels to determine Btu value and percent sulfur content.
(e)  The owner or operator of a source subject to this Rule that is required to monitor emissions of sulfur dioxide pursuant to any State rule or federal regulation with continuous emission monitoring systems shall monitor compliance with the sulfur dioxide emission standard in 15A NCAC 02D .0516 with a continuous emission monitoring system. Compliance with sulfur dioxide emission standards shall be determined by averaging hourly continuous emission monitoring system values over a 24-hour block period beginning at midnight. To compute the 24-hour block average, the average hourly values are added and the sum shall be divided by 24. With the exception of opacity monitoring, a minimum of four data points, containing one data point in each of the 15-minute quadrants of the hour is required to determine a valid hour value unless the continuous emission monitoring system is installed that meets the requirements of 40 CFR Part 75. If a continuous emission monitoring system is installed that meets the requirements of 40 CFR Part 75, the minimum number of data points shall be determined by 40 CFR Part 75.
(f)  For emissions of sulfur dioxide, fuel analysis may be used in place of a continuous emissions monitoring system if the source is not required to monitor emissions of sulfur dioxide using a continuous emissions monitoring system pursuant to a State rule or federal regulation. If fuel analysis is used as an alternative method to determine emissions of sulfur dioxide, then:
(1)	for coal, the test methods described in 15A NCAC 02D .2600 shall be used except that gross or composite samples, gross caloric value, moisture content, and sulfur content shall be determined per shipment. Alternatively, gross or composite samples, gross caloric value, moisture content, and sulfur content may be determined by sampling the fuel as fired if the owner or operator demonstrates that sampling as fired provides a more accurate estimate of sulfur dioxide emissions than sampling each shipment. If sulfur dioxide emissions are determined by sampling fuel as fired, then a fuel sample shall be taken every four hours. These four-hour samples shall be composited into a daily sample and the daily sample shall be composited into a weekly sample. This weekly sample shall be analyzed using the procedures in 15A NCAC 02D .2600. The sulfur dioxide emission rate shall also be determined using fuel analysis data. Sulfur retention credit shall be granted and used for computing sulfur dioxide emission rates if a source, on a case-by-case basis, quantitatively and empirically demonstrates the sulfur retention.
(2)	for residual oil, the test methods described in 15A NCAC 02D .2600 shall be used except that sulfur content shall be determined per shipment. Alternatively, gross or composite samples, gross caloric value, moisture content, and sulfur content may be determined sampling the fuel as fired if the owner or operator demonstrates that by sampling as fired provides a more accurate estimate of sulfur dioxide emissions than sampling each shipment. If sulfur dioxide emissions are determined by sampling fuel as fired, then a fuel sample shall be taken every four hours. These four-hour samples shall be composited into a daily sample and the daily sample shall be composited into a weekly sample. This weekly sample shall be analyzed using the procedures in Section .2600 of this Subchapter. Residual oil shall be collected in accordance with ASTM D4177 or D4057.
(g)  The owner or operator of the source may request to use a different procedure or methodology than that required by this Rule if one of the conditions identified in 40 CFR Part 51, Appendix P, Section 3.9 exists. The person requesting to use a different procedure or methodology shall submit the request to the Director along with a description of the different procedure or methodology proposed to be used, an explanation of why the procedure or methodology required by this Rule will not work, and a showing that the proposed procedure or methodology is equivalent to the procedure or methodology being replaced. The Director shall approve the use of this procedure or methodology if he or she finds that one of the conditions identified in 40 CFR Part 51, Appendix P, Section 3.9 exists, that the procedure or methodology required by this Rule will not work, and that the proposed procedure or methodology is equivalent to the procedure or methodology that it will replace.
(h)  The owner or operator of the source shall report to the Director no later than 30 days following the end of the quarter the following information:
(1)	for fuel analysis per shipment:
(A)	the quantity and type of fuels burned;
(B)	the Btu value;
(C)	the sulfur content in percent by weight; and
(D)	the calculated sulfur dioxide emission rates expressed in the same units as the applicable standard.
(2)	for continuous monitoring of emissions:
(A)	the daily calculated sulfur dioxide emission rates expressed in the same units as the applicable standard for each day; and
(B)	other information required by Appendix P of 40 CFR Part 51.
(i) The owner or operator of the source shall conduct a daily zero and span check of the continuous emission monitoring system, following the manufacturer's recommendations, and shall comply with the requirements of 15A NCAC 02D .0613.
(j)  If emission testing for compliance with the sulfur dioxide emission standard is required, the testing shall be done according to 40 CFR Part 60, Appendix A, Method 6, 6C, or other approved methods in 15A NCAC 02D .2600.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. June 18, 1976;
Amended Eff. June 1, 2008; January 1, 2005; April 1, 2003; April 1, 1999; July 1, 1996; July 1, 1988; July 1, 1984;
Readopted Eff. November 1, 2019;
Amended Eff. October 1, 2022.

15A NCAC 02D .0610	FEDERAL MONITORING REQUIREMENTS
(a)  This Rule shall apply to sources subject to monitoring, recordkeeping, or reporting requirements contained in:
(1)	40 CFR Part 60, New Source Performance Standards (NSPS);
(2)	40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants (NESHAP);
(3)	40 CFR Part 63, Maximum Achievable Control Technology (MACT) or Generally Available Control Technology (GACT);
(4)	40 CFR Part 75, Acid Rain; or
(5)	40 CFR Part 97, Cross State Air Pollution Rule CSAPR.
(b)  An air pollutant from sources governed pursuant to Paragraph (a) of this Rule for which monitoring is not required by Paragraph (a) of this Rule shall comply with the requirements set forth in 15A NCAC 02D .0611 if the pollutant from this source is subject to an emission standard.
(c)  Sources that are not subject to any monitoring, recordkeeping, or reporting requirements set forth in Paragraph (a) of this Rule shall comply with the requirements in 15A NCAC 02D .0611.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. June 18, 1976;
Amended Eff. April 1, 1999; July 1, 1984;
Readopted Eff. November 1, 2019.

15A NCAC 02D .0611	MONITORING EMISSIONS FROM OTHER SOURCES
(a)  This Rule shall apply to sources of air pollutants, including toxic air pollutants, from sources that are not covered by 15A NCAC 02D .0606, .0607, .0608, or .0610(a).
(b)  The owner or operator of a source shall maintain records of production rates, throughputs, material usage, and other process operational information necessary to determine compliance with the facility's permit and all applicable requirements. The Director shall specify in the facility's permit, pursuant to 15A NCAC 02D .0605, the types of records that the owner or operator shall maintain.
(c)  If the records maintained under Paragraph (b) of this Rule are inadequate to determine compliance with the facility's permit and all applicable requirements, the Director may require the owner or operator to use monitoring instruments, and if monitoring instruments are necessary to demonstrate compliance with rules in Subchapters 02D or 02Q of this Chapter or with an emission standard or permit condition, the owner or operator of a source shall:
(1)	install, calibrate, operate, and maintain, in accordance with applicable performance specifications in 40 CFR Part 60 Appendix B, process and control equipment monitoring instruments or procedures necessary to demonstrate compliance with the emission standards in Subchapters 02D and 02Q of this Chapter;
(2)	comply with the requirements of 15A NCAC 02D .0613; and
(3)	maintain, in writing, data and reports of any monitoring instruments or procedures necessary to comply with Subparagraph (1) of this Paragraph that will document the compliance status of the sources or control equipment.
(d)  If monitoring instruments are necessary to demonstrate good operation and maintenance, the owner or operator of a source shall:
(1)	install, calibrate, operate, and maintain, in accordance with applicable performance specifications in 40 CFR Part 60 Appendix B, process and control equipment monitoring instruments or procedures necessary to demonstrate good operation and maintenance;
(2)	comply with the requirements of 15A NCAC 02D .0613 unless otherwise specified in any other applicable State rule or federal regulation, including 40 CFR Part 75 and 40 CFR 60.13. The Director shall determine that compliance with the quality assurance provisions of 40 CFR Part 51, Appendix P, is adequate if the data demonstrates that good operation and maintenance is being achieved; and
(3)	maintain, in writing, data and reports of any monitoring instruments or procedures necessary to comply with Subparagraph (1) of this Paragraph that will document that good operation and maintenance is being achieved.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. April 1, 1999;
Readopted Eff. November 1, 2019.

15A NCAC 02D .0612	ALTERNATIVE MONITORING AND REPORTING PROCEDURES
(a)  Except as set forth in Paragraph (b) of this Rule, the owner or operator of a source may petition the Director to allow monitoring or data reporting procedures varying from those prescribed by Subchapters 02D or 02Q of this Chapter.
(b)  This Rule shall not apply to monitoring or reporting requirements of 40 CFR Part 60, 61, 62, 63, 75, or 97.
(c)  To petition to use alternative monitoring or data reporting procedures in place of those procedures in Rules 15A NCAC 02D .0606, .0607, or .0608 or Sections 15A NCAC 02D .0900, .1200, or .1400, the owner or operator of the source shall submit a written petition to the Director containing the following:
(1)	the name and address of the company and the name and telephone number of a responsible official, as defined by 15A NCAC 02Q .0303:
(2)	a description of the sources at the facility to which the petition applies;
(3)	identification of the rule or rules for which the alternative is sought;
(4)	the basis or reason that alternative monitoring and reporting procedure is more desirable than those prescribed by the rule;
(5)	a proposal of alternative monitoring and reporting procedure;
(6)	a demonstration that the alternative procedure is at least as accurate as that prescribed by the rule;
(7)	a showing that one or more of the following conditions exist:
(A)	a continuous monitoring system or other device prescribed by the rule would not provide accurate determinations of emissions;
(B)	the emissions from two or more sources of different design and operating characteristics are combined before release to the atmosphere or the emissions are released to the atmosphere, through more than one point;
(C)	the requirements prescribed by the rule would impose an extreme economic burden on the source owner or operator. The determination of an extreme economic burden shall be made on the basis of whether meeting the requirements prescribed by the rule would produce serious hardship without equal or greater benefit to the public;
(D)	the monitoring systems prescribed by the rule cannot be installed because of physical limitations at the facility. The determination of such limitations shall be made on the basis of whether meeting the requirements prescribed by this Rule would necessitate reconstruction of the facility; or
(E)	the alternative monitoring or reporting procedure is more accurate and precise than that prescribed by the rule;
(8)	any other information that the petitioner believes would be helpful to the Director in evaluating the application.
(d)  The Director may require the petitioner to submit other information that is necessary to evaluate the proposed monitoring or reporting procedures.
(e)  The Director may approve the petition for alternative monitoring and reporting procedures if:
(1)	the petition is submitted in accordance with this Rule and contains all the information required by Paragraph (c) of this Rule;
(2)	the petition satisfies the showing required by Subparagraph (c)(7) of this Rule;
(3)	the proposed alternative monitoring or data reporting procedures provide information of sufficient quality to determine the amount of emissions or the adequacy of the emission control device or practice, such that the compliance status of the source can be determined by reviewing this information; and
(4)	the facility is in compliance with, or under a schedule for compliance with, all applicable air quality rules.
(f)  If monitoring or reporting requirements that differ from those specified in the appropriate rule in Subchapters 02D or 02Q of this Chapter are approved by the Director, the permit shall contain a condition stating such monitoring or reporting requirements.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. April 1, 1999;
Readopted Eff. November 1, 2019.

15A NCAC 02D .0613	QUALITY ASSURANCE PROGRAM
(a)  Any owner or operator of a facility required to operate a monitoring device by this Subchapters 02D or 02Q of this Chapter shall develop and implement a quality assurance program for the monitoring device.
(b)  The Director shall require the owner or operator of a facility required to operate a monitoring device by Subchapters 02D or 02Q of this Chapter to submit a description of the quality assurance program if:
(1)	the maximum actual emission rate is more than 75 percent of the applicable emission standard;
(2)	the facility has violated an emission standard or a permit condition; or
(3)	the facility has failed to obtain quality assured data.
A description of the quality assurance program shall be submitted to the Director within 60 days upon receipt of request.
(c)  Except for gaseous continuous emission monitoring systems, the quality assurance program required by Paragraph (a) or (b) of this Rule shall include, if applicable:
(1)	procedures and frequencies for calibration;
(2)	standards traceability;
(3)	operational checks;
(4)	maintenance;
(5)	auditing;
(6)	data validation; and
(7)	a schedule for implementing the quality assurance program.
Continuous opacity monitoring systems may satisfy the requirements of Paragraph (a) of this Rule by complying with 40 CFR Part 51, Appendix M, Method 203, as proposed in 57 FR 46114, or 40 CFR Part 60, Appendix F, Procedure 3. Except for opacity monitors and gaseous continuous emission monitoring systems, a manufacturer's recommended quality assurance procedure may be used as a quality assurance program if it includes the applicable requirements in Subparagraphs (c)(1) through (c)(7) of this Paragraph.
(d)  Owners or operators that operate continuous emission monitoring systems for a gaseous pollutant may satisfy the requirements of Paragraphs (a) or (b) of this Rule by developing and implementing a written quality assurance program containing information required by 40 CFR Part 60, Appendix F, Section 3, Quality Assurance Procedures.
(e)  The owner or operator of a facility shall certify all opacity and gaseous continuous emission monitoring systems following applicable performance specifications in 40 CFR Part 60, Appendix B, within 60 days of monitor installation unless otherwise specified in permit or any other applicable rules. The owner or operator of a facility required to install an opacity or gaseous continuous emission monitoring systems shall notify the Director at least 60 days before installation unless otherwise specified in permit or in 40 CFR Part 60, 61, 63, or 75. The notification shall include plans or schematic diagrams of the proposed monitor location.
(f)  Quality assurance programs for ambient monitors shall comply with the requirements in 40 CFR Part 58.
(g)  A description of the quality assurance program shall be available on-site for inspection within 30 days of monitor certification.
(h)  The Director shall approve the quality assurance program within 30 days of submittal if he or she finds that the quality assurance program will assure that the precision and accuracy of the data for the pollutants being measured are within the design limits of the instruments being used. If the Director finds that the proposed quality assurance program does not meet the requirements of this Paragraph, he or she shall notify the owner or operator of the facility of any deficiencies in the proposed quality assurance program. The owner or operator shall have 30 days after receiving written notification from the Director to correct the deficiencies.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. April 1, 1999;
Readopted Eff. November 1, 2019.

15A NCAC 02D .0614	COMPLIANCE ASSURANCE MONITORING
(a)  General Applicability. Except as set forth in Paragraph (b) of this Rule, the requirements of this Paragraph shall apply to a pollutant-specific emissions unit at a facility required to obtain a permit pursuant to 15A NCAC 02Q .0500 if the unit:
(1)	is subject to an emission limitation or standard for the applicable regulated air pollutant, or a surrogate thereof, other than an emission limitation or standard that is exempt pursuant to Subparagraph (b)(1) of this Rule;
(2)	uses a control device to achieve compliance with any such emission limitation or standard; and
(3)	has potential pre-control device emissions of the applicable regulated air pollutant that are equal to or greater than 100 percent of the amount, in tons per year, required for a source to be classified as a major source. For purposes of this Subparagraph, "potential pre-control device emissions" means the same as "potential to emit" as defined in 15A NCAC 02Q .0103, except that emission reductions achieved by the applicable control device shall not be taken into account.
(b)  The following exemptions to this Rule shall apply.
(1)	Exempt emission limitations or standards. The requirements of this Rule shall not apply to any of the following emission limitations or standards:
(A)	emission limitations or standards proposed by the Administrator of the Environmental Protection Agency after November 15, 1990, pursuant to section 111 or 112 of the federal Clean Air Act;
(B)	stratospheric ozone protection requirements pursuant to Title VI of the federal Clean Air Act;
(C)	Acid Rain Program requirements pursuant to sections 404, 405, 406, 407(a), 407(b), or 410 of the federal Clean Air Act;
(D)	emission limitations or standards or other applicable requirements that apply solely under an emissions trading program approved under the rules of Subchapters 02D and 02Q of this Chapter and that are incorporated in a permit issued pursuant to 15A NCAC 02Q .0500;
(E)	an emissions cap that is approved pursuant to the rules of Subchapters 02D and 02Q of this Chapter and incorporated in a permit issued pursuant to 15A NCAC 02Q .0500; or
(F)	emission limitations or standards for which a permit issued pursuant to 15A NCAC 02Q .0500 specifies a continuous compliance determination method, as defined in 40 CFR 64.1. This exemption shall not apply if the applicable compliance method includes an assumed control device emission reduction factor that could be affected by the actual operation and maintenance of the control device, such as a surface coating line controlled by an incinerator for which continuous compliance is determined by calculating emissions on the basis of coating records and an assumed control device efficiency factor based on an initial performance test. In this example, 15A NCAC 02D .0614 would apply to the control device and capture system, but not to the remaining elements of the coating line, such as raw material usage.
(2)	Exemption for backup utility power emissions units. The requirements of this Rule shall not apply to a utility unit, as defined in 40 CFR 72.2, that is municipally-owned if the owner or operator provides documentation in a permit application submitted pursuant to 15A NCAC 02Q .0500 that:
(A)	the utility unit is exempt from all monitoring requirements in 40 CFR Part 75, including the appendices thereto;
(B)	the utility unit is operated for the sole purpose of providing electricity during periods of peak electrical demand or emergency situations and will be operated consistent with that purpose throughout the permit term. The owner or operator shall provide historical operating data and relevant contractual obligations to document that this criterion is satisfied; and
(C)	the actual emissions from the utility unit, based on the average annual emissions over the last three calendar years of operation, or such shorter time period that is available for units with fewer than three years of operation, are less than 50 tons per year and are expected to remain so.
(c)  For the purposes of this Rule, the definitions in 40 CFR 64.1 shall apply with the following exceptions:
(1)	"Applicable requirement" and "regulated air pollutant" shall have the same definition as in 15A NCAC 02Q .0103.
(2)	"Part 70 or 71 permit application" means an application, or any supplement to a previously submitted application, submitted by the owner or operator to obtain a permit under 15A NCAC 02Q .0500.
(3)	"Part 70 or 71 permit" means a permit issued under 15A NCAC 02Q .0500.
(4)	"Permitting authority" means the Division of Air Quality.
(d)  The owner or operator subject to the requirements of this rule shall comply with these requirements:
(1)	40 CFR 64.3, Monitoring Design Criteria;
(2)	40 CFR 64.4, Submittal Requirements;
(3)	40 CFR 64.5, Deadlines for Submittals;
(4)	40 CFR 64.7, Operation of Approved Monitoring; and
(5)	40 CFR 64.9, Reporting and Recordkeeping Requirements.
(e)  The Division shall follow the procedures and requirements in 40 CFR Part 64.6, Approval of Monitoring, in reviewing and approving or disapproving monitoring plans and programs submitted under this Rule.
(f)  Based on the result of a determination made pursuant to 40 CFR 64.7(d)(2), the Director may require the owner or operator to develop and implement a quality improvement plan. If a quality improvement plan is required, the quality improvement plan shall be developed and implemented according to the procedures and requirements of 40 CFR 64.8, Quality Improvement Plan (QIP) Requirements.

History Note:	Authority G.S. 143-215.3(a)(3); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. April 1, 1999;
Amended Eff. January 1, 2009;
Readopted Eff. November 1, 2023; November 1, 2019.

SECTION .0900 - VOLATILE ORGANIC COMPOUNDS

15A NCAC 02D .0901	DEFINITIONS
For the purpose of this Section, the following definitions shall apply:
(1)	"Coating" means a functional, protective, or decorative film applied in a thin layer to a surface.
(2)	"Coating applicator" means an apparatus used to apply a surface coating.
(3)	"Coating line" means one or more apparatus or operations in a single line at which point a surface coating is applied, dried, or cured and that include a coating applicator and flashoff area and may include an oven or associated control devices.
(4)	"Continuous vapor control system" means a vapor control system that treats vapors displaced from tanks during filling on a demand basis without intermediate accumulation.
(5)	"Delivered to the applicator" means the condition of coating after dilution by the user just before application to the substrate.
(6)	"Flashoff area" means the space between the application area and the oven.
(7)	"High solids coating" means a coating that contains a higher percentage of solids and a lower percentage of volatile organic compounds and water than conventional organic solvent borne coatings.
(8)	"Hydrocarbon" means any organic compound of carbon and hydrogen only.
(9)	"Incinerator" means a combustion apparatus designed for high temperature operation in which solid, semisolid, liquid, or gaseous combustible wastes are ignited and burned efficiently and from which the solid and gaseous residues contain little or no combustible material.
(10)	"Intermittent vapor control system" means a vapor control system that employs an intermediate vapor holder to accumulate vapors displaced from tanks during filling. The control device shall treat the accumulated vapors only during automatically controlled cycles.
(11)	"Loading rack" means an aggregation or combination of loading equipment arranged so that all loading outlets in the equipment can be connected to a cargo tank parked in a specified loading space.
(12)	"Low solvent coating" means a coating that contains a substantially lower amount of volatile organic compounds than conventional organic solvent borne coatings; it typically falls into one of three major groups of high solids, waterborne, or powder coatings.
(13)	"Organic material" means a chemical compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate.
(14)	"Oven" means a chamber used to bake, cure, polymerize, or dry a surface coating using heat.
(15)	"Potential emissions" means the quantity of a pollutant that would be emitted at the maximum capacity of a stationary source to emit the pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is described or contained as a condition in the federally enforceable permit. Secondary emissions do not count in determining potential emissions of a stationary source. Fugitive emissions count, to the extent quantifiable, in determining the potential emissions only in these cases:
(a)	petroleum refineries;
(b)	chemical process plants; and
(c)	petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
(16)	"Prime coat" means the first film of coating applied to a surface to protect it or to prepare it to receive subsequent coatings.
(17)	"Reasonably available control technology" also denoted as "RACT," means the lowest emission limit a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. It may require technology that has been applied to similar source categories.
(18)	"Reid vapor pressure" means the absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids, except liquefied petroleum gases as determined by American Society for Testing and Materials test method D323-15A.
(19)	"Shutdown" means the cessation of operation of a source or a part thereof or emission control equipment.
(20)	"Solvent" means organic materials that are liquid at standard conditions and used as dissolvers, viscosity reducers, or cleaning agents.
(21)	"Standard conditions" means a temperature of 68 degrees Fahrenheit and pressure of 29.92 inches of mercury.
(22)	"Stage I" means vapor control systems that minimize, collect, and transfer vapors in a gasoline storage tank that have been displaced by the incoming gasoline. The vapors are routed through pipes and hoses back into the cargo tank to be transported to where the tank is loaded and the vapors are recovered or destroyed. Vent lines on storage tanks with vapor control systems shall use pressure release valves or flow restrictors to minimize releases to the atmosphere.
(23)	"Startup" means the setting in operation of a source or emission control equipment.
(24)	"Substrate" means the surface to which a coating is applied.
(25)	"Topcoat" means the final films of coating applied in a multiple or single coat operation.
(26)	"True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute Manual of Petroleum Measurement Standards, Chapter 19.2, Evaporative Loss From Floating-Roof Tanks. This American Petroleum Institute document is incorporated by reference and shall include any subsequent amendments or editions. This document may be obtained at https://www.apiwebstore.org/publications/item.cgi?43bface1-2adf-4234-90a8-ee6089c04f9a at a cost of two hundred ten dollars ($210.00).
(27)	"Vapor collection system" means a vapor transport system that uses direct displacement by the liquid loaded into the tank to force vapors from the tank into a vapor control system.
(28)	"Vapor control system" means a system that prevents release to the atmosphere of 90 percent or more by weight of organic compounds in the vapors displaced from a tank during the transfer of gasoline.
(29)	"Volatile organic compound" also denoted as "VOC," means any compound of carbon whose volatile content can be determined by the procedure described in 15A NCAC 02D .2600, excluding any compound that is listed under 40 CFR 51.100(s) as having been determined to have negligible photochemical reactivity.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. January 1, 2009; June 1, 2008; July 1, 1996; December 1, 1993; July 1, 1991; March 1, 1991; December 1, 1989;
Readopted Eff. November 1, 2020.

15A NCAC 02D .0902	APPLICABILITY
(a)  The rules in this Section shall not apply except as specifically set out in this Rule.
(b)  This Section applies to sources that emit greater than or equal to 15 pounds of volatile organic compounds per day unless specified otherwise in this Section.
(c)  Rules 15A NCAC 02D .0925, .0926, .0927, .0928, .0931, .0932, .0933, and .0958 apply regardless of the level of emissions of volatile organic compounds unless the provisions specified in Paragraph (d) of this Rule are applied.
(d)  This Section does not apply to:
(1)	sources that emit less than 800 pounds of volatile organic compounds per calendar month and that are:
(A)	bench-scale, on-site equipment used exclusively for chemical or physical analysis for quality control purposes, staff instruction, water or wastewater analyses, or non-production environmental compliance assessments;
(B)	bench-scale experimentation, chemical or physical analyses, training or instruction from not-for-profit, non-production educational laboratories;
(C)	bench-scale experimentation, chemical or physical analyses, training or instruction from hospitals or health laboratories pursuant to the determination or diagnoses of illness; or
(D)	research and development laboratory activities, provided the activity produces no commercial product or feedstock material; or
(2)	emissions of volatile organic compounds during startup or shutdown operations from sources that use incineration or other types of combustion to control emissions of volatile organic compounds whenever the off-gas contains an explosive mixture during the startup or shutdown operation if the exemption is approved by the Director as meeting the requirements of this Subparagraph.
(e)  The following rules of this Section apply to facilities located statewide:
(1)	15A NCAC 02D .0925, Petroleum Liquid Storage in Fixed Roof Tanks, for fixed roof tanks at gasoline bulk plants and gasoline bulk terminals;
(2)	15A NCAC 02D .0926, Bulk Gasoline Plants;
(3)	15A NCAC 02D .0927, Bulk Gasoline Terminals;
(4)	15A NCAC 02D .0928, Gasoline Service Stations Stage I;
(5)	15A NCAC 02D .0932, Gasoline Cargo Tanks and Vapor Collection Systems;
(6)	15A NCAC 02D .0933, Petroleum Liquid Storage in External Floating Roof Tanks, for external floating roof tanks at bulk gasoline plants and bulk gasoline terminals;
(7)	15A NCAC 02D .0948, VOC Emissions from Transfer Operations; and
(8)	15A NCAC 02D .0949, Storage of Miscellaneous Volatile Organic Compounds.