(A)	under Parts (4)(B) and (C) of this Paragraph, 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.

(B)	under Part (4)(D) of this Paragraph, 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 (4)(C) of this
Paragraph 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.

(6)	"Excessive concentrations" means, for the purpose of determining
good engineering practice stack height under Part (4)(D) of this
Paragraph:

(A)	for sources seeking credit for stack height exceeding that
established under Part (4)(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 Rule .0530 of this
Section, 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 under 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 under Part (4)(B)
or (C) of this Paragraph:

(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 under Part (4)(B) or (C) of this Paragraph 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 Part
(4)(B) or (C) of this Paragraph, 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.

(7)	"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.

(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 Rules
.0530 (b) and .0531 (b) of this Section 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 under 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:	Filed as a Temporary Amendment Eff. March 8, 1994 for a
period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

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

Eff. November 1, 1982;

Amended Eff. July 1, 1994; July 1, 1987; April 1, 1986.

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 supersphosphate plant.

(b)  The phosphorus-bearing material mentioned in Paragraph (a) of this
Regulation 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.

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
Sections .0500, .0900, .1200, or .1400 of this Subchapter; or by a
permit condition; or that exceeds an emission limit established in a
permit issued under 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 Rules .0524, .1110, or
.1111 of this Subchapter 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 Rules .0524, .1110
or .1111 of this Subchapter.

(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 Director
may require the owner or operator of a facility to 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 immediately when 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 Section .2600 of this Subchapter to demonstrate
compliance.

(g)  Start-up and shut-down.  Excess emissions during start-up and
shut-down are considered a violation of the appropriate 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
Paragraphs (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.  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.

15A NCAC 02D .0536	PARTICULATE EMISSIONS FROM ELECTRIC UTILITY BOILERS

(a)  The purpose of this Rule is to establish particulate and visible
emission limits for the listed units by utilizing control technology to
protect the public health and welfare of the State and its citizens.

(b)  Notwithstanding Rule .0503 of this Section, emissions of
particulate matter from the utility boiler units specified in the
following table shall not exceed the maximum emission rate in the table
as measured by a stack test conducted in accordance with Section .2600
of this Subchapter.  The results of any stack test shall be reported
within 30 days, and the test report shall be submitted within 60 days
after the test. In addition to limitations contained in Rule .0521 of
this Section, visible emissions from the utility boiler units specified
in the table shall not exceed the annual average opacity limits in the
table. Each day an annual average opacity value shall be calculated for
each unit for the most recent 365-day period ending with the end of the
previous day.  The average is the sum of the measured non-overlapping
six-minute averages of opacity determined only while the unit is in
operation divided by the number of such measured non-overlapping
six-minute averages.  Start-up, shut-down, and non-operating time shall
not be included in the annual average opacity calculation, but
malfunction time shall be included, Rule .0535 of this Section
notwithstanding.  The Director may approve an alternate method of
calculating the annual average opacity if:

(1)	the alternate method is submitted by the electric utility company,

(2)	the director concludes that the alternate method will not cause a
systematic or unacceptable difference in calculated values from the
specified method, and

(3)	it is mutually agreed that the values calculated using the alternate
method can be used for enforcement purposes.

The owner or operator of each unit shall submit a report to the Director
by the 30th day following the end of each month. This report shall show
for each day of the previous month the calculated annual average opacity
of each unit and the annual average opacity limit. If a violation
occurs, the owner or operator of the unit shall immediately notify the
Director.

Facility

Boiler/Unit

Maximum Emission Rate (Lb/Million Btu of Heat Input)

Annual Average Opacity Limit (Percent)

Duke Power Comp.

	Allen     	1	0.25	20

 	2	0.25	20

 	3	0.25	13

 	4	0.25	14

 	5	0.25	17

	Belews Creek	1	0.15	17

 	2	0.15	17

	Buck	5	0.15	10

 	6	0.15	10

 	7	0.15	6

 	8	0.15	8

 	9	0.15	10

	Cliffside	1	0.25	8

 	2	0.25	12

 	3	0.25	8

 	4	0.25	8

 	5	0.25	16

	Dan River	1	0.15	7

 	2	0.15	9

 	3	0.25	20

Marshall	1	0.20	20

 	2	0.20	20

 	3	0.18	20

 	4	0.18	20

	Riverbend	4	0.12	12

 	5	0.12	12

 	6	0.12	12

 	7	0.12	12

	Carolina Power & Light Company

	Asheville	1	0.12	10

 	2	0.12	5

	Cape Fear	5	0.20	17

 	6	0.20	15

	Lee	1	0.25	18

 	2	0.13	11

 	3	0.25	15

	Roxboro	1	0.25	15

 	2	0.16	20

 	3	0.10	25

	Sutton	1	0.11	14

 	2	0.11	14

 	3	0.11	20

	Weatherspoon	1	0.14	8

 	2	0.14	10

 	3	0.15	23

(c)  For the purpose of this Rule, the heat input shall be the total
heat content of all fuels burned in the unit during the period of time
for which the compliance determination is being made.

(d)  Stack tests shall be conducted in accordance with Section .2600 of
this Subchapter, and six-minute average opacity readings shall be
recorded during the tests. If a stack test and opacity data are
acceptable to the Director, the results shall be used by the owner or
operator to update and refine the mass-opacity curve for that unit at
least annually or when otherwise requested by the Director. The owner or
operator of a unit shall notify the Director whenever an alteration in
the equipment, method of operation, fuel, or other factors, may cause a
systematic change in the mass-opacity curve expected to last more than
one month.

(e)  The owner or operator of units listed in Paragraph (b) of this Rule
shall produce each year for each unit at least one stack test conducted
in accordance Section .2600 of this Subchapter, the results of which are
submitted to and accepted by the Director and which demonstrate
achievement of the maximum emission rate for that unit.

(f)  Whenever a stack test shows emissions of particulate matter
exceeding the maximum emission rate listed in Paragraph (b) of this
Rule, all necessary steps shall be taken to ensure that the emissions of
particulate matter do not continue to exceed the maximum emission rate
and a retest shall be conducted before the 45th operating day following
the day the excess was measured.

(g)  Opacity shall be measured using an opacity monitoring system that
meets the performance specifications of Appendix B of 40 CFR Part 60.
The opacity monitoring system shall be subjected to a quality assurance
program in accordance with Rule .0613 of this Section approved by the
Director. The owner or operator of each unit subject to this Rule shall
have on file with the Director an approved quality assurance program,
and shall submit to the Director within the time period of his request
for his approval a revised quality assurance program, including
procedures and frequencies for calibration, standards traceability,
operational checks, maintenance, auditing, data validation, and a
schedule for implementing the quality assurance program.

(h)  The owner or operator of each unit subject to this Rule shall have
on file with the Director an approved malfunction abatement plan, and
shall submit to the Director within the time period of his request for
his approval a revised malfunction abatement plan, in accordance with
Rule .0535 (d) and (e) of this Section. The owner or operator shall
submit each month for each malfunction and other equipment failures that
occurred at each unit during the preceding month a report that meets the
requirements of Rule .0535 (f)(3) of this Section.

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

Eff. March 1, 1983;

Amended Eff. June 1, 2008; April 1, 2001; August 1, 1991; August 1,
1987; February 1, 1986.

15A NCAC 02D .0537	CONTROL OF MERCURY EMISSIONS

(a)  For the purpose of this Rule, the following definitions 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 (stacks, ducts, vents, openings, fugitives, etc.) 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 Rule .0530, .1110, or .1111 of
this Subchapter.

(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 in excess of 2300 grams per day into the
outdoor 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.

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,
contrivances, 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 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;

at facilities for which construction began after August 31, 1992.

(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 reduction:

(A)	in uncontrolled emissions of ethylene oxide of at least 99 percent
by weight shall be achieved; or

(B)	to no more than one part per million by volume of ethylene oxide
shall be achieved;

(4)	Sterilized product ethylene oxide residual 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 [as
specified in G.S. 143-215.108(g)] 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.  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 Rule .1106 of this Section, that
the emissions of ethylene oxide from all sources at the facility do not
cause the acceptable ambient level of ethylene oxide in Rule .1104 of
this Section 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 Rule .1104(a) of this Section.

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.

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 that are
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, however, shall
continue to control their odorous emissions in accordance with Rule
.1806 of this Subchapter.

 (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 that 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 and 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 24 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)   The owner or operator shall notify the regional supervisor of the
appropriate regional office within two business days after conditions
are encountered that cause or may cause release of excessive and
malodorous gases or vapors.

(h)  Compliance Schedule. The owner or operator of a facility subject to
this Rule that begins construction or is in operation before July 1,
1996, shall adhere to the following increments of progress and
schedules:

(1)	documentation that the facility complies with this Rule or an air
permit application containing plans to bring the facility into
compliance and a schedule shall be submitted by January 1, 1997;

(2)	the compliance schedule shall contain the following increments of
progress:

(A)	a date by which contracts for the emission control system and
process equipment shall be awarded or orders shall be issued for
purchase of component parts;

(B)	a date by which on-site construction or installation of the emission
control and process equipment shall begin;

(C)	a date by which on-site construction or installation of the emission
control and process equipment shall be completed; and

(D)	a date by which final compliance shall be achieved.

(3)	The final compliance date under Subparagraph (2)(D) of this
Paragraph shall be no later than July 1, 2001.

The owner or operator shall certify to the Director within five days
after the deadline, for each increment of progress, whether the required
increment of progress has been met.

(i)  The owner or operator of a facility that begins construction after
June 30, 1996, 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. April 1, 2001.

15A NCAC 02D .0540	PARTICULATES FROM FUGITIVE DUST EMISSION SOURCES

(a)  For the purpose of this Rule the following definitions shall 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 from process
operations 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, stock pile
working, plant parking lots, and plant roads (including access roads and
haul roads).

(3)	"Production of crops" means cultivation of land for crop planting;
crop irrigation; harvesting; on site curing, storage, or preparation of
crops; or protecting them from damage or disease conducted according to
practices acceptable to the Department of Agriculture.

(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 with
physical evidence.

(b)  This Rule does not apply to:

(1)	abrasive blasting covered under Rule .0541 of this Section;

(2)	cotton ginning operations covered under Rule .0542 of this Section;

(3)	non-production military base operations;

(4)	land disturbing activities, 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 under
15A NCAC 02Q or of a source subject to a requirement under 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 under 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 source(s) of the fugitive dust emissions causing complaints and
what immediate measures can be made to abate the fugitive emissions;

(2)	within 60 days of the initial report submitted under Subparagraph
(1) of this Paragraph, submit to the Director a control plan as
described in Paragraph (f) of this Rule; and

(3)	within 30 days after the Director approves the plan, be in
compliance with the plan.

(e)  The Director may 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 violation or a potential for a violation
of an ambient air quality standard for particulates in 15A NCAC 02D
.0400; or

(2)	if the Division observes excessive 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)	describe methods to verify compliance with the plan.

(g)  The Director shall approve the plan if he 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 in a timely manner;

(3)	the methods used to control fugitive dust emissions are sufficient
to prevent fugitive dust emissions from causing or contributing to a
violation of the ambient air quality standards for particulates; and

(4)	the described compliance verification methods are sufficient to
verify compliance with the plan.

If the Director finds that the proposed plan does not meet the
requirements of this Paragraph he 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 inadequately controls fugitive dust emissions, he 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 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. August 1, 2007.

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)	"Fugitive dust emissions" means emissions of particulate matter into
the outdoor atmosphere that is not vented or captured by a stack or
chimney.

(5)	"Building" means a structure with four or more sides and a roof that
is used, in whole or in part, to house or contain abrasive blasting.

(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 2D .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.

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,
nominally weighing 500 pounds.

(4)	"Existing facility" means a cotton ginning operation that operated
prior to July 1, 2002.

(5)	"Ginning operation" means any facility or plant that removes seed,
lint, and trash or one or more 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 that are 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 existing, new, 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 be
required to add:

(1)	the emission control devices in Paragraph (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 Paragraph (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 that includes:

(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 that includes:

(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 Section
.2600 of this Subchapter.

(e)  Raincaps.  Exhausts from emission points or control devices shall
not be equipped with raincaps or other devices that deflect the
emissions downward or outward.

(f)  Operation and Maintenance. To ensure that 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 that are 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 as follows.

(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; or

(B)	trash stacker/trash 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
that all trucks transporting gin trash material are covered and that 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;

(4)	a demonstration that the alternative control measure is at least as
effective as 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 finds that:

(1)	all the information required by Paragraph (h) of this Rule has been
submitted; and

(2)	the alternative control measure is at least as effective as 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 that measure pressures, rates
of flow, and other operating conditions necessary to determine if the
control devices are functioning properly.

(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 are 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® gauge, or
other device that the Director has approved 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 Paragraph (j)(2) of
this Rule;

(2)	Results of new baseline studies as specified in Paragraph (j)(4) of
this Rule;

(3)	Results of monthly static pressure checks and any corrective action
taken as specified in Paragraph (j)(3) of this Rule;

(4)	Observations from daily inspections of the facility and any
resulting corrective actions taken as required in Paragraph (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 Paragraph (j)(6) of this Rule; and

(4)	signature of the appropriate official as identified in 15A NCAC 02Q
.0304(j), certifying as to the truth and accuracy of the report.

(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.

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 under 40
CFR 51.308 or 40 CFR Part 51, Appendix Y.

(d)  This rule applies to BART-eligible sources as determined using 40
CFR Part 51, Appendix Y that cause or contribute to any visibility
impairment in a mandatory Class I Federal area as determined by using 40
CFR Part 51, Subpart P.

(e)  Unless exempted under 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 for that emission unit.
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 source,

(5)	the remaining useful life of the source, and

(6)	the degree of improvement in visibility that may reasonably be
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 six items listed in Paragraph (e) of this Rule and
incorporated in the unit's permit issued under 15A NCAC 02Q.

(g)  The owner or operators of a BART-eligible source required to
install BART under this Rule shall submit permit applications for the
installation and operation of BART by September 1, 2006. The Director
shall extend the deadline for submitting a permit application if
additional time is needed to complete the evaluation required under
Paragraph (e) of this Rule.

(h)  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. Electric generating units covered under and
complying with 15A NCAC 02D .2400, Clean Air Interstate Rules, are
considered to be in compliance with the BART requirements for nitrogen
oxides and sulfur dioxide under this Rule.

(i)  The owner or operator of a BART-eligible source required to install
BART under this Rule shall have installed and begun operation of the
BART controls by December 31, 2012.

(j)  "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 U.S.
Department of Commerce, National Technical Information Service, 5285
Port Royal Road, Springfield, Virginia 22161 for eighty four dollars
($84.00).  It is also available for inspection at the National Archives
and Records Administration (NARA). Information on the availability of

this material at NARA may be found at:   HYPERLINK
"http://www.archives.gov/federal_register/"
http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.

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.

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 this Subchapter or Subchapter 2Q of this Chapter.

(c)  Monitoring, recordkeeping, and reporting may also be required by
other rules including Rule .0524, .0536, .1110, or .1111 of this
Subchapter.

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

permanent rule is effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(4);

Eff. February 1, 1976;

Amended Eff. April 1, 1999; July 1, 1996; July 1, 1994; July 1, 1984;
June 18, 1976.

15A NCAC 02D .0602	DEFINITIONS

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

(1)	"Applicable requirement" means any rule, standard, or requirement of
this Subchapter, Subchapter 2Q of this Chapter, or Article 21 of the
North Carolina General Statutes.

(2)	"Calender 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 the 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 rule setting forth an allowable rate of
emissions, level of opacity, or prescribing equipment, fuel
specifications, workplace standards, or 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)	"Nitric acid plant" means any facility producing nitric acid 30 to
70 percent in strength by either the pressure or atmospheric pressure
process.

(9)	"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.

(10)	"Petroleum refinery" means any facility engaged in producing
gasoline, kerosine, distillate oils, residual oils, lubricants, or other
products through the distillation of petroleum, or through the
redistillation, cracking, or reforming of unfinished petroleum
derivatives.

(11)	"Residual oils" means crude oil, fuel oil that does not comply with
the specifications under 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".

(12)	"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 utilized 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.

15A NCAC 02D .0604	EXCEPTIONS TO MONITORING AND REPORTING REQUIREMENTS

(a)  Unless a specific rule specifies otherwise, the owner or operator
of a source shall not be required to monitor during a period of
monitoring system malfunction or report emissions during a period of
monitoring system malfunction if the owner or operator of the source
shows, to the satisfaction of the Director, 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 provide the Director documentation of continuous monitoring
system performance when system repairs or adjustments have been made if
the Director requests proof.  Malfunctions of the monitoring system that
result from inadequate or poor operation and maintenance practices shall
not be exempted.

(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.  However, the owner or operator shall maintain records to
document that the source is 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 2Q .0102 shall not be required to monitor emissions from that
source unless;

(1)	required by a specific rule of this Subchapter or Subchapter 2Q 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.

15A NCAC 02D .0605	GENERAL RECORDKEEPING AND REPORTING REQUIREMENTS

(a)  The owner or operator of a source subject to a requirement of this
Subchapter or Subchapter 02Q of this Chapter shall maintain:

(1)	records detailing all malfunctions under Rule .0535 of this
Subchapter,

(2)	records of all testing conducted under rules in this Subchapter,

(3)	records of all monitoring conducted under rules in this Subchapter
or Subchapter 02Q of this Chapter,

(4)	records detailing activities relating to any compliance schedule in
this Subchapter, and

(5)	for unpermitted sources, records necessary to determine compliance
with rules in this Subchapter or Subchapter 02Q of this Chapter .

(b)  The Director shall specify in the source's permit:

(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, as necessary to determine compliance with rules in this
Subchapter or Subchapter 02Q of this Chapter or with an emission
standard or permit condition.

(c)  If the Director has evidence that a source is violating an emission
standard or permit condition, the Director may require that the owner or
operator of any source subject to the requirements of this Subchapter or
Subchapter 02Q of this Chapter submit to the Director any information
necessary to determine the compliance status of the source.

(d)  The owner or operator of a source of excess emissions which last
for more than four hours and which results from a malfunction, a
breakdown of process or control equipment, or any other abnormal
conditions shall report excess emissions in accordance with the
requirements of Rule .0535 of this Subchapter.

(e)  Copies of all records and reports generated in response to the
requirements of this Section shall be retained by the owner or operator
for a period of two years after the date on which the record was made or
the report submitted, except that the Director may extend the retention
period in particular instances when necessary to comply with other State
or federal requirements or when compliance with a particular standard
requires documentation for more than two years.

(f)  All records and reports generated in response to the requirements
of this Section shall be made available to personnel of the Division for
inspection.

(g)  The owner or operator of a source subject to the requirements of
this Section shall comply with the requirements of this Section at his
own cost.

(h)  No person shall falsify any information required by a rule in this
Subchapter or a permit issued under 15A NCAC 02Q. No person shall
knowingly submit any falsified information required by a rule in this
Subchapter or a permit issued under 15A NCAC 02Q.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215-65; 143-215.66;
143-215.1078(a)(4);

Eff. February 1, 1976;

Amended Eff. January 1, 2007; April 1, 1999; July 1, 1984; June 18,
1976.

15A NCAC 02D .0606	SOURCES COVERED BY APPENDIX P OF 40 CFR PART 51

(a)  The following sources shall be monitored as described in Paragraph
2 of Appendix P of 40 CFR Part 51:

(1)	fossil fuel-fired steam generators,

(2)	nitric acid plants,

(3)	sulfuric acid plants, and

(4)	petroleum refineries.

Sources covered by Rule .0524 of this Subchapter are exempt from this
Rule.

(b)  The monitoring systems required under 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 under 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 is deemed as an appropriate
alternative opacity averaging period as described in Paragraph 4.2 of
Appendix P of 40 CFR Part 51.  The owner or operators of any sources
subject to this Rule that are required to monitor emissions of sulfur
dioxide or nitrogen oxides under any other state or federal rule with
continuous emission monitoring systems shall monitor compliance with the
sulfur dioxide emission standard in Rule .0516 of this Subchapter and
the nitrogen oxide emission standard in Rule .0519 or Section .1400 of
this Subchapter with a continuous emission monitoring system. Compliance
with sulfur dioxide and nitrogen oxide emission standards are 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 summed, and the sum is divided by
24. A minimum of four data points, equally spaced, is 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 to meet the
provisions of 40 CFR Part 75, the minimum number of data points are
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 under another state or federal rule. If fuel
analysis is used as an alternative method to determine emissions of
sulfur dioxide, the test methods described in Section .2600 of this
Subchapter 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 sampling
the fuel as fired if the owner or operator demonstrates to the Director
that sampling as fired provides a more accurate estimation of sulfur
dioxide emissions than sampling each shipment. If sulfur dioxide
emissions are determined 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. 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)  Wherever the language of the 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 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 following the
manufacturer's recommendations and shall comply with the requirements of
Rule .0613 of this Section.

(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 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 and nitrogen oxide emission
rates expressed in the same units as the applicable standard for each
day, and

(B)	other information required under 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.

(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.

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.

15A NCAC 02D .0607	LARGE WOOD AND WOOD-FOSSIL FUEL COMBINATION UNITS

(a)  This Rule applies 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 Rule .0524 or
.0606 of this Subchapter) 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 covered
under 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 covered under 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 Rule .0613 of this Section.

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

Eff. February 1, 1976;

Amended Eff. July 1, 1999; July 1, 1984; June 18, 1976.

15A NCAC 02D .0608	OTHER LARGE COAL OR RESIDUAL OIL BURNERS

(a)  The owner or operator of any 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 Rules .0524
or .0606 of this Subchapter;

(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 to the Director 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 need not 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.
Once 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 need not 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 operators of any sources subject to this Rule that are
required to monitor emissions of sulfur dioxide under any other state or
federal rule with continuous emission monitoring systems shall monitor
compliance with the sulfur dioxide emission standard in Rule .0516 of
this Subchapter with a continuous emission monitoring system. Compliance
with sulfur dioxide emission standards is 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 summed, and the sum is divided by 24. A minimum of
four data points, equally spaced, is 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 to meet the provisions of 40 CFR Part 75,
the minimum number of data points are 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 under another state or federal rule. If fuel
analysis is used as an alternative method to determine emissions of
sulfur dioxide, then:

(1)	for coal, the test methods described in Section .2600 of this
Subchapter 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 sampling
the fuel as fired if the owner or operator demonstrates to the Director
that sampling as fired provides a more accurate estimation of sulfur
dioxide emissions than sampling each shipment. If sulfur dioxide
emissions are determined 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. 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 Section .2600 of
this Subchapter 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 to the Director that sampling as fired provides a more
accurate estimation of sulfur dioxide emissions than sampling each
shipment. If sulfur dioxide emissions are determined 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 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 under 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
Rule .0613 of this Section.

(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.

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.

15A NCAC 02D .0610	FEDERAL MONITORING REQUIREMENTS

(a)  The owner or operator of 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

(4)	40 CFR Part 75, Acid Rain;

shall comply with these requirements.

(b)  An air pollutant from sources covered under Paragraph (a) of this
Rule for which monitoring is not required under Paragraph (a) of this
Rule shall comply with the requirements covered in Rule .0611 of this
Section 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 contained in Paragraph (a) of this Rule shall
comply with the requirements contained in Rule .0611 of this Section.

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.

15A NCAC 02D .0611	MONITORING EMISSIONS FROM OTHER SOURCES

(a)  This Rule applies to sources or air pollutants, including toxic air
pollutants, from sources that are not covered under Rule .0606, .0607,
.0608, or .0610(a) of this Section.

(b)  The owner or operator of a source shall maintain records of
production rates, throughputs, material usage, and other process
operational information as is necessary to determine compliance with the
facility's permit and all applicable requirements.  The Director shall
specify in the facility's permit according to Rule .0605 of this Section
the types of records that the owner or operator shall maintain.

(c)  If the Director finds that 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.  If the
Director determines that monitoring instruments are necessary to
demonstrate compliance with rules in this Subchapter or Subchapter 2Q 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 as
necessary to demonstrate compliance with the emission standards of this
Subchapter and Subchapter 2Q of this Chapter;

(2)	comply with the requirements of Rule .0613 of this Section; 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 the Director determines that 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 as
necessary to demonstrate good operation and maintenance;

(2)	comply with the requirements of Rule .0613 of this Section unless
otherwise specified in any other applicable rule including 40 CFR Part
75 and 40 CFR 60.13.  The Director may find that compliance with the
quality assurance provisions of 40 CFR Part 51, Appendix P, is adequate
to assure the quality of the data; 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.

15A NCAC 02D .0612	ALTERNATIVE MONITORING AND REPORTING PROCEDURES

(a)  With the exceptions 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 a rule of
Subchapter 2D or 2Q of this Chapter.  When petitioning for alternative
monitoring or data reporting procedures, the owner or operator shall
follow the procedures of Paragraph (c) of this Rule.

(b)  This Rule does not apply to monitoring or reporting requirements of
40 CFR Part 60, 61, 63, or 75.

(c)  When petitioning to use alternative monitoring or data reporting
procedures in place of those procedures in .0606, .0607, .0608 of this
Section or in Section .0900, .1200, .1400 of this Subchapter, the owner
or operator of the source shall submit a written petition to the
Director that shall include:

(1)	the name and address of the company and the name and telephone
number of a principal executive officer specified in 15A NCAC 2Q
.0304(j) or responsible official specified in 15A NCAC 2Q .0520 over
whose signature the petition is submitted;

(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 significantly 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 significant
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 the Director considers 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 Director finds the petition satisfies the showing required by
Subparagraph (c)(7) of this Rule;

(3)	The Director finds that the proposed alternative monitoring or data
reporting procedures provide information of sufficient quality to
determine with reasonable certainty 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)  When monitoring or reporting requirements differ from those
specified in the appropriate rule in this Subchapter or Subchapter 2Q 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.

15A NCAC 02D .0613	QUALITY ASSURANCE PROGRAM

(a)  Any person required to operate a monitoring device by this
Subchapter or Subchapter 2Q of this Chapter shall develop and implement
a quality assurance program for the monitoring device.

(b)  The Director may require the owner or operator of a facility
required to operate a monitoring device by this Subchapter or Subchapter
2Q of this Chapter to submit a 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.

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. 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 provides an adequate quality assurance program.

(d)  Owner 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 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 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 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.

15A NCAC 02D .0614	COMPLIANCE ASSURANCE MONITORING

(a)  General Applicability. With the exception of Paragraph (b) of this
Rule, the requirements of this part shall apply to a pollutant-specific
emissions unit at a facility required to obtain permit under 15A NCAC 2Q
.0500 if the unit satisfies all of the following criteria:

(1)	The unit 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 under Subparagraph
(b)(1) of this Rule;

(2)	The unit uses a control device to achieve compliance with any such
emission limitation or standard; and

(3)	The unit has potential pre-control device emissions of the
applicable regulated air pollutant that are equal to or greater than 100
tons per year. For purposes of this Subparagraph, "potential pre-control
device emissions" means the same as "potential to emit," as defined in
15A NCAC 2Q .0103, except that emission reductions achieved by the
applicable control device shall not be taken into account.

(b)  Exemptions.

(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 under 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 this Subchapter and Subchapter 15A NCAC 2Q and that are
incorporated in a permit issued under 15A NCAC 2Q .0500;

(E)	an emissions cap that is approved under the rules of this Subchapter
and Subchapter 15A NCAC 2Q and incorporated in a permit issued under 15A
NCAC 2Q .0500;

(F)	emission limitations or standards for which a permit issued under
15A NCAC 2Q .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, this exemption 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 under 15A NCAC 2Q .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 2Q .0103.

(2)	"Part 70 or 71 permit application" means an application (including
any supplement to a previously submitted application) submitted by the
owner or operator to obtain a permit under 15A NCAC 2Q .0500.

(3)	"Part 70 or 71 permit" means a permit issued under 15A NCAC 2Q
.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 under 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.

(g)  Nothing in this Rule shall:

(1)	excuse the owner or operator of a source from compliance with any
existing emission limitation or standard, or any existing monitoring,
testing, reporting or recordkeeping requirement that may apply under
federal, state, or local law, or any other applicable requirements. The
requirements of this Rule shall not be used to justify the approval of
monitoring less stringent than the monitoring that is required under
another Rule in this Subchapter or Subchapter 15A NCAC 2Q or Title 40 of
the CFR and are not intended to establish minimum requirements for the
purpose of determining the monitoring to be imposed under another Rule
in this Subchapter or Subchapter 15A NCAC 2Q or Title 40 of the CFR. The
purpose of this Rule is to require, as part of the issuance of a permit
under 15A NCAC 2Q .0500, improved or new monitoring at those emissions
units where monitoring requirements do not exist or are inadequate to
meet the requirements of this Rule;

(2)	restrict or abrogate the authority of the Division to impose
additional or more stringent monitoring, recordkeeping, testing, or
reporting requirements on any owner or operator of a source under any
provision of this Subchapter or Subchapter 15A NCAC 2Q or the General
Statutes;

(3)	restrict or abrogate the authority of the Division to take any
enforcement action for any violation of an applicable requirement; or

(4)	restrict the authority of the Administrator of the Environmental
Protection Agency or of any person to take action under Section 304 of
the federal Clean Air Act as stated under 40 CFR 64.10.

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.

15A NCAC 02D .0615	DELEGATION

The Director may delegate his administrative and approval functions
under this Section to the Deputy Director, regional air quality
supervisor, or any supervisor in the Permitting, Ambient Monitoring, or
Technical Services Section of the Division as he considers appropriate.

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

Eff. April 1, 1999.

SECTION .0800 - COMPLEX SOURCES

15A NCAC 02D .0801	PURPOSE AND SCOPE

(a)  The purpose of this Section is to set forth requirements of the
Commission relating to construction or modification of a transportation
facility which may result in an ambient air quality standard for carbon
monoxide being exceeded.

(b)  For purposes of this Section any transportation facility that was
under construction or was the subject of a contract for construction
prior to November 15, 1973, shall not be considered a new air pollution
source.

(c)  Approval to construct or modify a transportation facility shall not
relieve any owner or developer of the transportation facility of the
responsibility to comply with the state control strategy and all local
and state regulations which are part of the North Carolina State
Implementation Plan for Air Quality.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.109;

Eff. February 1, 1976;

Amended Eff. December 1, 1976;

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

Amended Eff. February 1, 2005; July 1, 1994; July 1, 1984.

15A NCAC 02D .0802	DEFINITIONS

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

(1)	"Construction" means any activity following land clearing or grading
that engages in a program of construction specifically designed for a
transportation facility in preparation for the fabrication, erection, or
installation of the building components which are a part of the
transportation facility, e.g. curbing, footings, conduit, paving, etc.

(2)	"Modify" or "modification" means to alter or change the facility
resulting in an increase in parking capacity as defined in Rule .0805 of
this Section or the number of aircraft operations from an airport as
defined in Rule .0804 of this Section.

(3)	"Peak-hour aircraft operation" means the hour during the calendar
year when the maximum number of aircraft operations (one operation
equals one takeoff or one landing) occur.

(4)	"Owner or developer" means any person who owns, leases, develops, or
controls a transportation facility.

(5)	"Transportation facility" means a complex source as defined in G.S.
143-213(22) which is subject to the requirements of this Section.

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

permanent rule becomes effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.109;

Eff. February 1, 1976;

Amended Eff. July 1, 1994; July 1, 1984.

15A NCAC 02D .0804	AIRPORT FACILITIES

(a)  This Rule does not apply to military airfields.

(b)  Before constructing or modifying any airport facility designed to
have at least 100,000 annual aircraft operations, or at least 45
peak-hour aircraft operations (one operation equals one takeoff or one
landing), the owner or developer of the airport facility shall apply for
and have received a permit as described in 15A NCAC 2Q .0600, and shall
comply with all terms and conditions therein.

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

permanent rule becomes effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.109;

Eff. February 1, 1976;

Amended Eff. July 1, 1996; July 1, 1994; July 1, 1984.

15A NCAC 02D .0805	PARKING FACILITIES

(a)  The owner or developer of a transportation facility shall not
construct or modify a parking area or associated buildings until he has
applied for and received a permit under 15A NCAC 2Q .0600 where the
parking area is for:

(1)	construction of a new or expansion of an existing parking lot or
combination of parking lots resulting in a parking capacity of at least
1500 spaces or a potential open parking area of at least 450,000 square
feet (1500 spaces at 300 square feet per stall);

(2)	modification of an existing parking lot or combination of parking
lots with a parking capacity of at least 1500 spaces that will be
expanded by at least 500 spaces beyond the last permitted number of
spaces;

(3)	construction of a new or expansion of an existing parking deck or
garage resulting in a parking capacity of at least 750 spaces or a
potential parking area of at least 225,000 square feet (750 spaces at
300 square feet per stall);

(4)	modification of an existing parking deck or garage with a parking
capacity of at least 750 spaces that will be expanded by at least 250
spaces beyond the last permitted number of spaces;

(5)	construction of a new or expansion of an existing combination of
parking lots, decks, and garages resulting in a parking capacity of at
least 1000 spaces or a potential parking area of at least 300,000 square
feet; or

(6)	modification of an existing combination of parking lots, decks, and
garages with a parking capacity of at least 1000 spaces that will be
expanded by at least 500 spaces beyond the last permitted number of
spaces.

(b)  New or modified parking lots, decks, or garages with a parking
capacity of 500 or more spaces and existing or proposed parking
facilities that:

(1)	are directly adjacent to each other and the combined parking
capacities are greater than those defined in Paragraph (a) of this Rule,
and

(2)	use the same public roads or traffic network, shall be considered
one lot or deck.  Transportation facilities shall be considered to be
directly adjacent if they are within 100 meters of each other in a
suburban or rural area or 50 meters of each other in an urban area and
if there are no existing physical barriers, such as, buildings or
terrain.

(c)  Temporary barriers shall not be used to reduce the capacity of an
otherwise affected transportation facility to less than the amount which
requires permitting.  The design and plan shall clearly show the total
parking capacity.

(d)  Phased construction shall be evaluated and permitted for a period
not to exceed five years from the date of application.

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

becomes effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.109;

Eff. July 1, 1994;

Amended Eff. July 1, 1996.

15A NCAC 02D .0806	AMBIENT MONITORING AND MODELING ANALYSIS

(a)  The Director may require the owner or developer of a transportation
facility subject to the requirements of this Section to conduct ambient
air quality monitoring if dispersion modeling, traffic analysis, or
other ambient air quality monitoring data indicates that there is a
potential for the ambient air quality standard for carbon monoxide to be
exceeded. If ambient air quality monitoring is required, the permit
shall specify the duration of such monitoring.

(b)  The Director may require the owner or developer of a transportation
facility subject to the requirements of this Section to perform
dispersion modeling analyses to predict the impact of proposed
construction or modification of a transportation facility on ambient air
quality if ambient air quality monitoring, traffic analysis, or other
dispersion modeling analysis indicates that there is a potential for the
ambient air quality standard for carbon monoxide to be exceeded.

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

rule becomes effective whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.66; 143-215.109;

Eff. July 1, 1994.

SECTION .0900 - VOLATILE ORGANIC COMPOUNDS

15A NCAC 02D .0901	DEFINITIONS

For the purpose of this Section, the following definitions 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 wherein a surface coating is applied, dried, or cured and which
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 which
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 which 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
which employs an intermediate vapor holder to accumulate vapors
displaced from tanks during filling.  The control device treats 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 combination can be
connected to a tank truck or trailer parked in a specified loading
space.

(12)	"Low solvent coating" means a coating which contains a
substantially lower amount of volatile organic compound than
conventional organic solvent borne coatings; it usually 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 within which heat is used to bake, cure,
polymerize, or dry a surface coating.

(15)	"Potential emissions" means the quantity of a pollutant which 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 which 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 which has been applied to similar, but not
necessarily identical, 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, Part 17, 1973, D-323-72 (reapproved 1977).

(19)	"Shutdown" means the cessation of operation of a source or a part
thereof or emission control equipment.

(20)	"Solvent" means organic materials which are liquid at standard
conditions and which are 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)	"Startup" means the setting in operation of a source or emission
control equipment.

(23)	"Substrate" means the surface to which a coating is applied.

(24)	"Topcoat" means the final films of coating applied in a multiple or
single coat operation.

(25)	"True vapor pressure" means the equilibrium partial pressure
exerted by a petroleum liquid as determined in accordance with methods
described in American Petroleum Institute Bulletin 2517, "Evaporation
Loss from Floating Roof Tanks," 1962.

(26)	"Vapor collection system" means a vapor transport system which uses
direct displacement by the liquid loaded to force vapors from the tank
into a vapor control system.

(27)	"Vapor control system" means a system which prevents release to the
atmosphere of at least 90 percent by weight of organic compounds in the
vapors displaced from a tank during the transfer of gasoline.

(28)	"Volatile organic compound" (also denoted as VOC) means any
compound of carbon whose volatile content can be determined by the
procedure described in Section .2600 of this Subchapter 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);

Eff. July 1, 1979;

Amended Eff. June 1, 2008; July 1, 1996; December 1, 1993; July 1, 1991;
March 1, 1991; December 1, 1989.

15A NCAC 02D .0902	APPLICABILITY

(a)  The rules in this Section do not apply except as specifically set
out in this Rule.

(b)  Regardless of any other statement of applicability of this Section,
this Section does not apply to:

(1)	sources whose emissions of volatile organic compounds are not more
than 15 pounds per day, except that this Section does apply to the
manufacture and use of cutback asphalt and to gasoline service stations
or gasoline dispensing facilities regardless of levels of emissions of
volatile organic compounds;

(2)	sources whose emissions do not exceed 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

(3)	emissions of volatile organic compounds during startup or shutdown
operations from sources which 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.

(c)  The following rules of this Section apply statewide:

(1)	.0925, Petroleum Liquid Storage in Fixed Roof Tanks, for fixed roof
tanks at gasoline bulk plants and gasoline bulk terminals;

(2)	.0926, Bulk Gasoline Plants;

(3)	.0927, Bulk Gasoline Terminals;

(4)	.0928, Gasoline Service Stations Stage I;

(5)	.0932, Gasoline Truck Tanks and Vapor Collection Systems;

(6)	.0933, Petroleum Liquid Storage in External Floating Roof Tanks, for
external floating roof tanks at bulk gasoline plants and bulk gasoline
terminals;

(7)	.0948, VOC Emissions from Transfer Operations;

(8)	.0949, Storage of Miscellaneous Volatile Organic Compounds; and

(9)	.0958, Work Practices for Sources of Volatile Organic Compounds.

(d)  Rule .0953, Vapor Return Piping for Stage II Vapor Recovery, of
this Section applies in Davidson, Durham, Forsyth, Guilford, Wake,
Dutchville Township in Granville County, and that part of Davie County
bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway
801, Fulton Creek and back to Yadkin River in accordance with provisions
set out in that Rule.

(e)  All sources located in Mecklenburg County that were required to
comply with any of the Rules in Subparagraphs (e)(1) or (2) of this Rule
before July 5, 1995 shall continue to comply with these Rules:

(1)	.0917 through .0937 of this Section, or

(2)	.0943 through .0945 of this Section.

(f)  The Rules in this Section apply to facilities with the potential to
emit 100 tons or more volatile organic compounds per year in the
following areas:

(1)	Cabarrus County

(2)	Gaston County

(3)	Lincoln County

(4)	Mecklenburg County

(5)	Rowan County

(6)	Union County

(7)	Davidson Township and Coddle Creek Township in Iredell County

(g)  If a violation of the ambient air quality standard for ozone is
measured in accordance with 40 CFR 50.9 in Davidson, Forsyth, or
Guilford County or that part of Davie County bounded by the Yadkin
River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and
back to Yadkin River, the Director shall initiate analysis to determine
the control measures needed to attain and maintain the ambient air
quality standard for ozone.  By the following May 1, the Director shall
implement the specific stationary source control measures contained in
this Section that are required as part of the control strategy necessary
to bring the area into compliance and to maintain compliance with the
ambient air quality standard for ozone. The Director shall implement the
rules in this Section identified as being necessary by the analysis by
notice in the North Carolina Register.  The notice shall identify the
rules that are to be implemented and shall identify whether the rules
implemented are to apply in Davidson, Forsyth, or Guilford County or
that part of Davie County bounded by the Yadkin River, Dutchmans Creek,
North Carolina Highway 801, Fulton Creek and back to Yadkin River or any
combination thereof.  At least one week before the scheduled publication
date of the North Carolina Register containing the Director's notice
implementing rules in this Section, the Director shall send written
notification to all permitted facilities within the county in which the
rules are being implemented that are or may be subject to the
requirements of this Section informing them that they are or may be
subject to the requirements of this Section.  (For Forsyth County,
"Director" means for the purpose of notifying permitted facilities in
Forsyth County, the Director of the Forsyth County local air pollution
control program.)  Compliance shall be in accordance with Rule .0909 of
this Section.

(h)  If a violation of the ambient air quality standard for ozone is
measured in accordance with 40 CFR 50.9 in Durham or Wake County or
Dutchville Township in Granville County, the Director shall initiate
analysis to determine the control measures needed to attain and maintain
the ambient air quality standard for ozone.  By the following May 1, the
Director shall implement the specific stationary source control measures
contained in this Section that are required as part of the control
strategy necessary to bring the area into compliance and to maintain
compliance with the ambient air quality standard for ozone.  The
Director shall implement the rules in this Section identified as being
necessary by the analysis by notice in the North Carolina Register.  The
notice shall identify the rules that are to be implemented and shall
identify whether the rules implemented are to apply in Durham or Wake
County or Dutchville Township in Granville County or any combination
thereof.  At least one week before the scheduled publication date of the
North Carolina Register containing the Director's notice implementing
rules in this Section, the Director shall send written notification to
all permitted facilities within the county in which the rules are being
implemented that are or may be subject to the requirements of this
Section informing them that they are or may be subject to the
requirements of this Section.  Compliance shall be in accordance with
Rule .0909 of this Section.

(i)  If EPA reclassifies the Charlotte-Gastonia-Rock Hill ozone
nonattainment area as serious for ozone under Section 182 of the federal
Clean Air Act, the rules in this Section shall apply to facilities in
Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and
Davidson and Coddle Creek townships in Iredell County with the potential
to emit at least 50 tons but less than 100 tons of volatile organic
compounds per year. Within 60 days of the reclassification, the Director
shall notice the applicability of these Rules to these facilities in the
North Carolina Register and shall send written notification to all
permitted facilities within the counties in which the rules are being
implemented that are or may be subject to the requirements of this
Section informing them that they are or may be subject to the
requirements of this Section. (For Mecklenburg County, "Director" means
for the purpose of notifying permitted facilities in Mecklenburg County,
the Director of the Mecklenburg County local air pollution control
program.)  Compliance shall be according to Rule .0909 of this Section.

(j)  Sources whose emissions of volatile organic compounds are not
subject to limitation under this Section may still be subject to
emission limits on volatile organic compounds in Rules .0524, .1110, or
.1111 of this Subchapter.

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

Eff. July 1, 1979;

Amended Eff. July 1, 2007; March 1, 2007; August 1, 2004; July 1, 2000;
April 1, 1997; July 1, 1996; July 1, 1995; May 1, 1995; July 1, 1994.

15A NCAC 02D .0903	RECORDKEEPING: REPORTING: MONITORING

(a)  The owner or operator of any volatile organic compound emission
source or control equipment shall:

(1)	install, operate, and maintain process and control equipment
monitoring instruments or procedures as necessary to comply with the
requirements of this Section; and

(2)	maintain, in writing, data and reports relating to monitoring
instruments or procedures which will, upon review, document the
compliance status of the volatile organic compound emission source or
control  equipment; such data and reports shall, as a minimum, be
maintained daily.

(b)  The owner or operator of any volatile organic compound emission
source or control equipment subject to the requirements of this Section
shall comply with the monitoring, recordkeeping, and reporting
requirements in Section .0600 of this Subchapter.

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

Eff. July 1, 1979;

Amended Eff. April 1, 1999; July 1, 1993; July 1, 1991; December 1,
1989; January 1, 1985.

15A NCAC 02D .0906	CIRCUMVENTION

(a)  An owner or operator subject to this Section shall not build,
erect, install, or use any article, machine, equipment, process, or
method, the use of which conceals an emission which would otherwise
constitute a violation of an applicable regulation.

(b)  Paragraph (a) of this Regulation includes, but is not limited to,
the use of gaseous dilutants to achieve compliance and the piecemeal
carrying out of an operation to avoid coverage by a regulation that
applies only to operations larger than a specified size.

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

Eff. July 1, 1979;

Amended Eff. January 1, 1985.

15A NCAC 02D .0909	COMPLIANCE SCHEDULES FOR SOURCES IN NONATTAINMENT
AREAS

(a)  Applicability. With the exceptions in Paragraph (b) of this Rule,
this Rule applies to all sources covered by Paragraph (f), (g), (h), or
(i) of Rule .0902 of this Section.

(b)  Exceptions. This Rule does not apply to:

(1)	sources in Mecklenburg County required to comply with the
requirements of this Section under Rule .0902(e) of this Section;

(2)	sources covered under Rule .0953 or .0954 of this Section; or

(3)	sources required to comply with the requirements of this Section
under Rule .0902(c) of this Section.

(c)  Maintenance area and Charlotte ozone nonattainment area contingency
plan.  The owner or operator of any source subject to this Rule because
of the application of Paragraph (g), (h), or (i) of Rule .0902 of this
Section shall adhere to the following increments of progress and
schedules:

(1)	if compliance is to be achieved by installing emission control
equipment, replacing process equipment, or modifying existing process
equipment:

(A)	The owner or operator shall submit a permit application and a
compliance schedule within six months after the Director notices the
implementation of rules in the North Carolina Register that resolves a
violation of the ambient air quality standard for ozone;

(B)	The compliance schedule shall contain the following increments of
progress:

(i)	a date by which contracts for the emission control system and
process equipment shall be awarded or orders shall be issued for
purchase of component parts;

(ii)	a date by which on-site construction or installation of the
emission control and process equipment shall begin; and

(iii)	a date by which on-site construction or installation of the
emission control and process equipment shall be completed;

(C)	Final compliance shall be achieved within three years after the
Director notices the implementation of rules in the North Carolina
Register that resolves a violation of the ambient air quality standard
for ozone.

(2)	if compliance is to be achieved by using low solvent content coating
technology:

(A)	The owner or operator shall submit a permit application and a
compliance schedule within six months after the Director notices the
implementation of rules in the North Carolina Register that resolves a
violation of the ambient air quality standard for ozone;

(B)	The compliance schedule shall contain the following increments:

(i)	a date by which research and development of low solvent content
coating shall be completed if the Director determines that low solvent