observations as specified in 40 CFR 60.58b(k), except as provided in
Part (B) of this Subparagraph.

(B)	The emission limit specified in Part (A) of this Subparagraph covers
visible emissions discharged to the atmosphere from buildings or
enclosures, not the visible emissions discharged inside of the building
or enclosures, of ash conveying systems.

(13)	Toxic Emissions. The owner or operator of a municipal waste
combustor shall demonstrate compliance with Section .1100 of this
Subchapter according to 15A NCAC 02Q .0700.

(14)	Ambient Standards.

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

(i)	arsenic and its compounds			2.3x10-7

(ii)	beryllium and its compounds		4.1x10-6

(iii)	cadmium and its compounds		5.5x10-6

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

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

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

(15)	The emission standards of Subparagraphs (1) through (12) of this
Paragraph shall apply at all times except during periods of municipal
waste combustion unit startup, shutdown, or malfunction that last no
more than three hours.

(d)  Operational Standards.

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

(2)	Each municipal waste combustor shall meet the following operational
standards:

(A)	The concentration of carbon monoxide at the municipal waste
combustor outlet shall not exceed the concentration in:

(i)	table 3 of 40 CFR 60.34b(a) for large municipal waste combustors.
The municipal waste combustor technology named in this table is defined
in 40 CFR 60.51b; and

(ii)	table 5 of 40 CFR 60 Subpart BBBB. The municipal waste combustor
technology named in this table is defined in 40 CFR 60.1940.

(B)	The load level shall not exceed 110 percent of the maximum
demonstrated municipal waste combustor unit load (four-hour block
average).

(C)	The temperature at which the combustor operates measured at the
particulate matter control device inlet shall not exceed 63 degrees F
above the maximum demonstrated particulate matter control device
temperature (four-hour block average).

(D)	The owner or operator of a municipal waste combustor with activated
carbon control system to control dioxins and furans or mercury emissions
shall maintain an eight-hour block average carbon feed rate at or above
the highest average level established during the most recent dioxins and
furans or mercury test and shall evaluate total carbon usage for each
calendar quarter. The total amount of carbon purchased and delivered to
the municipal waste combustor shall be at or above the required
quarterly usage of carbon and shall be calculated as specified in
equation four or five in 40 CFR 60.1935(f).

(E)	The owner or operator of a municipal waste combustor shall be
exempted from limits on load level, temperature at the inlet of the
particular matter control device, and carbon feed rate during:

(i)	the annual tests for dioxins and furans;

(ii)	the annual mercury tests for carbon feed requirements only;

(iii)	the two weeks preceding the annual tests for dioxins and furans;

(iv)	the two weeks preceding the annual mercury tests for carbon feed
rate requirements only; and

(v)	any activities to improve the performance of the municipal waste
combustor or its emission control including performance evaluations and
diagnostic or new technology testing.

(3)	Except during start-up where the procedure has been approved
according to Rule .0535(g) of this Subchapter, waste material shall not
be loaded into any incinerator subject to this Rule when the temperature
is below the minimum required temperature. Start-up procedures may be
determined on a case-by-case basis according to Rule .0535(g) of this
Subchapter and Subparagraph (4) of this Paragraph. Incinerators subject
to this Rule shall have automatic auxiliary burners that are capable of
maintaining the required minimum temperature in the secondary chamber
excluding the heat content of the wastes.

(4)	The operational standards of this Paragraph apply at all times
except during periods of municipal waste combustor startup, shutdown, or
malfunction that last no more than:

(A)	three hours for Class I combustors; or

(B)	three hours except as specified in 40 CFR 60.58b9(a)(1)(iii) for
large municipal waste combustors.

(e)  Test Methods and Procedures.

(1)	The test methods and procedures described in Rule .0501 of this
Subchapter and in 40 CFR Part 60 Appendix A and 40 CFR Part 61 Appendix
B shall be used to determine compliance with emission rates. Method 29
of 40 CFR Part 60 shall be used to determine emission rates for metals.
However, Method 29 shall be used to sample for chromium (VI), and SW 846
Method 0060 shall be used for the analysis.

(2)	The owner or operator of a municipal waste combustor shall do
compliance and performance testing according to 40 CFR 60.58b.

(3)	For large municipal waste combustors that achieve a dioxin and furan
emission level less than or equal to 15 nanograms per dry standard cubic
meter total mass, corrected to seven percent oxygen, the performance
testing shall be performed according to the testing schedule specified
in 40 CFR 60.58b(g)(5)(iii). For class I municipal waste combustors the
performance testing shall be performed according to the testing schedule
specified in 40 CFR  60.1785 to demonstrate compliance with the
applicable emission standards in Paragraph (c) of this Rule.

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

(f)  Monitoring, Recordkeeping, and Reporting.

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

(2)	The owner or operator of an incinerator that has installed air
pollution abatement equipment to reduce emissions of hydrogen chloride
shall install, operate, and maintain continuous monitoring equipment to
measure pH for wet scrubber systems and rate of alkaline injection for
dry scrubber systems.

(3)	The owner or operator of a municipal waste combustor shall:

(A)	install, calibrate, operate, and maintain, for each municipal waste
combustor, continuous emission monitors to determine the following:

(i)	opacity according to 40 CFR 60.58b(c) for large municipal waste
combustors and 40 CFR 60.1720 for class I municipal waste combustors;

(ii)	sulfur dioxide according to 40 CFR 60.58b(e) for large municipal
waste combustors and 40 CFR 60.1720 for class I municipal waste
combustors;

(iii)	nitrogen oxides according to 40 CFR 60.58b(h) for large municipal
waste combustors and 40 CFR 60.1720 for class I municipal waste
combustors;

(iv)	oxygen (or carbon dioxide) according to 40 CFR 60.58b(b) for large
municipal waste combustors and 40 CFR 60.1720 for class I municipal
waste combustors; and

(v)	temperature level in the primary chamber and, where there is a
secondary chamber, in the secondary chamber;

(B)	monitor load level of each class I municipal waste combustor
according to 40 CFR 60.1810;

(C)	monitor temperature of the gases flue at the inlet of the
particulate matter air pollution control device according to 40 CFR
60.1815;

(D)	monitor carbon feed rate if activated carbon is used to abate
dioxins and furans or mercury emissions according to 40 CFR 60.1820;

(E)	maintain records of the information listed in 40 CFR 60.59b(d)(1)
through (d)(15) for large municipal waste combustors and in 40 CFR
60.1840 through 1855 for class I municipal waste combustors for a period
of at least five years;

(F)	following the initial compliance tests as required under Paragraph
(e) of this Rule, submit the information specified in 40 CFR
60.59b(f)(1) through (f)(6) for large municipal waste combustors and in
40 CFR 60.1875 for class I municipal waste combustors, in the initial
performance test report;

(G)	following the first year of municipal combustor operation, submit an
annual report specified in 40 CFR 60.59b(g) for large municipal waste
combustors and in 40 CFR 60.1885 for class I municipal waste combustors,
as applicable, no later than February 1 of each year following the
calendar year in which the data were collected. Once the unit is subject
to permitting requirements under 15A NCAC 02Q .0500, Title V Procedures,
the owner or operator of an affected facility shall submit these reports
semiannually; and

(H)	submit a semiannual report specified in 40 CFR 60.59b(h) for large
municipal waste combustors and in 40 CFR 60.1900 for class I municipal
waste combustors, for any recorded pollutant or parameter that does not
comply with the pollutant or parameter limit specified in this Section,
according to the schedule specified in 40 CFR 60.59b(h)(6).

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

(h)  Operator Training and Certification.

(1)	By January 1, 2000, or six months after the date of start-up of a
class I municipal waste combustor, whichever is later, and by July 1,
1999 or six months after the date of start-up of a large municipal waste
combustor, whichever is later:

(A)	Each facility operator and shift supervisor of a municipal waste
combustor shall obtain and maintain a current provisional operator
certification from the American Society of Mechanical Engineers (ASME
QRO-1-1994).

(B)	Each facility operator and shift supervisor of a municipal waste
combustor shall have completed full certification or shall have
scheduled a full certification exam with the American Society of
Mechanical Engineers (ASME QRO-1-1994).

(C)	The owner or operator of a municipal waste combustor plant shall not
allow the facility to be operated at any time unless one of the
following persons is on duty at the affected facility:

(i)	a fully certified chief facility operator;

(ii)	a provisionally certified chief facility operator who is scheduled
to take the full certification exam according to the schedule specified
in Part (B) of this Subparagraph;

(iii)	a fully certified shift supervisor; or

(iv)	a provisionally certified shift supervisor who is scheduled to take
the full certification exam according to the schedule specified in Part
(B) of this Subparagraph.

(D)	If one of the persons listed in this Subparagraph leaves the large
municipal waste combustor during his operating shift, a provisionally
certified control room operator who is onsite at the affected facility
may fulfill the requirements of this Part.

(E)	If one of the persons listed in this Subparagraph leaves the class I
municipal waste combustor during his operating shift, a provisionally
certified control room operator who is onsite at the affected facility
may fulfill the requirements specified in 40 CFR 60.1685.

(2)	The owner or operator of each municipal waste combustor shall
develop and update on a yearly basis a site-specific operating manual
that shall at the minimum address the elements of municipal waste
combustor unit operation specified in 40 CFR 60.54b(e)(1) through
(e)(11).

(3)	By July 1, 1999, or six months after the date of start-up of a
municipal waste combustor, whichever is later, the owner or operator of
the municipal waste combustor plant shall comply with the following
requirements:

(A)	All chief facility operators, shift supervisors, and control room
operators shall complete the EPA municipal waste combustor training
course.

(i)	The requirements specified in Part (A) of this Subparagraph shall
not apply to chief facility operators, shift supervisors and control
room operators who have obtained full certification from the American
Society of Mechanical Engineers on or before July 1, 1998.

(ii)	As provided under 40 CFR 60.39b(c)(4)(iii)(B), the owner or
operator may request that the Administrator waive the requirement
specified in Part (A) of this Subparagraph for the chief facility
operators, shift supervisors, and control room operators who have
obtained provisional certification from the American Society of
Mechanical Engineers on or before July 1, 1998.

(B)	The owner or operator of each municipal waste combustor shall
establish a training program to review the operating manual, according
to the schedule specified in Subparts (i) and (ii) of this Part, with
each person who has responsibilities affecting the operation of an
affected facility, including the chief facility operators, shift
supervisors, control room operators, ash handlers, maintenance
personnel, and crane-load handlers.

(i)	Each person specified in Part (B) of this Subparagraph shall undergo
initial training no later than the date specified in Items (I) through
(III) of this Subpart, whichever is later.

(I)	The date six months after the date of start-up of the affected
facility;

(II)	July 1, 1999; or

(III)	A date prior to the day when the person assumes responsibilities
affecting municipal waste combustor unit operation.

(ii)	Annually, following the initial training required by Subpart (i) of
this Part.

(C)	The operating manual required by Subparagraph (2) of this Paragraph
shall be updated continually and be kept in a readily accessible
location for all persons required to undergo training under Part (B) of
this Subparagraph. The operating manual and records of training shall be
available for inspection by the personnel of the Division on request.

(D)	The operating manual of class I municipal waste combustors shall
contain requirements specified in 40 CFR 60.1665 in addition to
requirements of Part (C) of this Subparagraph.

(4)	The referenced ASME exam in this Paragraph is hereby incorporated by
reference and includes subsequent amendments and editions. Copies of the
referenced ASME exam may be obtained from the American Society of
Mechanical Engineers (ASME), 22 Law Drive, Fairfield, NJ 07007, at a
cost of forty nine dollars ($49.00).

(i)  Compliance Schedules.

(1)	The owner or operator of a large municipal waste combustor shall
choose one of the following three compliance schedule options:

(A)	comply with all the requirements or close before August 1, 2000;

(B)	comply with all the requirements before three years following the
date of issuance of a revised construction and operation permit, if
permit modification is required, or after August 1, 2000, but before
August 1, 2002, if a permit modification is not required. If this option
is chosen, then the owner or operator of the facility shall submit to
the Director measurable and enforceable incremental steps of progress
towards compliance which include:

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

(ii)	a date by which on site construction, installation, or modification
of emission control equipment shall begin;

(iii)	a date by which on site construction, installation, or
modification of emission control equipment shall be completed;

(iv)	a date for initial start-up of emissions control equipment;

(v)	a date for initial performance test(s) of emission control
equipment; and

(vi)	a date by which the municipal waste combustor shall be in
compliance with this Rule, which shall be no later than three years from
the issuance of the permit; or

(C)	close between August 1, 2000, and August 1, 2002. If this option is
chosen then the owner or operator of the facility shall submit to the
Director a closure agreement which includes the date of the plant
closure.

(2)	All large municipal waste combustors for which construction,
modification, or reconstruction commenced after June 26, 1987, but
before September 19, 1994, shall comply with the emission limit for
mercury specified in Subparagraph (c)(8) of this Rule and the emission
limit for dioxin and furan specified in Subparagraph (c)(11) of this
Rule within one year following issuance of a revised construction and
operation permit, if a permit modification is required, or by August 1,
2000, whichever is later.

(3)	The owner or operator of a class I municipal waste combustor shall
choose one of the following four compliance schedule options:

(A)	comply with all requirements of this Rule beginning July 1, 2002;

(B)	comply with all requirements of this Rule by July 1, 2002 whether a
permit modification is required or not. If this option is chosen, then
the owner or operator shall submit to the Director along with the permit
application if a permit application is needed or by September 1, 2002 if
a permit application is not needed a compliance schedule that contains
the following increments of progress:

(i)	a final control plan as specified in 40 CFR 60.1610;

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

(iii)	a date by which onsite construction, installation, or
modernization of emission control system or equipment shall begin;

(iv)	a date by which  onsite construction, installation, or
modernization of emission control system or equipment shall be
completed; and

(v)	a date by which the municipal waste combustor shall be in compliance
with this Rule, which shall be no later no later than December 1, 2004;

(C)	comply with all requirements of this Rule by closing the combustor
by July 1, 2002 and then reopening it. If this option is chosen the
owner or operator shall:

(i)	meet increments of progress specified in 40 CFR 60.1585, if the
class I combustor is closed and then reopened prior to the final
compliance date; and

(ii)	complete emissions control retrofit and meet the emission limits
and good combustion practices on the date that the class I combustor
reopens operation if the class I combustor is closed and then reopened
after the final compliance date; or

(D)	comply by permanently closing the combustor. If this option is
chosen the owner or operator shall:

(i)	submit a closure notification, including the date of closure, to the
Director by July 1, 2002 if the class I combustor is to be closed on or
before September 1, 2002; or

(ii)	enter into a legally binding closure agreement with the Director by
July 1, 2002 if the class I combustor is to be closed after September 1,
2002, and the combustor shall be closed no later than December 1, 2004.

(4)	The owner or operator of a class I municipal waste combustor that
began construction, reconstruction or modification after June 26, 1987
shall comply with the emission limit for mercury specified in
Subparagraph (c)(8) of this Rule and the emission limit for dioxin and
furan specified in Part (c)(11)(B) of this Rule by July 1, 2002.

(5)	The owner or operator of any municipal waste combustor 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.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(4),(5);
40 CFR 60.35b; 40 CFR 60.34e; 40 CFR 60.1515;

Eff. October 1, 1991;

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

Temporary Amendment Eff. March 1, 2002;

Amended Eff. August 1, 2002;

Temporary Amendment Eff. March 1, 2003;

Temporary Amendment Expired December 12, 2003;

Amended Eff. April 1, 2004.

15A NCAC 02D .1206	HOSPITAL, MEDICAL, AND INFECTIOUS WASTE INCINERATORS

(a)  Applicability. This Rule applies to any hospital, medical, and
infectious waste incinerator (HMIWI), except:

(1)	any HMIWI required to have a permit under Section 3005 of the Solid
Waste Disposal Act;

(2)	any pyrolysis unit;

(3)	any cement kiln firing hospital waste or medical and infectious
waste;

(4)	any physical or operational change made to an existing HMIWI solely
for the purpose of complying with the emission standards for HMIWIs in
this Rule. These physical or operational changes are not considered a
modification and do not result in an existing HMIWI becoming subject to
the provisions of 40 CFR Part 60, Subpart Ec;

(5)	any HMIWI during periods when only pathological waste, low-level
radioactive waste, or chemotherapeutic waste is burned, provided that
the owner or operator of the HMIWI:

(A)	notifies the Director of an exemption claim; and

(B)	keeps records on a calendar quarter basis of the periods of time
when only pathological waste,  low-level radioactive waste, or
chemotherapeutic waste is burned; or

(6)	any co-fired HMIWI, if the owner or operator of the co-fired HMIWI:

(A)	notifies the Director of an exemption claim;

(B)	provides an estimate of the relative weight of hospital, medical and
infectious waste, and other fuels or wastes to be combusted; and

(C)	keeps records on a calendar quarter basis of the weight of hospital,
medical and infectious waste combusted, and the weight of all other
fuels and wastes combusted at the co-fired HMIWI.

(b)  Definitions. For the purpose of this Rule, the definitions
contained in 40 CFR 60.51c shall apply in addition to the definitions in
Rule .1202 of this Section.

(c)  Emission Standards.

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

(2)	Particulate Matter.

(A)	Emissions of particulate matter from a HMIWI shall not exceed:

Incinerator Size

Allowable Emission Rate (mg/dscm)

[corrected to seven percent oxygen]

Small

115

Medium	69

Large	34

(B)	Emissions of particulate matter from any small remote HMIWI shall
not exceed 197 milligrams per dry standard cubic meter, corrected to
seven percent oxygen.

(3)	Visible Emissions. On and after the date on which the initial
performance test is completed, the owner or operator of any HMIWI shall
not cause to be discharged into the atmosphere from the stack of the
HMIWI any gases that exhibit greater than 10 percent opacity (6-minute
block average).

(4)	Sulfur Dioxide. Emissions of sulfur dioxide from any HMIWI shall not
exceed 55 parts per million corrected to seven percent oxygen (dry
basis).

(5)	Nitrogen Oxide. Emissions of nitrogen oxides from any HMIWI shall
not exceed 250 parts per million by volume corrected to seven percent
oxygen (dry basis).

(6)	Carbon Monoxide. Emissions of carbon monoxide from any HMIWI shall
not exceed 40 parts per million by volume, corrected to seven percent
oxygen (dry basis).

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

(8)	Hydrogen Chloride.

(A)	Emissions of hydrogen chloride from any small, medium, or large
HMIWI shall be reduced by at least 93 percent by weight or volume or to
no more than 100 parts per million by volume corrected to seven percent
oxygen (dry basis), whichever is less stringent. Compliance with this
Part shall be determined by averaging emissions over a one-hour period.

(B)	Emissions of hydrogen chloride from any small remote HMIWI shall not
exceed 3100 parts per million by volume corrected to seven percent
oxygen (dry basis). Compliance with this Part shall be determined by
averaging emissions over a one-hour period.

(9)	Mercury Emissions.

(A)	Emissions of mercury from any small, medium, or large HMIWI shall be
reduced by at least 85 percent by weight or shall not exceed 0.55
milligrams per dry standard cubic meter, corrected to seven percent
oxygen, whichever is less stringent. Compliance with this Part shall be
determined by averaging emissions over a one-hour period.

(B)	Emissions of mercury from any small remote HMIWI shall not exceed
7.5 milligrams per dry standard cubic meter, corrected to seven percent
oxygen. Compliance with this Part shall be determined by averaging
emissions over a one-hour period.

(10)	Lead Emissions.

(A)	Emissions of lead from any small, medium, or large HMIWI shall be
reduced by at least 70 percent by weight or shall not exceed 1.2
milligrams per dry standard cubic meter, corrected to seven percent
oxygen, whichever is less stringent.

(B)	Emissions of lead from any small remote HMIWI shall not exceed 10
milligrams per dry standard cubic meter, corrected to seven percent
oxygen.

(11)	Cadmium Emissions.

(A)	Emissions of cadmium from any small, medium, or large HMIWI shall be
reduced by at least 65 percent by weight or shall not exceed 0.16
milligrams per dry standard cubic meter, corrected to seven percent
oxygen, whichever is less stringent.

(B)	Emissions of cadmium from any small remote HMIWI shall not exceed 4
milligrams per dry standard cubic meter, corrected to seven percent
oxygen.

(12)	Dioxins and Furans.

(A)	Emissions of dioxins and furans from any small, medium, or large
HMIWI shall not exceed 125 nanograms per dry standard cubic meter total
dioxins and furans, corrected to seven percent oxygen or 2.3 nanograms
per dry standard cubic meter (total equivalency), corrected to seven
percent oxygen.

(B)	Emissions of dioxins and furans from any small remote HMIWI shall
not exceed 800 nanograms per dry standard cubic meter total dioxins and
furans, corrected to seven percent oxygen or 15 nanograms per dry
standard cubic meter (total equivalency), corrected to seven percent
oxygen.

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

(14)	Ambient Standards.

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

(i)	arsenic and its compounds				2.3x10-7

(ii)	beryllium and its compounds			4.1x10-6

(iii)	cadmium and its compounds			5.5x10-6

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

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

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

(d)  Operational Standards.

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

(2)	Each small remote HMIWI shall have an initial equipment inspection
by July 1, 2000, and an annual inspection each year thereafter.

(A)	At a minimum, the inspection shall include all the elements listed
in 40 CFR 60.36e(a)(1)(i) through (xvii).

(B)	Any necessary repairs found during the inspection shall be completed
within 10 operating days of the inspection unless the owner or operator
submits a written request to the Director for an extension of the 10
operating day period. The Director shall grant the extension if:

(i)	the owner or operator of the small remote HMIWI demonstrates that
achieving compliance by the time allowed under this Part is not
feasible; and

(ii)	the Director does not extend the time allowed for compliance by
more than 30 days following the receipt of the written request.

(3)	The owner or operator of any HMIWI, except small remote HMIWI,
subject to this Rule shall comply with the compliance and performance
testing requirements of 40 CFR 60.56c, excluding the fugitive emissions
testing requirements under 40 CFR 60.56c(b)(12) and (c)(3).

(4)	The owner or operator of any small remote HMIWI shall comply with
the following compliance and performance testing requirements:

(A)	conduct the performance testing requirements in 40 CFR 60.56c(a),
(b)(1) through (b)(9), (b)(11)(mercury only), and (c)(1). The 2,000
pound per week limitation does not apply during performance tests;

(B)	establish maximum charge rate and minimum secondary chamber
temperature as site-specific operating parameters during the initial
performance test to determine compliance with applicable emission
limits; and

(C)	following the date on which the initial performance test is
completed, ensure that the HMIWI does not operate above the maximum
charge rate or below the minimum secondary chamber temperature measured
as three hour rolling averages, calculated each hour as the average of
all previous three operating hours, at all times except during periods
of start-up, shut-down and malfunction. Operating parameter limits do
not apply during performance tests. Operation above the maximum charge
rate or below the minimum secondary chamber temperature shall constitute
a violation of the established operating parameters.

(5)	Except as provided in Subparagraph (3) of this Paragraph, operation
of the HMIWI above the maximum charge rate and below the minimum
secondary temperature, each measured on a three hour rolling average,
simultaneously shall constitute a violation of the particulate matter,
carbon monoxide, and dioxin and furan emission limits.

(6)	The owner or operator of a HMIWI may conduct a repeat performance
test within 30 days of violation of applicable operating parameters to
demonstrate that the HMIWI is not in violation of the applicable
emission limits. Repeat performance tests conducted pursuant to this
Subparagraph shall be conducted using the identical operating parameters
that indicated a violation under Subparagraph (4) of this Paragraph.

(e)  Test Methods and Procedures.

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

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

(f)  Monitoring, Recordkeeping, and Reporting.

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

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

(3)	In addition to the requirements of Subparagraphs (1) and (2) of this
Paragraph, the owner or operator of a HMIWI shall comply with the
reporting and recordkeeping requirements listed in 40 CFR 60.58c(b),
(c), (d), (e), and (f), excluding 40 CFR 60.58c(b)(2)(ii) and (b)(7).

(4)	In addition to the requirements of Subparagraphs (1), (2) and (3) of
this Paragraph, the owner or operator of a small remote HMIWI shall:

(A)	maintain records of the annual equipment inspections, any required
maintenance, and any repairs not completed within 10 days of an
inspection;

(B)	submit an annual report containing information recorded in Part (A)
of this Subparagraph to the Director no later than 60 days following the
year in which data were collected. Subsequent reports shall be sent no
later than 12 calendar months following the previous report. The report
shall be signed by the HMIWI manager; and

(C)	submit the reports required by Parts (A) and (B) of this
Subparagraph to the Director semiannually once the HMIWI is subject to
the permitting procedures of 15A NCAC 02Q .0500, Title V Procedures.

(5)	Waste Management Guidelines. The owner or operator of a HMIWI shall
comply with the requirements of 40 CFR 60.55c for the preparation and
submittal of a waste management plan.

(6)	Except as provided in Subparagraph (7) of this Paragraph, the owner
or operator of any HMIWI shall comply with the monitoring requirements
in 40 CFR 60.57c.

(7)	The owner or operator of any small remote HMIWI shall:

(A)	install, calibrate, maintain, and operate a device for measuring and
recording the temperature of the secondary chamber on a continuous
basis, the output of which shall be recorded, at a minimum, once every
minute throughout operation.

(B)	install, calibrate, maintain, and operate a device which
automatically measures and records the date, time, and weight of each
charge fed into the HMIWI.

(C)	obtain monitoring data at all times during HMIWI operation except
during periods of monitoring equipment malfunction, calibration, or
repair. At a minimum, valid monitoring data shall be obtained for 75
percent of the operating hours per day and for 90 percent of the
operating hours per calendar quarter that the HMIWI is combusting
hospital, medical, and infectious waste.

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

(h)  Operator Training and Certification.

(1)	The owner or operator of a HMIWI shall not allow the HMIWI to
operate at any time unless a fully trained and qualified HMIWI operator
is accessible, either at the facility or available within one hour. The
trained and qualified HMIWI operator may operate the HMIWI directly or
be the direct supervisor of one or more HMIWI operators.

(2)	Operator training and qualification shall be obtained by completing
the requirements of 40 CFR 60.53c(c) through (g).

(3)	The owner or operator of a HMIWI shall maintain, at the facility,
all items required by 40 CFR 60.53c(h)(1) through (h)(10).

(4)	The owner or operator of a HMIWI shall establish a program for
reviewing the information required by Subparagraph (3) of this Paragraph
annually with each HMIWI operator. The reviews of the information shall
be conducted annually.

(5)	The information required by Subparagraph (3) of this Paragraph shall
be kept in a readily accessible location for all HMIWI operators. This
information, along with records of training shall be available for
inspection by Division personnel upon request.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 40 CFR
60.34e;

Eff. October 1, 1991;

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

15A NCAC 02D .1207	CONICAL INCINERATORS

(a)  Purpose.  The purpose of this Rule is to set forth the requirements
of the Commission relating to the use of conical incinerators in the
burning of wood and agricultural waste.

(b)  Scope.  This Rule shall apply to all conical incinerators which are
designed to incinerate wood and agricultural waste.

(c)  Each conical incinerator subject to this Rule shall be equipped and
maintained with:

(1)	an underfire and an overfire forced air system and variable damper
which is automatically controlled to ensure the optimum temperature
range for the complete combustion of the amount and type of material
waste being charged into the incinerator;

(2)	a temperature recorder for continuously recording the temperature of
the exit gas;

(3)	a feed system capable of delivering the waste to be burned at a
sufficiently uniform rate to prevent temperature from dropping below
800oF during normal operation, with the exception of one startup and one
shutdown per day.

(d)  The owner of the conical incinerator shall monitor and report
ambient particulate concentrations using the appropriate method
specified in 40 CFR Part 50 with the frequency specified in 40 CFR Part
58. The Director may require more frequent monitoring if measured
particulate concentrations exceed the 24-hour concentration allowed
under 15A NCAC 2D .0400. The owner or operator shall report the
monitoring data quarterly to the Division.

(e)  In no case shall the ambient air quality standards as defined in
Section .0400 of this Subchapter be exceeded.

(f)  The conical incinerator shall not violate the opacity standards in
Rule .0521 of this Subchapter.

(g)  The distance a conical incinerator is located and operated from the
nearest structure(s) in which people live or work shall be optimized to
prevent air quality impact and shall be subject to approval by the
Commission.

(h)  New conical incinerators shall be in compliance with this Rule on
startup.

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

Eff. October 1, 1991;

Amended Eff. July 1, 2000; July 1, 1998.

15A NCAC 02D .1208	OTHER INCINERATORS

(a)  Applicability.

(1)	This Rule applies to any incinerator not covered under Rules .1203
through .1207, or .1210 through .1212 of this Section.

(2)	If any incinerator subject to this Rule:

(A)	is used solely to cremate pets; or

(B)	if the emissions of all toxic air pollutants from an incinerator
subject to this Rule and associated waste handling and storage are less
than the levels listed in 15A NCAC 02Q .0711; the incinerator is exempt
from Subparagraphs (b)(6) through (b)(9) and Paragraph (c) of this Rule.

(b)  Emission Standards.

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

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

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

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

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

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

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

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

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

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

(9)	Ambient Standards.

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

(i)	arsenic and its compounds				2.3x10-7

(ii)	beryllium and its compounds			4.1x10-6

(iii)	cadmium and its compounds			5.5x10-6

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

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

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

(c)  Operational Standards.

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

(2)	Crematory Incinerators.  Gases generated by the combustion shall be
subjected to a minimum temperature of 1600 degrees F for a period of not
less than one second.

(3)	Other Incinerators.  All incinerators not subject to any other rule
in this Section shall meet the following requirement: Gases generated by
the combustion shall be subjected to a minimum temperature of 1800
degrees F for a period of not less than one second.  The temperature of
1800 degrees F shall be maintained at least 55 minutes out of each
60-minute period, but at no time shall the temperature go below 1600
degrees F.

(4)	Except during start-up where the procedure has been approved
according to Rule .0535(g) of this Subchapter, waste material shall not
be loaded into any incinerator subject to this Rule when the temperature
is below the minimum required temperature.  Start-up procedures may be
determined on a case-by-case basis according to Rule .0535(g) of this
Subchapter.  Any incinerator subject to this Rule shall have automatic
auxiliary burners that are capable of maintaining the required minimum
temperature in the secondary chamber excluding the heat content of the
wastes.

(d)  Test Methods and Procedures.

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

(2)	The Director shall require the owner or operator to test his
incinerator to demonstrate compliance with the emission standards listed
in Paragraph (b) of this Rule if necessary to determine compliance with
the emission standards of Paragraph (b) of this Rule.

(e)  Monitoring, Recordkeeping, and Reporting.

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

(2)	The owner or operator of an incinerator, except an incinerator
meeting the requirements of Parts .1201(c)(4)(A) through (D) of this
Section, shall maintain and operate a continuous temperature monitoring
and recording device for the primary chamber and, where there is a
secondary chamber, for the secondary chamber. The Director shall require
a temperature monitoring device for incinerators meeting the
requirements of Parts .1201(c)(4)(A) through (D) of this Section if the
incinerator is in violation of the requirements of Part .1201(c)(4)(D)
of this Section. The owner or operator of an incinerator that has
installed air pollution abatement equipment to reduce emissions of
hydrogen chloride shall install, operate, and maintain continuous
monitoring equipment to measure pH for wet scrubber systems and rate of
alkaline injection for dry scrubber systems. The Director shall require
the owner or operator of an incinerator with a permitted charge rate of
750 pounds per hour or more to install, operate, and maintain continuous
monitors for oxygen or for carbon monoxide or both as necessary to
determine proper operation of the incinerator. The Director shall
require the owner or operator of an incinerator with a permitted charge
rate of less than 750 pounds per hour to install, operate, and maintain
monitors for oxygen or for carbon monoxide or both if necessary to
determine proper operation of the incinerator.

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

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

Eff. July 1, 1998;

Amended Eff. August 1, 2008; June 1, 2008; July 1, 2007; January 1,
2005; August 1, 2002; July 1, 2000; July 1, 1999.

15A NCAC 02D .1210	COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATION
UNITS

(a)  Applicability. With the exceptions in Paragraph (b) of this Rule,
this Rule applies to the commercial and industrial solid waste
incinerators (CISWI).

(b)  Exemptions. The following types of incineration units are exempted
from this Rule:

(1)	incineration units covered under Rules .1203 through .1206 of this
Section;

(2)	units, burning 90 percent or more by weight on a calendar-quarter
basis, excluding the weight of auxiliary fuel and combustion air, of
agricultural waste, pathological waste, low-level radioactive waste, or
chemotherapeutic waste, if the owner or operator of the unit:

(A)	notifies the Director that the unit qualifies for this exemption;
and

(B)	keeps records on a calendar-quarter basis of the weight of
agricultural waste, pathological waste,  low level radioactive waste, or
chemotherapeutic waste burned, and the weight of all other fuels and
wastes burned in the unit;

(3)	small power production or cogeneration units if;

(A)	the unit qualifies as a small power-production facility under
Section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)) or as a
cogeneration facility under section 3(18)(B) of the Federal Power Act
(16 U.S.C. 796(18)(B));

(B)	the unit burns homogeneous waste (not including refuse-derived fuel)
to produce electricity; and

(C)	the owner or operator of the unit notifies the Director that the
unit qualifies for this exemption;

(4)	units that combust waste for the primary purpose of recovering
metals;

(5)	cyclonic barrel burners;

(6)	rack, part, and drum reclamation units that burn the coatings off
racks used to hold small items for application of a coating;

(7)	cement kilns;

(8)	chemical recovery units burning materials to recover chemical
constituents or to produce chemical compounds as listed in 40 CFR
60.2555(n)(1) through (7);

(9)	laboratory analysis units that burn samples of materials for the
purpose of chemical or physical analysis;

(10)	air curtain burners covered under Rule .1904 of this Subchapter.

(c)  The owner or operator of a chemical recovery unit not listed under
40 CFR 60.2555(n) may petition the Director to be exempted. The petition
shall include all the information specified under 40 CFR 60.2559(a).
The Director shall approve the exemption if he finds that all the
requirements of 40 CFR 60.2555(n) are satisfied and that the unit burns
materials to recover chemical constituents or to produce chemical
compounds where there is an existing market for such recovered chemical
constituents or compounds.

(d)  Definitions. For the purpose of this Rule, the definitions
contained in 40 CFR 60.2875 apply in addition to the definitions in Rule
.1202 of this Section.

(e)  Emission Standards. The emission standards in this Rule apply to
all incinerators subject to this Rule except where Rules .0524, .1110,
or .1111 of this Subchapter applies. When Subparagraphs (12) or (13) of
this Paragraph and Rules .0524, .1110, or .1111 of this Subchapter
regulate the same pollutant, the more restrictive provision for each
pollutant applies, notwithstanding provisions of Rules .0524, .1110, or
.1111 of this Subchapter to the contrary.

(1)	Particulate Matter.  Emissions of particulate matter from a CISWI
unit shall not exceed 70 milligrams per dry standard cubic meter
corrected to seven percent oxygen (dry basis).

(2)	Opacity.  Visible emissions from the stack of a CISWI unit shall
not exceed 10 percent opacity (6-minute block average).

(3)	Sulfur Dioxide.  Emissions of sulfur dioxide from a CISWI unit shall
not exceed 20 parts per million by volume corrected to seven percent
oxygen (dry basis).

(4)	Nitrogen Oxides.  Emissions of nitrogen oxides from a CISWI unit
shall not exceed 368 parts per million by volume corrected to seven
percent oxygen (dry basis).

(5)	Carbon Monoxide.  Emissions of carbon monoxide from a CIWI unit
shall not exceed 157 parts per million by volume, corrected to seven
percent oxygen (dry basis).

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

(7)	Hydrogen Chloride.  Emissions of hydrogen chloride from a CISWI unit
shall not exceed 62 parts per million by volume, corrected to seven
percent oxygen (dry basis).

(8)	Mercury Emissions.  Emissions of mercury from a CISWI unit shall not
exceed 0.47 milligrams per dry standard cubic meter, corrected to seven
percent oxygen.

(9)	Lead Emissions.  Emissions of lead from a CISWI unit shall not
exceed 0.04 milligrams per dry standard cubic meter, corrected to seven
percent oxygen.

(10)	Cadmium Emissions.  Emissions of cadmium from a CISWI unit shall
not exceed 0.004 milligrams per dry standard cubic meter, corrected to
seven percent oxygen.

(11)	Dioxins and Furans.  Emissions of dioxins and furans from a CISWI
unit shall not exceed 0.41 nanograms per dry standard cubic meter (toxic
equivalency basis), corrected to seven percent oxygen. Toxic equivalency
is given in Table 4 of 40 CFR part 60, Subpart DDDD.

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

(13)	Ambient Standards.

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

(i)	arsenic and its compounds						2.3x10-7

(ii)	beryllium and its compounds					4.1x10-6

(iii)	cadmium and its compounds					5.5x10-6

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

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

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

(f)  Operational Standards.

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

(2)	If a wet scrubber is used to comply with emission limitations:

(A)	operating limits for the following operating parameters shall be
established:

(i)	maximum charge rate, which shall be measured continuously, recorded
every hour, and calculated using one of the following procedures:

(I)	for continuous and intermittent units, the maximum charge rate is
110 percent of the average charge rate measured during the most recent
compliance test demonstrating compliance with all applicable emission
limitations; or

(II)	for batch units, the maximum charge rate is 110 percent of the
daily charge rate measured during the most recent compliance test
demonstrating compliance with all applicable emission limitations;

(ii)	minimum pressure drop across the wet scrubber, which shall be
measured continuously, recorded every 15 minutes, and calculated as 90
percent of:

(I)	the average pressure drop across the wet scrubber measured during
the most recent performance test demonstrating compliance with the
particulate matter emission limitations, or

(II)	the average amperage to the wet scrubber measured during the most
recent performance test demonstrating compliance with the particulate
matter emission limitations;

(iii)	 minimum scrubber liquor flow rate, which shall be measured
continuously, recorded every 15 minutes, and calculated as 90 percent of
the average liquor flow rate at the inlet to the wet scrubber measured
during the most recent compliance test demonstrating compliance with all
applicable emission limitations; and

(iv)	 minimum scrubber liquor pH, which shall be measured continuously,
recorded every 15 minutes, and calculated as 90 percent of the average
liquor pH at the inlet to the wet scrubber measured during the most
recent compliance test demonstrating compliance with all applicable
emission limitations.

(B)	A three hour rolling average shall be used to determine if operating
parameters in Subparts (A)(i) through (A)(iv) of this Subparagraph have
been met.

(C)	The owner or operator of the CISWI unit shall meet the operating
limits established during the initial performance test on the date the
initial performance test is required or completed.

(3)	If a fabric filter is used to comply with the emission limitations,
then it shall be operated as specified in 40 CFR 60.2675(c);

(4)	If an air pollution control device other than a wet scrubber is used
or if emissions are limited in some other manner to comply with the
emission standards of Paragraph (e) of this Rule, the owner or operator
shall petition the Director for specific operating limits that shall be
established during the initial performance test and continuously
monitored thereafter. The initial performance test shall not be
conducted until after the Director approves the petition. The petition
shall include:

(A)	identification of the specific parameters to be used as additional
operating limits;

(B)	explanation of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters, and how
limits on these parameters will serve to limit emissions of regulated
pollutants;

(C)	explanation of establishing the upper and lower limits for these
parameters, which will establish the operating limits on these
parameters;

(D)	explanation of the methods and instruments used to measure and
monitor these parameters, as well as the relative accuracy and precision
of these methods and instruments;

(E)	identification of the frequency and methods for recalibrating the
instruments used for monitoring these parameters.

The Director shall approve the petition if he finds that the
requirements of this Subparagraph have been satisfied and that the
proposed operating limits will ensure compliance with the emission
standards in Paragraph (e) of this Rule.

(g)  Test Methods and Procedures.

(1)	For the purposes of this Paragraph, "Administrator" in 40 CFR 60.8
means "Director".

(2)	The test methods and procedures described in Section .2600 of this
Subchapter, in 40 CFR Part 60 Appendix A, 40 CFR Part 61 Appendix B, and
40 CFR 60.2690 shall be used to determine compliance with emission
standards in Paragraph (e) this Rule. Method 29 of 40 CFR Part 60 shall
be used to determine emission standards for metals. However, Method 29
shall be used to sample for chromium (VI), and SW 846 Method 0060 shall
be used for the analysis.

(3)	All performance tests shall consist of a minimum of three test runs
conducted under conditions representative of normal operations.
Compliance with emissions standards under Subparagraph (e)(1), (3)
through (5), and (7) through (11) of this Rule shall be determined by
averaging three one-hour emission tests. These tests shall be conducted
within 12 months following the initial performance test and within every
twelve month following the previous annual performance test after that.

(4)	The owner or operator of CISWI shall conduct an initial performance
test as specified in 40 CFR 60.8 to determine compliance with the
emission standards in Paragraph (e) of this Rule and to establish
operating standards using the procedure in Paragraph (f) of this Rule.

(5)	The owner or operator of the CISWI unit shall conduct an annual
performance test for particulate matter, hydrogen chloride, and opacity
as specified in 40 CFR 60.8 to determine compliance with the emission
standards for the pollutants in Paragraph (e) of this Rule.

(6)	If the owner or operator of CISWI unit has shown, using performance
tests, compliance with particulate matter, hydrogen chloride, and
opacity for three consecutive years, the Director shall allow the owner
or operator of CISWI unit to conduct performance tests for these three
pollutants every third year. However, each test shall be within 36
months of the previous performance test.  If the CISWI unit continues to
meet the emission standards for these three pollutants the Director
shall allow the owner or operator of CISWI unit to continue to conduct
performance tests for these three pollutants every three years.

(7)	If a performance test shows a deviation from the emission standards
for particulate matter, hydrogen chloride, or opacity, the owner or
operator of the CISWI unit shall conduct annual performance tests for
these three pollutants until all performance tests for three consecutive
years show compliance for particulate matter, hydrogen chloride, or
opacity.

(8)	The owner or operator of CISWI unit may conduct a repeat performance
test at any time to establish new values for the operating limits.

(9)	The owner or operator of the CISWI unit shall repeat the performance
test if the feed stream is different than the feed streams used during
any performance test used to demonstrate compliance.

(10)	If the Director has evidence that an incinerator is violating a
standard in Paragraph (e) or (f) of this Rule or that the feed stream or
other operating conditions have changed since the last performance test,
the Director may require the owner or operator to test the incinerator
to demonstrate compliance with the emission standards listed in
Paragraph (e) of this Rule at any time.

(h)  Monitoring.

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

(2)	The owner or operator of an incinerator subject to the requirements
of this Rule shall establish, install, calibrate to manufacturers
specifications, maintain, and operate:

(A)	devices or methods for continuous temperature monitoring and
recording for the primary chamber and, where there is a secondary
chamber, for the secondary chamber;

(B)	devices or methods for monitoring the value of the operating
parameters used to determine compliance with the operating parameters
established under Paragraph (f)(2) of this Rule;

(C)	a bag leak detection system that meets the requirements of 40 CFR
60.2730(b) if a fabric filter is used to comply with the requirements of
the emission standards in Paragraph (e) of this Rule; and

(D)	equipment necessary to monitor compliance with the cite-specific
operating parameters established under Paragraph (f)(4) of this Rule.

(3)	The Director shall require the owner or operator of a CISWI unit
with a permitted charge rate of 750 pounds per hour or more to install,
operate, and maintain continuous monitors for oxygen or for carbon
monoxide or both as necessary to determine proper operation of the CISWI
unit.

(4)	The Director shall require the owner or operator of a CISWI unit
with a permitted charge rate of 750 pounds per hour or less to install,
operate, and maintain continuous monitors for oxygen or for carbon
monoxide or both if necessary to determine proper operation of the CISWI
unit.

(5)	The owner or operator of the CISWI unit shall conduct all monitoring
at all times the CISWI unit is operating, except;

(A)	malfunctions and associated repairs;

(B)	required quality assurance or quality control activities including
calibrations checks and required zero and span adjustments of the
monitoring system.

(6)	The data recorded during monitoring malfunctions, associated
repairs, and required quality assurance or quality control activities
shall not be used in assessing compliance with the operating standards
in Paragraph (f) of this Rule.

(i)  Recordkeeping, and Reporting.

(1)	The owner or operator of CISWI unit shall maintain records required
by this Rule on site in either paper copy or electronic format that can
be printed upon request for a period of five years.

(2)	The owner or operator of CISWI unit shall maintain all records
required under 40 CFR 60.2740.

(3)	The owner or operator of CISWI unit shall submit as specified in
Table 5 of 40 CFR 60, Subpart DDDD the following reports:

(A)	Waste Management Plan;

(B)	initial test report, as specified in 40 CFR 60.2760;

(C)	annual report as specified in 40 CFR 60.2770;

(D)	emission limitation or operating limit deviation report as specified
in 40 CFR 60.2780;

(E)	qualified operator deviation notification as specified in 40 CFR
60.2785(a)(1);

(F)	qualified operator deviation status report, as specified in 40 CFR
60.2785(a)(2);

(G)	qualified operator deviation notification of resuming operation as
specified in 40 CFR 60.2785(b).

(4)	The owner or operator of the CISWI unit shall submit a deviation
report if:

(A)	any recorded three-hour average parameter level is above the maximum
operating limit or below the minimum operating limit established under
Paragraph (f) of this Rule;

(B)	the bag leak detection system alarm sounds for more than five
percent of the operating time for the six-month reporting period; or

(C)	a performance test was conducted that deviated from any emission
standards in Paragraph (e) of this Rule.

The deviation report shall be submitted by August 1 of the year for data
collected during the first half of the calendar year (January 1 to June
30), and by February 1 of the following year for data collected during
the second half of the calendar year (July 1 to December 31).

(5)	The owner or operator of the CISWI unit may request changing
semiannual or annual reporting dates as specified in this Paragraph, and
the Director may approve the request change using the procedures
specified in 40 CFR 60.19(c).

(6)	Reports required under this Rule shall be submitted electronically
or in paper format, postmarked on or before the submittal due dates.

(7)	If the CISWI unit has been shut down by the Director under the
provisions of 40 CFR  60.2665(b)(2), due to failure to provide an
accessible qualified operator, the owner or operator shall notify the
Director that the operations are resumed once a qualified operator is
accessible.

(j)  Excess Emissions and Start-up and Shut-down. All incinerators
subject to this Rule shall comply with 15A NCAC 2D .0535, Excess
Emissions Reporting and Malfunctions, of this Subchapter.

(k)  Operator Training and Certification.

(1)	The owner or operator of the CISIWI unit shall not allow the CISWI
unit to operate at any time unless a fully trained and qualified CISWI
unit operator is accessible, either at the facility or available within
one hour. The trained and qualified CISWI unit operator may operate the
CISWI unit directly or be the direct supervisor of one or more CISWI
unit operators.

(2)	Operator training and qualification shall be obtained by completing
the requirements of 40 CFR 60.2635(c) by the later of:

(A)	six month after CISWI unit startup; or

(B)	six month after an employee assumes responsibility for operating the
CISWI unit or assumes responsibility for supervising the operation of
the CISWI unit.

(3)	Operator qualification is valid from the date on which the training
course is completed and the operator passes the examination required in
40 CFR 60.2635(c)(2).

(4)	Operator qualification shall be maintained by completing an annual
review or refresher course covering:

(A)	update of regulations;

(B)	incinerator operation, including startup and shutdown procedures,
waste charging, and ash handling;

(C)	inspection and maintenance;

(D)	responses to malfunctions or conditions that may lead to
malfunction;

(E)	discussion of operating problems encountered by attendees.

(5)	Lapsed operator qualification shall be renewed by:

(A)	completing a standard annual refresher course as specified in
Subparagraph (4) of this Paragraph for a lapse less than three years,
and

(B)	repeating the initial qualification requirements as specified in
Subparagraph (2) of this Paragraph for a lapse of three years or more.

(6)	The owner or operator of the CISIWI unit shall:

(A)	have documentation specified in 40 CFR 60.2660(a)(1) through (10)
and (c)(1) through (c)(3) available at the facility and accessible for
all CISWI unit operators and are suitable for inspection upon request;

(B)	establish a program for reviewing the documentation specified in
Part (A) of this Subparagraph with each CISWI unit operator:

(i)	the initial review of the documentation specified in Part (A) of
this Subparagraph shall be conducted by the later of the two dates:

(I)	six month after CISWI unit startup; or

(II)	six month after an employee assumes responsibility for operating
the CISWI unit or assumes responsibility for supervising the operation
of the CISWI unit; and

(ii)	subsequent annual reviews of the documentation specified in Part
(A) of this Subparagraph shall be conducted no later than twelve month
following the previous review.

(7)	The owner or operator of the CISIWI unit shall meet one of the two
criteria specified in 40 CFR 60.2665(a) and (b), depending on the length
of time, if all qualified operators are temporarily not at the facility
and not able to be at the facility within one hour.

(l)  Prohibited waste. The owner or operator of a CISIW shall not
incinerate any of the wastes listed in G.S. 130A-309.10(f1).

(m)  Waste Management Plan.

(1)	The owner or operator of the CISWI unit shall submit a waste
management plan to the Director that identifies in writing the
feasibility and the methods used to reduce or separate components of
solid waste from the waste stream in order to reduce or eliminate toxic
emissions from incinerated waste.

(2)	The waste management plan shall include:

(A)	consideration of the reduction or separation of waste-stream
elements such as paper, cardboard, plastics, glass, batteries, or
metals; and the use of recyclable materials;

(B)	a description of how the materials listed in G.S. 130A-309.10(f1)
are to be segregated from the waste stream for recycling or proper
disposal;

(C)	identification of any additional waste management measures; and

(D)	implementation of those measures considered practical and feasible,
based on the effectiveness of waste management measures already in
place, the costs of additional measures and the emissions reductions
expected to be achieved and the environmental or energy impacts that the
measures may have.

(n)  The final control plan shall contain the information specified in
40 CFR 60.2600(a)(1) through (5), and a copy shall be maintained on
site.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(4),(5); 40 CFR 60.215(a)(4);

Eff. August 1, 2002;

Amended Eff. June 1, 2008; January 1, 2005.

15A NCAC 02D .1211	OTHER SOLID WASTE INCINERATION UNITS

(a)  Applicability. With the exceptions in Paragraph (b), this Rule
applies to other solid waste incineration (OSWI) units.

(b)  Exemptions. The following types of incineration units are exempted
from this Rule:

(1)	incineration units covered under Rules .1203 through .1206 and .1210
of this Section;

(2)	units, burning 90 percent or more by weight on a calendar-quarter
basis, excluding the weight of auxiliary fuel and combustion air,
pathological waste, low-level radioactive waste, or chemotherapeutic
waste, if the owner or operator of the unit:

(A)	notifies the Director that the unit qualifies for this exemption;
and

(B)	keeps records on a calendar-quarter basis of the weight,
pathological waste, low-level radioactive waste, or chemotherapeutic
waste burned, and the weight of all other fuels and wastes burned in the
unit;

(3)	Cogeneration units if;

(A)	The unit qualifies as a cogeneration facility under section 3(18)(B)
of the Federal Power Act (16 U.S.C. 796(18)(B));

(B)	The unit burns homogeneous waste (not including refuse-derived fuel)
to produce electricity and steam or other forms of energy used for
industrial, commercial, heating, or cooling purposes; and

(C)	The owner or operator of the unit notifies the Director that the
unit qualifies for this exemption;

(4)	Small power production unit if:

(A)	The unit qualifies as a small power-production facility under
section 3(17)(C) of the Federal Power Act  (16 U.S.C. 796(17)(C));

(B)	The unit burns homogeneous waste (not including refuse-derived fuel)
to produce electricity; and

(C)	The owner or operator of the unit notifies the Director that the
unit qualifies for this exemption.

(5)	units that combust waste for the primary purpose of recovering
metals;

(6)	rack, part, and drum reclamation units that burn the coatings off
racks used to hold items for application of a coating;

(7)	cement kilns;

(8)	laboratory analysis units that burn samples of materials for the
purpose of chemical or physical analysis;

(9)	air curtain burners covered under Rule .1904 of this Subchapter;

(10)	institutional boilers and process heaters regulated under 40 CFR
Part 63, Subpart DDDDD (National Emission Standards for Hazardous Air
Pollutants for Industrial, Commercial, and Institutional Boilers and
Process Heaters);

(11)	rural institutional waste incinerators that meet the conditions in
40 CFR 60.2993(h);

(12)	incinerators that combust contraband or prohibited goods if owned
or operated by a government agency, such as police, customs,
agricultural inspection, or a similar agency, to destroy only illegal or
prohibited goods, such as illegal drugs, or agricultural food products
that cannot be transported into the country or across state lines to
prevent biocontamination.  The exclusion does not apply to items either
confiscated or incinerated by private, industrial, or commercial
entities; or

(13)	Incinerators used for national security and is used solely:

(A)	to destroy national security materials integral to the field
exercises during military training field exercises; or

(B)	to incinerate national security materials when necessary to
safeguard national security if the owner or operator follows to
procedures in 40 CFR 60.2993(q)(2) to receive this exemption.

(c)  Definitions.  For the purpose of this Rule, the definitions
contained in 40 CFR 60.3078 shall apply in addition to the definitions
in Rule .1202 of this Section.

(d)  Emission Standards.  The emission standards in this Rule apply to
all incinerators subject to this Rule except where Rule .0524, .1110, or
.1111 of this Subchapter applies. When Subparagraphs (12) or (13) of
this Paragraph and Rules .0524, .1110, or .1111 of this Subchapter
regulate the same pollutant, the more restrictive provision for each
pollutant shall apply, notwithstanding provisions of Rules .0524, .1110,
or .1111 of this Subchapter to the contrary.

(1)	Particulate Matter. Emissions of particulate matter from an OSWI
unit shall not exceed 0.013 grains per dry standard cubic foot corrected
to seven percent oxygen, dry basis (3-run average with 1 hour minimum
sample time per run).

(2)	Opacity. Visible emissions from the stack of an OSWI unit shall not
exceed 10 percent opacity (6-minute block average with 1 hour minimum
sample time per run).

(3)	Sulfur Dioxide. Emissions of sulfur dioxide from an OSWI unit
subject to the requirements of this Rule shall not exceed 3.1 parts per
million by volume corrected to seven percent oxygen, dry basis (3-run
average with 1 hour minimum sample time per run).

(4)	Nitrogen Oxides. Emissions of nitrogen oxides from an OSWI unit
shall not exceed 103 parts per million by dry volume corrected to seven
percent oxygen, dry basis (3-run average with 1 hour minimum sample time
per run).

(5)	Carbon Monoxide.  Emissions of carbon monoxide from an OSWI unit
shall not exceed 40 parts per million by dry volume, corrected to seven
percent oxygen, dry basis (3-run average with 1 hour minimum sample time
per run) and 12-hour rolling averages measured using continuous
emissions monitoring system (CEMS).

(6)	Odorous Emissions. An OSWI unit shall comply with Rule .1806 of this
Subchapter for the control of odorous emissions.

(7)	Hydrogen Chloride. Emissions of hydrogen chloride from an OSWI unit
shall not exceed 15 parts per million by dry volume, corrected to seven
percent oxygen, dry basis (3-run average with 1 hour minimum sample time
per run).

(8)	Mercury Emissions. Emissions of mercury from an OSWI unit shall not
exceed 74 micrograms per dry standard cubic meter, corrected to seven
percent oxygen, dry basis (3-run average with 1 hour minimum sample time
per run).

(9)	Lead Emissions. Emissions of lead from an OSWI unit shall not exceed
226 micrograms per dry standard cubic meter, corrected to seven percent
oxygen, dry basis (3-run average with 1 hour minimum sample time per
run).

(10)	Cadmium Emissions. Emissions of cadmium from an OSWI unit shall not
exceed 18 micrograms per dry standard cubic meter, corrected to seven
percent oxygen, dry basis (3-run average with 1 hour minimum sample time
per run).

(11)	Dioxins and Furans. Emissions of dioxins and furans from an OSWI
unit shall not exceed 33 nanograms per dry standard cubic meter,
corrected to seven percent oxygen, dry basis (3-run average with 1 hour
minimum sample time per run).

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

(13)	Ambient Standards.

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

POLLUTANT	STANDARD

arsenic and its compounds	2.3x10-7

beryllium and its compounds	4.1x10-6

cadmium and its compounds	5.5x10-6

chromium (VI) and its compounds	8.3x10-8

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

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

(e)  Operational Standards.

(1)	The operational standards in this Rule do not apply to an OSWI unit
when applicable operational standards in Rule .0524, .1110, or .1111 of
this Subchapter apply.

(2)	The owner or operator of the OSWI shall meet the emission standards
in Paragraph (d) of this Rule by July 1, 2010.

(3)	If a wet scrubber is used to comply with emission limitations, then
the owner or operator of the OSWI unit:

(A)	shall establish operating limits for the four operating parameters
as specified in the Table 3 of 40 CFR 60, Subpart FFFF and as described
in Paragraphs 40 CFR 60.3023(a) during the initial performance test,
and;

(B)	shall meet the operating limits established during the initial
performance test beginning on July 1, 2010.

(4)	If an air pollution control device other than a wet scrubber is used
or if emissions are limited in some other manner to comply with the
emission standards of Paragraph (d) of this Rule, the owner or operator
of the OSWI unit subject to the requirements of this Rule shall petition
the US Environmental Protection Agency (EPA) for specific operating
limits that shall be established during the initial performance test and
continuously monitored thereafter. The initial performance test shall
not be conducted until after the EPA approves the petition. The petition
shall include the five items listed in the Paragraph 40 CFR 60.3024(a)
through (e).

(f)  Periods of Startup, Shutdown, and Malfunction.  The emission and
operating standards apply at all times except during OSWI unit startups,
shutdowns, or malfunctions.

(g)  Test Methods and Procedures.

(1)	The test methods and procedures described in Rule .0501 of this
Subchapter, 40 CFR Part 60, Appendix A, 40 CFR Part 61, Appendix B, and
40 CFR 60.3027 shall be used to determine compliance with the emission
standards in Paragraph (d) this Rule.

(2)	The owner or operator of OSWI unit shall conduct:

(A)	an initial performance test as required under 40 CFR 60.8 and
according to  40 CFR 60.3027, no later than July 1, 2010; and after
that;

(B)	annual performance tests according to  40 CFR 60.3027 and 40 CFR
60.3033, within 12 months following the initial performance test and
within each 12 months thereafter.

(3)	The owner or operator of OSWI unit shall use the results of these
tests:

(A)	to demonstrate compliance with the emission standards in Paragraph
(d) of this Rule, and;

(B)	to establish operating standards using the procedures in
Subparagraphs (e)(3) and (e)(4) of this Rule.

(4)	The owner or operator of OSWI unit may conduct annual performance
testing less often if the requirements of 40 CFR 60.3035 are met.

(5)	The owner or operator of OSWI unit may conduct a repeat performance
test at any time to establish new values for the operating limits. The
Director may request a repeat performance test at any time if he finds
that the current operating limits are no longer appropriate.

(h)  Monitoring.

(1)	The owner or operator of OSWI unit shall comply with the monitoring,
recordkeeping, and reporting requirements in Section .0600 of this
Subchapter and in 40 CFR 60.13, Monitoring Requirements.

(2)	The owner or operator of OSWI unit shall:

(A)	install, calibrate to manufacturers specifications, maintain, and
operate continuous emission monitoring systems for carbon monoxide and
for oxygen.  The oxygen concentration shall be monitored at each
location where the carbon monoxide concentrations are monitored;

(B)	operate the continuous monitoring system according to 40 CFR
60.3039;

(C)	conduct daily, quarterly, and annual evaluations of the continuous
emission monitoring systems according to 40 CFR 60.3040;

(D)	collect the minimum amount of monitoring data using the procedures
in 40 CFR 60.3041(a) through (e) if the continuous emission monitoring
system is operating or the procedures in 40 CFR 60.3041(f) if the
continuous emissions monitoring system is temporarily unavailable; and

(E)	convert the one-hour arithmetic averages into the appropriate
averaging times and units as specified in 40 CFR 60.3042 to monitor
compliance with the emission standards in Paragraph (d) of this Rule.

(3)	The owner or operator of OSWI unit shall:

(A)	install, calibrate to manufacturers specifications, maintain, and
operate devices or establish methods for monitoring or measuring the
operating parameters as specified in  40 CFR 60.3043; and

(B)	obtain operating parameter monitoring data as specified in 40 CFR
60.3044 to monitor compliance with the operational standards in
Paragraph (e) of this Rule.

(i)  Recordkeeping and Reporting. The owner or operators of an OSWI
unit:

(1)	shall maintain all records required specified in 40 CFR 60.3046;

(2)	shall keep and submit records according to 40 CFR 60.3047;

(3)	shall submit, as specified in 40 CFR 60.3048, the following reports:

(A)	an initial test report and operating limits, as specified in 40 CFR
60.3049(a) and (b);

(B)	a waste management plan as specified in 40 CFR 60.3049(c); and

(C)	an annual report as specified in 40 CFR 60.3050 and 40 CFR 60.3051;

(D)	a deviation report as specified in 40 CFR 60.3053 if a deviation
from the operating limits or the emission limitations occurs according
to 40 CFR 60.3052(a); the deviation report shall be submitted following
40 CFR 60.3052(b);

(E)	a deviation report according to 40 CFR 60.3054(a) if a deviation
from the requirement to have a qualified operator accessible occurs;

(4)	shall keep records and submit reports and notifications as required
by 40 CFR 60.7;

(5)	may request changing semiannual or annual reporting dates as
specified in this Paragraph; the Director may approve the request change
using the procedures in 40 CFR 60.19(f).

(6)	shall submit reports in electronic or paper format postmarked on or
before the submittal due dates.

(j)  Excess Emissions and Start-up and Shut-down.  All OSWI units shall
comply with Rule .0535, Excess Emissions Reporting and Malfunctions, of
this Subchapter.

(k)  Operator Training and Certification.

(1)	No OSWI unit shall be operated unless a fully trained and qualified
OSWI unit operator is accessible, either at the facility or available
within one hour.  The trained and qualified OSWI unit operator may
operate the OSWI unit directly or be the direct supervisor of one or
more other plant personnel who operate OSWI unit.

(2)	Operator training and qualification shall be obtained by completing
the requirements of 40 CFR 60.3014(c) by the latest of:

(A)	January 1, 2010,

(B)	six month after OSWI unit startup, or

(C)	six month after an employee assumes responsibility for operating the
OSWI unit or assumes responsibility for supervising the operation of the
OSWI unit.

(3)	Operator qualification shall be valid from the date on which the
training course is completed and the operator successfully passes the
examination required in 40 CFR 60.3014 (c)(2).

(4)	Operator qualification shall be maintained by completing an annual
review or refresher course covering:

(A)	update of regulations;

(B)	incinerator operation, including startup and shutdown procedures,
waste charging, and ash handling;

(C)	inspection and maintenance;

(D)	responses to malfunctions or conditions that may lead to
malfunction; and

(E)	discussion of operating problems encountered by attendees.

(5)	Lapsed operator qualification shall be renewed by:

(A)	Completing a standard annual refresher course as specified in
Subparagraph (4) of this Paragraph for a lapse less than three years,
and

(B)	Repeating the initial qualification requirements as specified in
Subparagraph (3) of this Paragraph for a lapse of three years or more.

(6)	The owner or operator of the OSWI unit subject to the requirements
of this Rule shall:

(A)	have documentation specified in 40 CFR 60.3019(a) and (c) available
at the facility and readily accessible for all OSWI unit operators and
are suitable for inspection upon request;

(B)	establish a program for reviewing the documentation specified in
Part (A) of this Subparagraph with each OSWI unit operator in a manner
that the initial review of the information listed in Part (A) of this
Subparagraph shall be conducted by the later of the three dates: January
1, 2010, six month after OSWI unit startup, or six month after an
employee assumes responsibility for operating the OSWI unit or assumes
responsibility for supervising the operation of the OSWI unit; and
subsequent annual reviews of the information listed in Part (A) of this
Subparagraph shall be conducted no later than twelve month following the
previous review.

(7)	The owner or operator of the OSWI unit shall follow the procedures
in 40 CFR 60.3020 if all qualified OSWI unit operators are temporarily
not at the facility and not able to be at the facility within one hour.

(l)  Waste Management Plan.

(1)	The owner or operator of the OSWI unit shall submit a waste
management plan that identifies in writing the feasibility and the
methods used to reduce or separate components of solid waste from the
waste stream in order to reduce or eliminate toxic emissions from
incinerated waste. A waste management plan shall be submitted to the
Director before September 1, 2010.

(2)	The waste management plan shall include:

(A)	consideration of the reduction or separation of waste-stream
elements such as paper, cardboard, plastics, glass, batteries, or
metals; and the use of recyclable materials;

(B)	identification of any additional waste management measures;

(C)	implementation of those measures considered practical and feasible,
based on the effectiveness of waste management measures already in
place;

(D)	the costs of additional measures and the emissions reductions
expected to be achieved; and

(E)	any other environmental or energy impacts.

(m)  Compliance Schedule.

(1)	This Paragraph applies only to OSWI that commenced construction on
or before December 9, 2004.

(2)	The owner or operator of an OSWI unit shall submit a permit
application, including a compliance schedule, to the Director before
January 1, 2008.

(3)	All OSWI shall be in compliance with this Rule no later than January
1, 2010.

(4)	The owner or operator of an CISWI unit shall notify the Director
within 10 business days after the OSWI unit is to be in final compliance
whether the final compliance has been achieved. The final compliance is
achieved by completing all process changes and retrofitting construction
of control devices, as specified in the permit application and required
by its permit, so that, if the affected OSWI unit is brought on line,
all necessary process changes and air pollution control devices would
operate as designed and permitted. If the final compliance has not been
achieved the owner or operator of the OSWI unit, shall submit a
notification informing the Director that the final compliance has not
been met and submit reports each subsequent calendar month until the
final compliance is achieved.

(5)	The owner or operator of an OSWI unit who closes the OSWI unit and
restarts it before January 1, 2010 shall submit a permit application,
including a compliance schedule, to the Director. Final compliance shall
be achieved by January 1, 2010.

(6)	The owner or operator of an OSWI unit who closes the OSWI unit and
restarts it after January 1, 2010, shall submit a permit application to
the Director and shall complete the emission control retrofit and meet
the emission limitations of this Rule by the date that the OSWI unit
restarts operation. The initial performance test shall be conducted
within 30 days of restarting the OSWI unit.

(7)	The permit applications for OSWI units shall be processed under 15A
NCAC 02Q .0500, Title V Procedures.

(8)	The owner or operator of an OSWI unit who plans to close it rather
than comply with the requirements of this Rule shall submit a closure
notification including the date of closure to the Director by January 1,
2008, and shall cease operation by January 1, 2010.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(4), (5), (10); 40 CFR 60.3014 through 60.3020;

Eff. August 1, 2007.

SECTION .1300 - OXYGENATED GASOLINE STANDARD

15A NCAC 02D .1301	PURPOSE

This Section sets forth oxygenated gasoline standards in areas where an
oxygenated gasoline program is implemented pursuant to State law for all
gasoline sold wholesale for use or for all gasoline sold retail, offered
for use, dispensed, or otherwise provided for use in any spark-ignition
engine other than aircraft in the areas defined in Rule .1302 of this
Section during the time periods defined in Rule .1302(c) of this
Section.

History Note:	Filed as a Temporary Amendment Eff. October 23, 1995 for a
period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(7);

Eff. September 1, 1992;

Amended Eff. September 1, 1996; November 1, 1994.

15A NCAC 02D .1302	APPLICABILITY

(a)  This Section shall apply to gasoline identified in Rule .1301 of
this Section during the time period described in Paragraph (c) of this
Rule in any of the following areas, and in that area only, when the
Director notices in accordance with Paragraph (b) of this Rule in the
North Carolina Register that oxygenated gasoline is needed in that area
to attain and maintain the ambient air quality standard for carbon
monoxide:

(1)	the Greensboro/Winston-Salem/High Point Metropolitan Statistical
Area consisting of Davie, Davidson, Forsyth, Guilford, Randolph, Stokes,
and Yadkin Counties;

(2)	the Charlotte/Gastonia/Rock Hill Metropolitan Statistical Area
consisting of Cabarrus, Gaston, Mecklenburg, and Union Counties; and

(3)	the Raleigh/Durham Metropolitan Statistical Area consisting of
Durham, Franklin, Orange, and Wake Counties.

(b)  If a violation of the ambient air quality standard for carbon
monoxide is measured in accordance with 40 CFR 50.8 in one of the areas
named in Paragraph (a) of this Rule, the Director shall initiate
analyses to determine if additional measures are needed to attain and
maintain the ambient air quality standards in that area.  If the
Director finds that 2.7 percent oxygen by weight oxygenated gasoline is
needed, the Director shall notice in the North Carolina Register by the
following September 1 that only oxygenated gasoline shall be sold in
that area beginning on the following November 1.  The notice shall
identify the area in which oxygenated gasoline shall be sold.  Also by
the following July 1, the Director shall notify the Gasoline and Oil
Inspection Board and the primary gasoline distributors that only
oxygenated gasoline shall be sold in the area beginning on the following
November 1.

(c)  This Section applies to gasoline identified in Rule .1301 of this
Section and in the counties identified in Paragraph (a) of this Rule for
the four-month period beginning November 1 and running through the last
day of February of the following year.

(d)  Gasoline in storage within the counties identified in Paragraph (a)
of this Rule prior to November 1 of the year in which this Section goes
into effect at a dispensing facility having total gasoline tank capacity
of less than 550 gallons or a total weekly dispensing rate of less than
550 gallons is exempted from Rule .1304 of this Section, but any
gasoline supplied to the facility during the period identified in
Paragraph (c) of this Rule shall comply with Rule .1304 of this Section.

History Note:	Filed as a Temporary Amendment Eff. October 23, 1995 for a
period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(7);

Eff. September 1, 1992;

Amended Eff. September 1, 1996; November 1, 1994.

15A NCAC 02D .1303	DEFINITIONS

For the purpose of this Section, "oxygenated gasoline" means any
gasoline which contains a substance or substances to raise the oxygen
content of the gasoline to conform with Rule .1304 of this Section.

History Note:	Authority G.S. 143-213; 143-215.3(a)(1);
143-215.108(c)(7);

Eff. September 1, 1992.

15A NCAC 02D .1304	OXYGEN CONTENT STANDARD

Gasoline to which this Section applies in accordance with Rule .1302(a)
of this Section shall have an oxygen content of not less than 2.7
percent by weight during the period defined in Rule .1302(c) of this
Section.

History Note:	Filed as a Temporary Amendment Eff. October 23, 1995 for a
period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(7);

Eff. September 1, 1992;

Amended Eff. September 1, 1996; November 1, 1994.

15A NCAC 02D .1305	MEASUREMENT AND ENFORCEMENT

(a)  Gasoline samples shall be taken and handled by methods approved by
the Gasoline and Oil Inspection Board.

(b)  Gasoline samples shall be analyzed by the American Society for
Testing and Materials (ASTM) standard test method, designation D 4815-89
or by other methods approved by the Gasoline and Oil Inspection Board
and the United States Environmental Protection Agency.

(c)  Enforcement shall be in accordance with procedures adopted by the
Gasoline and Oil Inspection Board in 2 NCAC 42 .0100.

History Note:	Authority G.S. 119-26; 143-215.3(a)(1);
143-215.107(a)(3),(7); 150B-21.6;

Eff. September 1, 1992;

Amended Eff. July 1, 1998.

SECTION .1400 – NITROGEN OXIDES

15A NCAC 02D .1401	DEFINITIONS

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

(1)	"Acid rain program" means the federal program for the reduction of
acid rain including 40 CFR Parts 72, 75, 76, and 77.

(2)	"Actual emissions" means for Rules .1416 through .1422 of this
Section, emissions of nitrogen oxides as measured and calculated
according to 40 CFR Part 75, Subpart H.

(3)	"Actual heat input" means for Rules .1416 through .1422 of this
Section, heat input as measured and calculated according to 40 CFR Part
75, Subpart H.

(4)	"Averaging set of sources" means all the stationary sources included
in an emissions averaging plan according to Rule .1410 of this Section.

(5)	"Averaging source" means a stationary source that is included in an
emissions averaging plan in accordance to Rule .1410 of this Section.

(6)	"Boiler" means an enclosed fossil or other fuel-fired combustion
device used to produce heat and to transfer heat to recirculating water,
steam, or other medium.

(7)	"Combined cycle system" means a system consisting of one or more
combustion turbines, heat recovery steam generators, and steam turbines
configured to improve overall efficiency of electricity generation or
steam production.

(8)	"Combustion turbine" means an enclosed fossil or other fuel-fired
device that is comprised of a compressor, a combustor, and a turbine,
and in which the flue gas resulting from the combustion of fuel in the
combustor passes through the turbine, rotating the turbine.

(9)	"Diesel engine" means a compression ignited two- or four-stroke
engine in which liquid fuel injected into the combustion chamber ignites
when the air charge has been compressed to a temperature sufficiently
high for auto-ignition.

(10)	"Dual fuel engine" means a compression ignited stationary internal
combustion engine that is burning liquid fuel and gaseous fuel
simultaneously.

(11)	"Emergency generator" means a stationary internal combustion engine
used to generate electricity only during:

(A)	the loss of primary power at the facility that is beyond the control
of the owner or operator of the facility; or

(B)	maintenance when maintenance is being performed on the power supply
to equipment that is essential in protecting the environment or to such
equipment itself.

An emergency generator may be operated periodically to ensure that it
will operate.

(12)	"Emergency use internal combustion engines" means stationary
internal combustion engines used to drive pumps, aerators, and other
equipment only during:

(A)	the loss of primary power at the facility that is beyond the control
of the owner or operator of the facility; or

(B)	maintenance when  maintenance is being performed on the power supply
to equipment that is essential in protecting the environment or to such
equipment itself.

An emergency use internal combustion engine may be operated periodically
to ensure that it will operate.

(13)	"Excess emissions" means an emission rate that exceeds the
applicable limitation or standard; for the purposes of this definition,
nitrogen oxides emitted by a source covered under Rules .1416, .1417, or
.1418 of this Section during the ozone season above its allocation, as
may be adjusted under Rule .1419 of this Section, are not considered
excess emissions.

(14)	"Fossil fuel fired" means:

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

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

(C)	For sources that began operation on or after January 1, 1997:

(i)	Where fossil fuel actually combusted either alone or in combination
with any other fuel, comprises more than 50 percent of the annual heat
input on a Btu basis during any year; or

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

(15)	"Indirect-fired process heater" means an enclosed device using
controlled flame where the device's primary purpose is to transfer heat
by indirect heat exchange to a process fluid, a process material that is
not a fluid, or a heat transfer material, instead of steam, for use in a
process.

(16)	"Lean-burn internal combustion engine" means a spark ignition
internal combustion engine originally designed and manufactured to
operate with an exhaust oxygen concentration greater than one percent.

(17)	"NOx" means nitrogen oxides.

(18)	"Ozone season" means the period beginning May 31 and ending
September 30 for 2004 and beginning May 1 and ending September 30 for
all other years.

(19)	"Potential emissions" means the quantity of NOx that would be
emitted at the maximum capacity of a stationary source to emit NOx under
its physical and operational design.  Any physical or operational
limitation on the capacity of the source to emit NOx shall be treated as
a part of its design if the limitation is federally enforceable.  Such
physical or operational limitations include air pollution control
equipment and restrictions on hours of operation or on the type or
amount of material combusted, stored, or processed.

(20)	"Projected seasonal energy input" means the maximum design heat
input per hour times 3300 hours.

(21)	"Projected seasonal energy output" means the maximum design energy
output per hour times 3300 hours.

(22)	"Reasonable assurance" means a demonstration to the Director that a
method, procedure, or technique is possible and practical for a source
or facility under the expected operating conditions.

(23)	"Reasonably Available Control Technology" or "RACT" means the
lowest emission limitation for NOx that a particular source can meet by
the application of control technology that is reasonably available
considering technological and economic feasibility.

(24)	"Reasonable effort" means the proper installation of technology
designed to meet the requirements of Rules .1407, .1408, or .1409 of
this Section and the utilization this technology, according to the
manufacturer's recommendations or other similar guidance for not less
than six months, in an effort to meet the applicable limitation for a
source.

(25)	"Rich-burn internal combustion engine" means a spark ignition
internal combustion engine originally designed and manufactured to
operate with an exhaust oxygen concentration less than or equal to one
percent.

(26)	"Seasonal energy input" means the total energy input of a
combustion source during the period beginning May 1 and ending September
30.

(27)	"Seasonal energy output" means the total energy output of a
combustion source during the period beginning May 1 and ending September
30.

(28)	"Shutdown" means the cessation of operation of a source or its
emission control equipment.

(29)	"Source" means a stationary boiler, combustion turbine, combined
cycle system, reciprocating internal combustion engine, indirect-fired
process heater, or a stationary article, machine, process equipment, or
other contrivance, or combination thereof, from which nitrogen oxides
emanate or are emitted.

(30)	"Startup" means the commencement of operation of any source that
has shutdown or ceased operation for a period sufficient to cause
temperature, pressure, process, chemical, or pollution control device
imbalance that would result in excess emissions.

(31)	"Stationary internal combustion engine" means a reciprocating
internal combustion engine that is not self propelled; however, it may
be mounted on a vehicle for portability.

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

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (7),
(10);

Eff. April 1, 1995;

Temporary Amendment Eff. August 1, 2001; November 1, 2000;

Amended Eff. July 18, 2002.

15A NCAC 02D .1402	APPLICABILITY

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

(b)  The requirements of this Section shall apply to all sources May 1
through September 30 of each year.

(c)  Rule .1409(b) of this Section apply applies statewide.

(d)  The Rules .1407 through .1409 and .1413 of this Section apply to
facilities with the potential to emit 100 ton or more nitrogen oxides
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

(e)  If a violation of the ambient air quality standard for ozone is
measured according to 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 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 according to Rule .1403 of this
Section.

(f)  If a violation of the ambient air quality standard for ozone is
measured according to 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 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 according to Rule
.1403 of this Section.

(g)  If EPA notifies the State that its nonattainment plan for ozone has
failed to attain the ambient air quality standard for ozone in the
Charlotte-Gastonia-Rock Hill ozone nonattainment area, 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 nitrogen oxides per year. Within 60 days of
receipt of the notification from EPA, the Director shall notice the
applicability of these rules to these sources 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 .1403 of this Section.

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

(1)	source not required to obtain an air permit under 15A NCAC 02Q .0102
or is an insignificant activity as defined at 15A NCAC 02Q .0103(19);

(2)	incinerator or thermal or catalytic oxidizer used primarily for the
control of air pollution;

(3)	emergency generator;

(4)	emergency use internal combustion engine;

(5)	source that is not covered under Rule .1418 of this Section and that
is at a facility with a federally enforceable potential to emit nitrogen
oxides of:

(A)	less than 100 tons per year; and

(B)	less than 560 pounds per calendar day beginning May 1 through
September 30 of any year.

(6)	stationary internal combustion engine less than 2400 brake
horsepower that operates no more than the following hours between May 1
and September 30:

(A)	for diesel engines:

t = 833,333 / ES

(B)	for natural gas-fired engines:

t= 700,280 / ES

where t equals time in hours and ES equals engine size in horsepower.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (7),
(10);

Eff. April 1, 1995;

Amended Eff. April 1, 1997; July 1, 1995; April 1, 1995;

Temporary Amendment Eff. November 1, 2000;

Amended Eff. April 1, 2001;

Temporary Amendment Eff. August 1, 2001;

Amended Eff. June 1, 2008; July 1, 2007; March 1, 2007; July 18, 2002.

15A NCAC 02D .1403	COMPLIANCE SCHEDULES

(a)  Applicability.  This Rule applies to sources covered by Paragraph
(d), (e), (f), or (g) of Rule .1402 of this Section.

(b)  Maintenance area and Charlotte ozone nonattainment area contingency
plan. The owner or operator of a source subject to this Rule because of
the applicability of Paragraph (e), (f), or (g) of Rule .1402 of this
Section, shall adhere to the following increments of progress and
schedules:

(1)	If compliance with this Section is to be achieved through a
demonstration to certify compliance without source modification:

(A)	The owner or operator shall notify the Director in writing within
six months after the Director's notice in the North Carolina Register
that the source is in compliance with the applicable limitation or
standard;

(B)	The owner or operator shall perform any required testing, according
to Rule .1415 of this Section, within 12 months after the Director's
notice in the North Carolina Register to demonstrate compliance with the
applicable limitation; and

(C)	The owner or operator shall implement any required recordkeeping and
reporting requirements, according to Rule .1404 of this Section, within
12 months after the Director's notice in the North Carolina Register to
demonstrate compliance with the applicable limitation.

(2)	If compliance with this Section is to be achieved through the
installation of combustion modification technology or other source
modification:

(A)	The owner or operator shall submit a permit application and a
compliance schedule within six months after the Director's notice in the
North Carolina Register.

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

(i)	a date by which contracts for installation of the modification shall
be awarded or orders shall be issued for purchase of component parts;

(ii)	a date by which installation of the modification shall begin;

(iii)	a date by which installation of the modification shall be
completed; and

(iv)	if the source is subject to a limitation, a date by which
compliance testing shall be completed.

(C)	Final compliance shall be achieved within three years after the
Director's notice in the North Carolina Register unless the owner or
operator of the source petitions the Director for an alternative
limitation according to Rule .1412 of this Section.  If such a petition
is made, final compliance shall be achieved within four years after the
Director's notice in the North Carolina Register.

(3)	If compliance with this Section is to be achieved through the
implementation of an emissions averaging plan as provided for in Rule
.1410 of this Section:

(A)	The owner or operator shall abide by the applicable requirements of
Subparagraphs (b)(1) or (b)(2) of this Rule for certification or
modification of each source to be included under the averaging plan;

(B)	The owner or operator shall submit a plan to implement an emissions
averaging plan according to Rule .1410 of this Section within six months
after the Director's notice in the North Carolina Register.

(C)	Final compliance shall be achieved within one year after the
Director's notice in the North Carolina Register unless implementation
of the emissions averaging plan requires the modification of one or more
of the averaging sources.  If modification of one or more of the
averaging sources is required, final compliance shall be achieved within
three years.

(4)	If compliance with this Section is to be achieved through the
implementation of a seasonal fuel switching program as provided for in
Rule .1411 of this Section:

(A)	The owner or operator shall make all necessary modifications
according to Subparagraph (b)(2) of this Rule.

(B)	The owner or operator shall include a plan for complying with the
requirements of Rule .1411 of this Section with the permit application
required under Part (A) of this Subparagraph.

(C)	Final compliance shall be achieved within three years after the
Director's notice in the North Carolina Register.

(5)	Increments of progress certification.  The owner or operator shall
certify to the Director, within five days after each increment deadline
of progress in this Paragraph, whether the required increment of
progress has been met.

(c)  Nonattainment areas.  The owner or operator of a source subject to
this Rule because of the applicability of Paragraph (d) of Rule .1402 of
this Section, shall adhere to the following:

(1)	If compliance with this Section is to be achieved through a
demonstration to certify compliance without source modification:

(A)	The owner or operator shall notify the Director in writing by August
1, 2007;

(B)	The owner or operator shall perform any required testing, according
to Rule .1415 of this Section, by January 1, 2008 and

(C)	The owner or operator shall implement any required recordkeeping and
reporting requirements, according to Rule .1404 of this Section, by
January 1, 2008.

(2)	If compliance with this Section is to be achieved through the
installation of combustion modification technology or other source
modification:

(A)	The owner or operator shall submit a permit application and a
compliance schedule by August 1, 2007.

(B)	The compliance schedule shall contain a date by which contracts for
installation of the modification shall be awarded or orders shall be
issued for purchase of component parts.

(C)	The compliance schedule shall contain a date by which installation
of the modification shall begin.

(D)	The compliance schedule shall contain a date by which installation
of the modification shall be completed.

(E)	If the source is subject to a limitation, the compliance schedule
shall contain, a date by which compliance testing shall be completed.

(F)	Final compliance shall be achieved no later than April 1, 2009.

(3)	If compliance with this Section is to be achieved through the
implementation of an emissions averaging plan as provided for in Rule
.1410 of this Section:

(A)	The owner or operator shall abide by the applicable requirements of
Subparagraph (c)(1) or (c)(2) of this Rule for certification or
modification of each source to be included under the averaging plan;

(B)	The owner or operator shall submit a plan to implement an emissions
averaging plan according to Rule .1410 of this Section by August 1,
2007.

(C)	Final compliance shall be achieved within one year no later than
January 1, 2008.

(4)	If compliance with this Section is to be achieved through the
implementation of a seasonal fuel switching program as provided for in
Rule .1411 of this Section:

(A)	The owner or operator shall make all necessary modifications
according to Subparagraph (c)(2) of this Rule.

(B)	The owner or operator shall include a plan for complying with the
requirements of Rule .1411 of this Section with the permit application
required under Part (A) of this Subparagraph.

(C)	Final compliance shall be achieved no later than April 1, 2009.

(5)	Increments of progress certification.  The owner or operator shall
certify to the Director, within five days after the deadline for each
increment of progress in this Paragraph, whether the required increment
of progress has been met.

(d)  Sources already in compliance.

(1)	Maintenance area and Charlotte ozone nonattainment area contingency
plan. Paragraph (b) of this Rule shall not apply to sources that are in
compliance with applicable rules of this Section when the Director
notices the implementation of rules in the North Carolina Register that
resolves a violation of the ambient air quality standard for ozone and
that have determined and certified compliance to the satisfaction of the
Director 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.

(2)	Nonattainment areas. Paragraph (c) of this Rule shall not apply to
sources in an area named in Paragraph (d) of Rule .1402 of this Section
that are in compliance with applicable rules of this Section on March 1,
2007.

(e)  New sources.

(1)	Maintenance area and Charlotte ozone nonattainment area contingency
plan.  The owner or operator of any new source of nitrogen oxides not
permitted before the date the Director notices in the North Carolina
Register according to Paragraph (e), (f), or (g) of Rule .1402 of this
Section, shall comply with all applicable rules in this Section upon
start-up of the source. The owner or operator of any new source covered
under Rules .1407, .1408, .1409, .1413, or .1418 of this Section shall
comply with all applicable rules in this Section upon start-up of the
source.

(2)	Nonattainment areas.  The owner or operator of any new source of
nitrogen oxides not permitted before March(1, 2007 in an area identified
in Paragraph (d) of Rule .1402 of this Section, shall comply with all
applicable rules in this Section upon start-up of the source.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995;

Amended Eff. April 1, 1997;

Temporary Amendment Eff. November 1, 2000;

Amended Eff. April 1, 2001;

Temporary Amendment Eff. August 1, 2001;

Amended Eff. July 1, 2007; March 1, 2007; July 18, 2002.

15A NCAC 02D .1404	RECORDKEEPING:  REPORTING:  MONITORING:

(a)  General requirements. The owner or operator of any source shall
comply with the monitoring, recordkeeping and reporting requirements in
Section .0600 of this Subchapter and shall maintain all records
necessary for determining compliance with all applicable limitations and
standards of this Section for five years.

(b)  Submittal of information to show compliance status. The owner or
operator of any source shall maintain and, when requested by the
Director, submit any information required by these rules to determine
the compliance status of an affected source.

(c)  Excess emissions reporting. The owner or operator shall report
excess emissions following the procedures under Rule .0535 of this
Subchapter.

(d)  Continuous emissions monitors.

(1)	The owner or operator shall install, operate, and maintain a
continuous emission monitoring system according to 40 CFR Part 75,
Subpart H, with such exceptions as may be allowed under 40 CFR Part 75,
Subpart H or 40 CFR Part 96 if:

(A)	a source is covered under Rules .1416, .1417, or .1418 of this
Section except internal combustion engines, or

(B)	any source that opts into the nitrogen oxide budget trading program
under Rule .1419 of this Section .

(2)	The owner or operator of a source that is subject to the
requirements of this Section but not covered under Subparagraph (1) of
this Paragraph and that uses a continuous emissions monitoring system to
measure emissions of nitrogen oxides shall operate and maintain the
continuous emission monitoring system according to 40 CFR Part 60,
Appendix B, Specification 2, and Appendix F or Part 75, Subpart H. If
diluent monitoring is required, 40 CFR Part 60, Appendix B,
Specification 3, shall be used. If flow monitoring is required, 40 CFR
Part 60, Appendix B, Specification 6, shall be used.

(3)	The owner or operator of the following sources shall not be required
to use continuous emission monitors unless the Director determines that
a continuous emission monitor is necessary under Rule .0611 of this
Subchapter to show compliance with the rules of this Section:

(A)	a boiler or indirect-fired process heater covered under Rule .1407
of this Section with a maximum heat input less than or equal to 250
million Btu per hour;

(B)	stationary internal combustion engines covered under Rule .1409 of
this Section except for engines covered under Rules .1409(b) and .1418
of this Section.

(e)  Missing data.

(1)	If data from continuous emission monitoring systems required to meet
the requirements of 40 CFR Part 75 are not available at a time that the
source is operated, the procedures in 40 CFR Part 75 shall be used to
supply the missing data.

(2)	For continuous emissions monitors not covered under Subparagraph (1)
of this Paragraph, data shall be available for at least 95 percent of
the emission sources operating hours for the applicable averaging
period, where four equally spaced readings constitute a valid hour. If
data from continuous emission monitoring systems are not available for
at least 95 percent of the time that the source is operated, the owner
or operator of the monitor shall:

(A)	use the procedures in 40 CFR 75.33 through 75.37 to supply the
missing data; or

(B)	document that the combustion source or process equipment and the
control device were being properly operated (acceptable operating and
maintenance procedures are being used, such as, compliance with permit
conditions, operating and maintenance procedures, and preventative
maintenance program, and monitoring results and compliance history) when
the monitoring measurements were missing.

(f)  Quality assurance for continuous emissions monitors.

(1)	The owner or operator of a continuous emission monitor required to
meet 40 CFR Part 75, Subpart H, shall follow the quality assurance and
quality control requirements of 40 CFR Part 75, Subpart H.

(2)	For a continuous emissions monitor not covered under Subparagraph
(1) of this Paragraph, the owner or operator of the continuous emissions
monitor shall follow the quality assurance and quality control
requirements of 40 CFR Part 60, Appendix F, if the monitor is required
to be operated annually under another rule. If the continuous emissions
monitor is being operated only to satisfy the requirements of this
Section, then the quality assurance and quality control requirements of
40 CFR Part 60, Appendix F, shall apply except that:

(A)	A relative accuracy test audit shall be conducted after January 1
and before May 1 of each year;

(B)	One of the following shall be conducted at least once between May 1
and September 30 of each year:

(i)	a linearity test, according to 40 CFR Part 75, Appendix A, Section
3.2, 6.2, and 7.1;

(ii)	a relative accuracy audit, according to 40 CFR Part 60, Appendix F,
Section 5 and 6; or

(iii)	a cylinder gas audit according to 40 CFR Part 60, Appendix F,
Section 5 and 6; and

(C)	A daily calibration drift test shall be conducted according to 40
CFR Part 60, Appendix F, Section 4.0.

(g)  End of season reporting for large sources. The owner or operator of
a source covered under Rules .1416, .1417, or .1418 of this Section
shall report to the Director no later than October 30 of each year, the
tons of nitrogen oxides emitted during the previous ozone season. The
Division of Air Quality shall make this information publicly available.

(h)  Recordkeeping and reporting requirements for large sources. The
owner or operator of a source covered under Rules .1416, .1417, or .1418
of this Section shall comply with the recordkeeping and reporting
requirements of 40 CFR Part 96, Budget Trading Program for State
Implementation Plans.

(i) Averaging time for continuous emissions monitors. When compliance
with a limitation established for a source subject to the requirements
of this Section is determined using a continuous emissions monitoring