(6)	clean mixing, blending, and manufacturing vats and containers by adding cleaning solvent and closing the vat or container before agitating the cleaning solvent. The spent cleaning solvent shall then be poured into a closed container.
(d)  When cleaning parts, the owner or operator of any facility subject to this Rule shall:
(1)	flush parts in the freeboard area;
(2)	take precautions to reduce the pooling of solvent on and in the parts;
(3)	tilt or rotate parts to drain solvent and allow a minimum of 15 seconds for drying or until all dripping has stopped, whichever is longer;
(4)	not fill cleaning machines above the fill line;
(5)	not agitate solvent to the point of causing splashing.
(e)  The owner or operator of a source on which a control device has been installed shall continue to maintain and operate the control device unless the Director determines that the removal of the control device shall not cause or contribute to a violation of the ozone ambient air quality standard, as set forth in 15A NCAC 02D .0405.
(f)  The owner or operator of a source that has complied with 15A NCAC 02D .0518 prior to July 1, 2000, by complying with a rule in this Section, shall continue to comply with that Rule unless the Director determines that if the source ceases to comply with that rule, it shall not cause or contribute to a violation of the ozone ambient air quality standard, as set forth in 15A NCAC 02D .0405.
(g)  All sources at a facility subject to this Rule shall be permitted unless they are exempted from permitting by 15A NCAC 02Q .0102.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 2000;
Readopted Eff. November 1, 2020.

15a ncac 02d .0959	PETITION FOR SUPERIOR ALTERNATIVE CONTROLS
(a)  This Rule applies to all sources regulated by this Section.
(b)  If the owner or operator of any source of volatile organic compounds subject to the requirements of this Section can demonstrate that an alternative operational or equipment control is superior to the required control, he or she may petition the Director to allow the use of alternative operational or equipment controls for the reduction of volatile organic compound emissions.
(c)  The petition shall include:
(1)	the name and address of the company and the name and telephone number of the petitioner;
(2)	a description of all operations conducted at the location to which the petition applies and the purpose that the volatile organic compound emitting equipment serves within the operations;
(3)	reference to the specific operational and equipment controls under the rules of this Section for which alternative operational or equipment controls are proposed;
(4)	a description of the proposed alternative operational or equipment controls, the magnitude of volatile organic compound emission reduction that will be achieved, and the quantity and composition of volatile organic compounds that will be emitted if the alternative operational or equipment controls are instituted; and
(5)	certification that emissions of all other air contaminants from the subject source are in compliance with all applicable local, State, and federal laws and regulations.
The petition may include a copy of the permit application.
(d)  The Director shall approve a petition for alternative control if:
(1)	the petition is submitted in accordance with Paragraph (c) of this Rule;
(2)	the Director determines that the proposed alternative operational or equipment control is superior to the required controls;
(3)	all other air contaminant emissions from the facility are in compliance with, or under a schedule for compliance as expeditiously as practicable with, all applicable local, State, and federal regulations; and
(4)	the petition contains a schedule for achieving and maintaining reduction of volatile organic compound emissions to the maximum extent feasible and as expeditiously as practicable.
(e)  When controls different from those specified in the appropriate emission standards in this Section are approved by the Director, the permit shall contain a condition stating such controls.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. April 1, 2003;
Readopted Eff. November 1, 2020.

15a ncac 02d .0960	cargo tank leak tester report
(a)  Purpose. The purpose of this Rule is to establish procedures for cargo tank testing facilities to perform leak tightness tests on gasoline cargo tanks as defined in 15A NCAC 02D .0932.
(b)  Leak testing report. The certified facility performing the test shall give a copy of the leak testing report to the cargo tank owner and shall retain a copy of the leak testing report. The leak testing report shall contain the following information:
(1)	the name, address, and telephone number of cargo tank testing facility performing the leak test;
(2)	the name and signature of the individual performing the leak test;
(3)	the name and address of the owner of the tank;
(4)	the identification number of the tank;
(5)	documentation of tests performed including the date and summary or results;
(6)	continued qualification statement and returned to service status; and
(7)	a list or description of identified corrective repairs to the tank. If none are performed then the report shall state "no corrective repairs performed."
(c)  Record retention. The cargo tank testing facility performing the test and the owner of the cargo tank shall keep the leak testing report for at least two years. Leak testing reports shall be made available to the Division upon request.
(d)  Verification of leak tightness. The Division may use Method 21 of Appendix A to 40 CFR Part 60 to verify the leak tightness of a tank.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (13);
Eff. April 1, 2003;
Amended Eff. July 1, 2007;
Readopted Eff. November 1, 2023; October 1, 2020.

15A NCAC 02D .0961	OFFSET LITHOGRAPHIC PRINTING AND LETTERPRESS PRINTING
(a)  For the purposes of this Rule, the definitions listed in this Paragraph and 15A NCAC 02D .0101 and .0902 shall apply.
(1)	"Composite partial vapor pressure" means the sum of the partial pressure of the compounds defined as volatile organic compounds. Volatile organic compounds composite partial vapor pressure is calculated as follows:

Where:
Wi = Weight of the "i" volatile organic compound, in grams
Ww = Weight of water, in grams
Wc = Weight of exempt compound, in grams
MWi = Molecular weight of the "i" volatile organic compound, in g/g-mole
MWw = Molecular weight of water, in g/g-mole
MWc = Molecular weight of exempt compound, in g/g-mole
PPc = Volatile organic compounds composite partial vapor pressure at 20 degrees Celsius (68 degrees Fahrenheit), in mm Hg
VPi = Vapor pressure of the "i" volatile organic compound at 20 degrees Celsius (68 degrees Fahrenheit), in mm Hg
(2)	"First installation date" means the actual date when this control device becomes operational. This date does not change if the control device is later redirected to a new press.
(3)	"Fountain solution" means water-based solution that applies to lithographic plate to render the non-image areas unreceptive to the ink.
(4)	"Heatset" means any operation in which heat is required to evaporate ink oils from the printing ink, excluding ultraviolet (UV) curing, electron beam curing, and infrared drying.
(5)	"Letterpress printing" means a printing process in which the image area is raised relative to the non-image area and the paste ink is transferred to the substrate directly from the image surface.
(6)	"Non-heatset" means a lithographic printing process where the printing inks are set by absorption or oxidation of the ink oil, not by evaporation of the ink oils in a dryer. For the purposes of this Rule, use of an infrared heater or printing conducted using ultraviolet-cured or electron beam-cured inks is considered non-heatset.
(7)	"Offset lithography" means a printing process that uses sheet-fed or web method of press feeding and transfers ink from the lithographic plate to a rubber-covered intermediate "blanket" cylinder and then from the blanket cylinder to the substrate.
(8)	"Press" means a printing production assembly composed of one or more units used to produce a printed substrate including any associated coating, spray powder application, heatset web dryer, ultraviolet or electron beam curing units, or infrared heating units.
(9)	"Sheet-fed printing" means offset lithographic printing when individual sheets of paper or other substrate are fed to the press.
(10)	"Web printing" means offset lithographic printing when continuous rolls of substrate material are fed to the press and rewound or cut to size after printing.
(b)  This Rule applies to any offset lithographic and any letterpress printing operations sources that are not covered by 15A NCAC 02D .0966(c)(1) and whose emissions of volatile organic compounds exceed:
(1)	the threshold established in 15A NCAC 02D .0902(b) and (f); or
(2)	an equivalent level of three tons per 12-consecutive month rolling period.
(c)  Volatile organic compounds content in the fountain solution for on-press (as-applied) heatset web offset lithographic printing shall meet one of the following requirements or equivalent level of control as determined in permit conditions:
(1)	contain 1.6 percent alcohol or less, by weight, as applied, in the fountain solution:
(2)	contain three percent alcohol or less, by weight, on-press (as-applied) in the fountain solution if the fountain solution is refrigerated to below 60 degrees Fahrenheit; or
(3)	contain five percent alcohol substitute or less, by weight, on-press (as-applied) and no alcohol in the fountain solution.
(d)  Volatile organic compounds content in the fountain solution for on-press (as-applied) sheet-fed lithographic printing shall meet one of the following requirements or equivalent level of control as determined in permit conditions:
(1)	contain five percent alcohol or less, by weight, on-press (as-applied) in the fountain solution;
(2)	contain 8.5 percent alcohol or less, by weight, on-press (as-applied) in the fountain solution if the fountain solution is refrigerated to below 60 degrees Fahrenheit; or
(3)	contain five percent alcohol substitute or less, by weight, on-press (as-applied) and no alcohol in the fountain solution.
(e)  Volatile organic compounds content in emissions from fountain solution from non-heatset web offset lithographic printing shall not exceed five percent alcohol substitute (by weight) on-press (as-applied) and contain no alcohol in the fountain solution.
(f)  An owner or operator of an individual web offset lithographic printing press dryer or letterpress-printing heatset press subject to this Rule that emits 25 or more tons per year potential emissions of volatile organic compounds shall:
(1)	use an enforceable limitation on potential emissions to keep individual heatset press below 25 tons per year potential to emit volatile organic compounds (petroleum ink oil) threshold, which can be achieved by using inks and coatings that contain less than 31.25 tons per year volatile organic compound (petroleum ink oil) where 20 percent retention factor of petroleum ink oil applies, or by using other methods established by permit conditions; or
(2)	use an add-on control system that meets one of the following requirements:
(A)	reduces volatile organic compounds emissions from each dryer by at least 90 percent volatile organic compounds emissions control efficiency established by procedures defined in Paragraph (h) of this Rule for a control device from heatset dryers whose first installation date was prior to July 1, 2010, at facilities with potential to emit 100 tons or more of volatile organic compounds per year;
(B)	reduces volatile organic compounds emissions from each dryer by at least 90 percent volatile organic compounds emissions control efficiency established by procedures defined in Paragraph (h) of this Rule for a control device from heatset dryers whose first installation date was prior to May 1, 2013, at facilities with potential to emit less than 100 tons of volatile organic compounds per year;
(C)	reduces volatile organic compounds emissions from each dryer by at least 95 percent volatile organic compounds emissions control efficiency established by procedures defined in Paragraph (h) of this Rule for a control device from heatset dryers whose first installation date was on or after July 1, 2010, at facilities with potential to emit 100 tons or more of volatile organic compounds per year;
(D)	reduces volatile organic compounds emissions from each dryer by at least 95 percent volatile organic compounds emissions control efficiency established by procedures defined in Paragraph (h) of this Rule for a control device from heatset dryers whose first installation date was on or after May 1, 2013, at facilities with potential to emit less than 100 tons of volatile organic compounds per year; or
(E)	maintains a maximum volatile organic compounds outlet concentration of 20 parts per million by volume (ppmv), as hexane (C6H14) on a dry basis.
(g)  The control limits established in:
(1)	Paragraphs (c), (d), and (e) of this Rule shall not be applied to any press with total fountain solution reservoir of less than one gallon;
(2)	Paragraph (d) of this Rule shall not be applied to sheet-fed presses with maximum sheet size 11x 17 inches or smaller; and
(3)	Subparagraph (f)(2) of this Rule shall not be applied to a heatset press used for book printing, or to a heatset press with maximum web width of 22 inches or less.
(h)  If the owner or operator of a printing press is required by permit conditions to determine:
(1)	the volatile organic compounds content, Method 24 of Appendix A to 40 CFR Part 60 or approved alternative methods pursuant to 15A NCAC 02D .2602(h) shall be used; and
(2)	the control efficiency by measuring volatile organic compounds at the control device inlet and outlet, Methods 18, 25, or 25A of Appendix A to 40 CFR Part 60, or approved alternative methods pursuant to 15A NCAC 02D .2602(h) shall be used.
(i)  All test methods defined in Paragraph (h) of this Rule shall be conducted at typical operating conditions and flow rates.
(j)  The owner or operator of any facility subject to this Rule shall demonstrate compliance with RACT applicability requirements by calculating volatile organic compounds emissions and keep records of the basis of the calculations required by 15A NCAC 02D .0605 and .0903. Volatile organic compounds emissions from offset lithographic printing and letterpress printing shall be determined by permit condition requirements or by using the following retention and capture efficiency factors:
(1)	the retention factors are:
(A)	20 percent for heatset petroleum ink oils;
(B)	100 percent for heatset vegetable ink oils;
(C)	95 percent for sheet-fed and coldset web petroleum ink oils; and
(D)	100 percent for sheet-fed and coldset web vegetable ink oils.
(2)	the retention factor is 50 percent for low volatile organic compounds composite vapor pressure cleaning materials in shop towels where:
(A)	volatile organic compounds composite vapor pressure of the cleaning material is less than 10 mm Hg at 20ºC; and
(B)	cleaning materials and used shop towels are kept in closed containers.
(3)	carryover (capture) factors of volatile organic compounds from automatic blanket wash and fountain solution to offset lithographic heatset dryers are:
(A)	40 percent VOC carryover (capture) factor for automatic blanket washing when the volatile organic compounds composite vapor pressure of the cleaning material is less than 10mm Hg at 20°C.
(B)	70 percent VOC carryover (capture) factor for alcohol substitutes in fountain solution.
(4)	capture efficiency for volatile organic compounds (petroleum ink oils) from oil-based paste inks and oil-based paste varnishes (coatings) in heatset web offset lithographic presses and heatset web letterpress presses shall be demonstrated by showing that the dryer is operating at negative pressure relative to the surrounding pressroom. As long as the dryer is operated at negative pressure, the capture efficiency for VOC from the heatset lithographic inks and varnishes (coatings) formulated with low volatility ink oils is 100 percent of the VOC (ink oils) volatilized in the dryer. Capture efficiency test is not required in this situation.
(k)  Except as specified in this Paragraph, all cleaning materials used for cleaning a press, press parts, or to remove dried ink from areas around the press shall meet one of the following requirements:
(1)	the volatile organic compounds content shall be less than 70 percent by weight; or
(2)	composite partial vapor pressure of volatile organic compounds shall be less than 10 mm Hg at 20 degrees Celsius.
No more than 110 gallons per year of cleaning materials that do not meet the requirements of Subparagraph (1) or (2) of this Paragraph shall be used during any 12 consecutive months.
(l)  The owner or operator of any facility subject to this Rule shall maintain the following records for a minimum of five years:
(1)	parametric monitoring for processes and control devices as determined and at the frequency specified in the permit or by Paragraph (f) of this Rule;
(2)	the total amount of each individual or class of fountain solution and ink used monthly for the printing operations and the percentage of volatile organic compounds, alcohol, and alcohol substitute as applied in it;
(3)	the total amount of each individual or class of cleaning solutions used monthly with vapor pressure and the percentage of volatile organic compounds as applied in it;
(4)	the total amount of cleaning solutions used monthly with vapor pressure and the percentage of volatile organic compounds as applied that does not meet the vapor pressure or percentage of volatile organic compounds requirements of Paragraph (k) of this Rule;
(5)	the temperature of fountain solutions for lithographic printing presses using alcohol at the frequency specified in the permit; and
(6)	any other parameters required by the permit in accordance with 15A NCAC 02D .0605 and .0903.
(m)  The owner or operator of any source subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. September 1, 2010;
Amended Eff. May 1, 2013;
Readopted Eff. November 1, 2023; November 1, 2020.
15A NCAC 02D .0962	INDUSTRIAL CLEANING SOLVENTS
(a)  For the purpose of this Rule, the following definitions shall apply:
(1)	"Organic solvent" means a liquid hydrocarbon, such as methyl ethyl ketone or toluene, used to dissolve paints, varnishes, grease, oil, or other hydrocarbons.
(2)	"Solvent cleaning" means the process of removing the excess penetrant from the surface or a part by wiping, flushing, or spraying with a solvent for the penetrant.
(3)	"Wipe cleaning" means the method of cleaning that utilizes a material such as a rag wetted with a solvent, prior to a physical rubbing process to remove contaminants from surfaces.
(b)  This Rule applies, with exemptions defined in Paragraphs (c) and (d) of this Rule, to sources whose volatile organic compound emissions exceed the threshold in 15A NCAC 02D .0902(b) from the following cleaning operations:
(1)	spray gun cleaning;
(2)	spray booth cleaning;
(3)	large manufactured components cleaning;
(4)	parts cleaning;
(5)	equipment cleaning;
(6)	line cleaning;
(7)	floor cleaning;
(8)	tank cleaning; and
(9)	small manufactured components cleaning.
(c)  Paragraph (e) of this Rule does not apply to any cleaning material used for cleaning operations covered by 15A NCAC 02D .0918, .0919, .0923, .0924, .0930, .0935, .0961, .0963, .0964, .0965, .0966, .0967, and .0968.
(d)  Cleaning operations of portable or stationary mixing vats, high dispersion mills, grinding mills, tote tanks, and roller mills for manufacturing of coating, ink, or adhesive shall apply one or more of the following methods:
(1)	use industrial cleaning solvents that either contain less than 1.67 pounds VOC per gallon or have an initial boiling point greater than 120 degrees Celsius, and where the initial boiling point exceeds the maximum operating temperature by at least 100 degrees Celsius. The industrial cleaning solvents shall be collected and stored in closed containers;
(2)	implement the following work practices:
(A)	maintain the equipment being cleaned as leak free;
(B)	drain volatile organic compounds containing cleaning materials from the cleaned equipment upon completion of cleaning;
(C)	store or dispose of volatile organic compounds containing cleaning materials, including waste solvent, in a manner that will prevent evaporation into atmosphere; and
(D)	store all volatile organic containing cleaning materials in closed containers;
(3)	collect and vent the emissions from equipment cleaning to an add-on control system as set forth in Paragraph (g) of this Rule; or
(4)	use organic solvents other than listed in Subparagraph (d)(1) of this Rule if no more than 60 gallons of fresh solvent shall be used per month. Organic solvent reused or recycled either onsite or offsite for further use in equipment cleaning or the manufacture of coating, ink, or adhesive shall not be included in this limit.
(e)  Any cleaning material of the cleaning operations listed in Paragraph (b) of this Rule shall have:
(1)	volatile organic compounds content that does not exceed 0.42 pounds per gallon; or
(2)	composite vapor limit of eight millimeters of mercury at 20 degrees Celsius.
(f)  Method 24 of Appendix A to 40 CFR Part 60 shall be used to determine the volatile organic compounds content of coating materials used in industrial cleaning solvents operations, unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer.
(g)  Facilities that have chosen to use add-on control shall install control equipment with 85 percent overall efficiency.
(h)  The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. September 1, 2010;
Amended Eff. May 1, 2013;
Readopted Eff. November 1, 2020.

15A NCAC 02D .0963	FIBERGLASS BOAT MANUFACTURING MATERIALS
(a)  For the purpose of this Rule, the following definitions shall apply:
(1)	"Closed molding" means any fabrication techniques in which pressure is used to distribute the resin through the reinforcing fabric placed between two mold surfaces to either saturate the fabric or fill the mold cavity.
(2)	"Monomer" means a volatile organic compound that partly combines with itself, or other similar compounds, by a cross-linking reaction to become part of the cured resin.
(3)	"Open molding" means the open mold that is first spray-coated with a clear or pigmented polyester resin known as a gel coat. The gel coat will become the outer surface of the finished part.
(b)  This Rule applies to a facility that manufactures hulls or decks of boats and related parts, builds molds to make fiberglass boat hulls or decks and related parts from fiberglass, or makes polyester resin putties for assembling fiberglass parts; and whose volatile organic compounds emissions meet the threshold established in 15A NCAC 02D .0902(b) from sources for the following operations:
(1)	open molding and gel coat operation, including pigmented gel coat, clear gel coat, production resin, tooling gel coat, and tooling resin;
(2)	resins and gel coat mixing operations; and
(3)	resins and gel coat application equipment cleaning operations.
(c)  The following activities are exempted from the provisions of this Rule:
(1)	surface coatings applied to fiberglass boats;
(2)	surface coatings for fiberglass and metal recreational boats; and
(3)	industrial adhesives used in the assembly of fiberglass boats.
(d)  Volatile organic compounds content limits in resin and gel coat that are used for any molding operations listed in Paragraph (b) of this Rule and closed molding operations that do not meet the definition of monomer established in Subparagraph (a)(2) of this Rule, such as vacuum bagging operations, shall not exceed monomer volatile organic compounds limits established in Table 1:

Table 1. Organic Hazardous Air Pollutants Content Requirements for Open Molding Resin and Gel Coat Operations (40 CFR 63, Subpart VVVV)
Material
Application Method
Limit of Weighted-Average Monomer VOC Content (weight percent)
Production resin
Atomized (spray)
                                      28
Production resin
Nonatomized
                                      35
Pigmented gel coat
Any method
                                      33
Clear gel coat
Any method
                                      48
Tooling resin
Atomized
                                      30
Tooling resin
Nonatomized
                                      39
Tooling gel coat
Any method
                                      40

The average monomer volatile organic compounds contents listed in the Table 1 shall be determined by using Equation 1 below:
 Weighted Average Monomer VOC Content= i=1nMi*VOCii=1nMi
Where:	Mi = mass of open molding resin or gel coat i used in the past 12 month in an operation in megagrams;
VOCi = monomer volatile organic compounds content, by weight percent, of open molding resin or gel coat
 i used in the past 12 month in an operation;
n = number of different open molding resins or gel coats used in the past 12 months in an operation.
(e)  The volatile organic compounds limits established in Paragraph (d) of this Rule are not applicable to:
(1)	production resins, including skin coat resins, that meet specifications for use in military vessels or are approved by the U.S. Coast Guard for the use in the construction of lifeboats, rescue boats, and other lifesaving appliances approved under 46 CFR Subchapter Q, or the construction of small passenger vessels regulated by 46 CFR Subchapter T. Production resins that meet these criteria shall be applied with non-atomizing resin application equipment;
(2)	production and tooling resins; and pigmented, clear, and tooling gel coat used for part or mold repair and touch up. Total resin and gel coat materials that meet these criteria shall not exceed one percent by weight of all resin and gel coat used at a facility on a 12-month rolling-average basis; or
(3)	pure, 100-percent vinyl ester resin used for skin coats that are applied with non-atomizing resin application equipment and with the total amount of the resin materials not exceeding five percent by weight of all resin used at a factory on 12-month rolling-average basis.
(f)  Any molding resin and gel coat operations listed in Paragraph (b) of this Rule that a facility chooses to include into average emissions among different operations to meet numerical monomer volatile organic compounds emission rate limits rather than to comply with the emission limits established in Paragraph (d) of this Rule shall use the following equations:
(1)	to estimate a facility-specific monomer volatile organic compounds mass emission limit (12-month rolling average) use Equation 2 below:
Monomer VOC Limit = 46(MR) + 159(MPG) + 291(MCG) + 54(MTR) + 214(MTG)
Where:
            Monomer VOC Limit = total allowable monomer volatile organic compounds that can be emitted from the open molding operations included in the average, in kilograms per 12-month period.
            MR = mass of production resin in megagrams used in the past 12 months, excluding any materials that are exempt;
            MPG = mass of pigmented gel coat in megagrams used in the past 12 months, excluding any materials that are exempt;
            MCG = mass of clear gel coat in megagrams used in the past 12 months, excluding any materials that are exempt;
            MTR= mass of tooling resin coat in megagrams used in the past 12 months, excluding any materials that are exempt;
            MTG = mass of tooling gel coat in megagrams used in the past 12 months, excluding any materials that are exempt.
            Estimates of average emissions shall be determined on a 12-month rolling average basis at the end of every month. The numerical coefficients associated with each term on the right hand side of Equation 2 are the allowable monomer volatile organic compounds emission rate for that particular material in units of kilograms of VOC per megagrams of material used.
(2)	to determine if the monomer volatile organic compounds emissions from the operations included in the average do not exceed the emission limit calculated using Equation 2 from Subparagraph (f)(1) of this Rule for the same 12-month period use Equation 3 below:
            Monomer VOC emissions = (PVR)(MR) + (PVPG)(MPG) + (PVCG)(MCG) + (PVTR)(MTR) + (PVTG)(MTG)
Where:
            Monomer VOC emissions = monomer volatile organic compounds emissions calculated using the monomer volatile organic compounds emission equation for each operation included in the average in kilograms;
            PVR = weighted-average monomer volatile organic compounds emission rate in kilograms per megagram for production resin used in the past 12 months;
MR = Mass of production resin in megagrams used in the past 12 months;
            PVPG = weighted-average monomer volatile organic compounds emission rate in kilograms per megagram for pigmented gel coat used in the past 12 months;
MPG = mass of pigmented gel coat in megagrams used in the past 12 months;
            PVCG = weighted-average monomer volatile organic compounds emission rate in kilograms per megagram for clear gel coat used in the past 12 months;
MCG = Mass of clear gel coat in megagrams used in the past 12 months;
            PVTR = Weighted-average monomer volatile organic compounds emission rate in kilograms per megagram for tooling resin used in the past 12 months;
MTR = Mass of tooling resin in megagrams used in the past 12 months;
            PVTG = Weighted-average monomer volatile organic compounds emission rate in kilograms per megagram for tooling gel coat used in the past 12 months;
MTG = Mass of tooling gel coat in megagrams used in the past 12 months.
            This demonstration shall be conducted at the end of the first 12-month averaging period and at the end of every subsequent month for only those operations that are included in the average.
(3)	to compute the weighted-average monomer volatile organic compounds emission rate for the previous 12 months for each open molding resin and gel coat operation use Equation 4 below:
 PVOP=i=1n(Mi*PVi)i=1nMi
Where:
            PVOP = weighted-average monomer volatile organic compounds emission rate in kilograms of monomer volatile organic compounds per megagram of material applied for each open molding operation (PVR, PVPG, PVCG, PVTR, and PVTG) included in the average;
Mi = mass or resin or gel coat i in megagrams used within an operation in the past 12 months;
            n = number of different open molding resins and gel coats used within an operation in the past 12 months;
            PVi = the monomer volatile organic compounds emission rate for resin or gel coat i in kilograms of monomer volatile organic compounds per megagram of material applied used within an operation in the past 12 months. Equations in Table 2 shall be used to compute PV. The calculated averages from Equation 4 shall be used as the weighted-average values in Equation 3 in Subparagraph (f)(2) of this Rule.

Table 2. Compliant Materials Monomer Volatile Organic Compounds Content for Open Molding Resin and Gel Coat
For this material
and this application method

Use this formula to calculate the monomer VOC emission rate
1. Production resin, tooling resin
a. Atomized

0.014 x (Resin VOC%)[2.425]

b. Atomized, plus vacuum bagging with roll-out

0.01185 x (Resin VOC%)[2.425]

c. Atomized, plus vacuum bagging without roll-out

0.00945 x (Resin VOC%)[2.425]

d. Nonatomized

0.014 x (Resin VOC%)[2.275]

e. Nonatomized, plus vacuum bagging with roll-out

0.0110 x (Resin VOC%)[2.275]

f. Nonatomized, plus vacuum bagging without roll-out

0.0076 x (Resin VOC%)[2.275]
2. Pigmented gel coat, clear gel coat, tooling gel coat
All methods

0.445 x (Gel coat VOC%)[1.675]

(g)  If the owner or operator of any facility with molding resin and gel coat operations listed in Paragraph (b) of this Rule chooses to use higher-monomer volatile organic compound materials rather than to comply with the emission limits established in Paragraph (d) of this Rule, they shall:
(1)	install control equipment to meet the emission limit determined by Equation 2 in Subparagraph (f)(1) of this Rule, by applying the mass of each material used during the control device performance test in Equation 2 to determine the emission limit, in kilogram of monomer VOC, that is applicable during the test, instead of using the mass of each material as established in Subparagraph (f)(1) of this Rule;
(2)	monitor and record relevant control device and capture system operating parameters during the control device performance test to use the recorded values to establish operating limits for those parameters; and
(3)	monitor the operating parameters for the control device and emissions capture system and maintain the parameters within the established limits.
(h)  Any molding resin and gel coat operations that use a filled production resin or filled tooling resin shall calculate the emission rate for the filled production resin or filled tooling resin on as-applied basis using Equation 5. If the filled resin:
(1)	is used as a production resin then the value of PVF calculated by Equation 5 shall not exceed 46 kilograms of monomer VOC per megagram of filled resin applied;
(2)	is used as a tooling resin then the value of PVF calculated by Equation 5 shall not exceed 54 kilograms of monomer VOC per megagram of filled resin applied; and
(3)	is included in the emissions averaging procedure then the facility shall use the value of PVF calculated by Equation 5 below for the value PVi in Equation 4 in Subparagraph (f)(3) of this Rule.
 PVF=PVU*(100-%Filler)100
Where:
            PVF = The as-applied monomer volatile organic compounds emission rate in kilograms monomer VOC per megagram of filled material for the filled production resin or tooling resin;
            PVU = The monomer volatile organic compounds emission rate for the neat (unfilled) resin before filler is added, as calculated using the formulas in Table 2 of Subparagraph (f)(3) of this Rule.
%Filler = The weight-percent of filler in the as-applied filled resin system.
(i)  All resins and gel coats included in volatile organic compounds limits described in Paragraphs (d) through (h) of this Rule shall meet the non-monomer volatile organic compounds content limit of five percent.
(j)  If the non-monomer volatile organic compounds content of a resin or gel coat exceeds five percent, then the excess non-monomer volatile organic compounds over the five percent shall be counted toward the monomer volatile organic compounds content.
(k)  SCAQMD Method 312-91, Determination of Percent Monomer in Polyester Resins, revised April 1996 shall be used to determine the monomer volatile organic compounds content of resin and gel coat materials unless the facility maintains records to document the volatile organic compounds content of resin and gel coat materials from the manufacturer. This test method was developed by the South Coast Air Quality Management District and is incorporated by reference, excluding subsequent amendments or editions, and may be obtained free of charge online at http://www.aqmd.gov/docs/default-source/laboratory-procedures/methods-procedures/312-91.pdf.
(l)  All resin and gel coat mixing containers with a capacity equal to or greater than 55 gallons, including those used for on-site mixing of putties and polyputties, shall have a cover with no visible gaps in place at all times except for the following operations:
(1)	when material is being manually added to or removed from a container; or
(2)	when mixing or pumping equipment is being placed or removed from a container.
(m)  Volatile organic compounds cleaning solvents for routine application equipment cleaning shall contain no more than five percent volatile organic compounds by weight, or have a composite vapor pressure of no more than 0.50 mm Hg at 68 degrees Fahrenheit.
(n)  Only non-volatile organic compounds solvents shall be used to remove cured resin and gel coat from application equipment.
(o)  The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. September 1, 2010;
Readopted Eff. November 1, 2020.

15A NCAC 02D .0964	MISCELLANEOUS INDUSTRIAL ADHESIVES
(a)  For the purpose of this Rule, the following definitions apply:
(1)	"Air-assisted airless spray" means a system that consists of an airless spray gun with a compressed air jet at the gun tip to atomize the adhesive.
(2)	"Airless spray" means the application of an adhesive through an atomizing nozzle at high pressure of 1,000 to 6,000 pounds per square inch by a pump forces.
(3)	"Application process" means a process that consists of a series of one or more adhesive applicators and any associated drying area or oven where an adhesive is applied, dried, and cured.
(4)	"Dip coating" means application where substrates are dipped into a tank containing the adhesive. The substrates are then withdrawn from the tank and any excess adhesive is allowed to drain.
(5)	"Electrocoating" means a specialized form of dip coating where opposite electric charges are applied to the waterborne adhesive and the substrate.
(6)	"Electrostatic spray" means application where the adhesive and substrate are oppositely charged.
(7)	"Flow coating" means conveying the substrate over an enclosed sink where the adhesive is applied at low pressure as the item passes under a series of nozzles.
(8)	"HVLP" means a system with specialized nozzles that provide better air and fluid flow than conventional air atomized spray systems at low air pressure, shape spray pattern, and guide high volumes of atomized adhesive particles to the substrate using lower air pressure of 10 pounds per square inch or less at the spray cap.
(9)	"Miscellaneous industrial adhesives" means adhesives, including adhesive primers used in conjunction with certain types of adhesives used at industrial manufacturing and repair facilities for a wide variety of products and equipment that operate adhesives application processes.
(10)	"Roll coating," "brush coating," and "hand application" means application of high viscosity adhesives onto small surface area.
(b)  Control of volatile organic compounds emissions from miscellaneous industrial adhesives product categories covered by 15A NCAC 02D .0923, .0935, .0961, .0962, .0963, .0965, .0966, .0967, and .0968 are exempted from the requirements of this Rule.
(c)  This Rule applies to miscellaneous industrial adhesive application sources whose volatile organic compounds emissions meet the threshold established in 15A NCAC 02D .0902(b).
(d)  With the exception established in Paragraph (b) of this Rule, all volatile organic compounds containing materials applied by each miscellaneous industrial adhesive application processes before control shall:
(1)	not exceed limits established in Table 1 of this Rule; and
(2)	be used in one of the following application methods in conjunction with using low volatile organic compounds adhesives or adhesive primers:
(A)	electrostatic spray;
(B)	HVLP spray;
(C)	flow coat;
(D)	roll coat or hand application, including non-spray application methods similar to hand or mechanically powered caulking gun, brush, or direct hand application;
(E)	dip coat including electrodesposition;
(F)	airless spray;
(G)	air-assisted airless spray; or
(H)	any other adhesive application method capable of achieving a transfer efficiency equivalent to or better than that achieved by HVLP spraying.
(e)  Emission limits established in Subparagraph (d)(1) of this Rule shall be:
(1)	met by averaging the volatile organic compounds content of materials used on a single application unit for each day; and
(2)	calculated as mass of volatile organic compounds per volume of adhesive primer, excluding water and exempt compounds, as applied.
(f)  If an adhesive is used to bond dissimilar substrates together in general adhesive application process as set forth in Table 1, then the applicable substrate category with the highest volatile organic compounds emission limit shall be established as the limit for such application.

Table 1. Volatile Organic Compounds Emission Limits for General and Specialty Adhesive Application Process.
General Adhesive Application Processes
                          VOC Emission Limit (lb/gal)
Reinforced Plastic Composite
                                      1.7
Flexible vinyl
                                      2.1
Metal
                                      0.3
Porous Material (Except Wood)
                                       1
Rubber
                                      2.1
Wood
                                      0.3
Other Substrates
                                      2.1
Specialty Adhesive Application Processes
                          VOC Emission Limit (lb/gal)
Ceramic Tile Installation
                                      1.1
Contact Adhesive
                                      2.1
Cove Base Installation
                                      1.3
Floor Covering Installation (Indoor)
                                      1.3
Floor Covering Installation (Outdoor)
                                      2.1
Floor Covering Installation (Perimeter Bonded Sheet Vinyl)
                                      5.5
Metal to Urethane/Rubber Molding or Casting
                                      7.1
Motor Vehicle Adhesive
                                      2.1
Motor Vehicle Weatherstrip Adhesive
                                      6.3
Multipurpose Construction
                                      1.7
Plastic Solvent Welding (ABS)
                                      3.3
Plastic Solvent Welding (Except ABS)
                                      4.2
Sheet Rubber Lining Installation
                                      7.1
Single-Ply Roof Membrane Installation/Repair (Except EPDM)
                                      2.1
Structural Glazing
                                      0.8
Thin Metal Laminating
                                      6.5
Tire Repair
                                      0.8
Waterproof Resorcinol Glue
                                      1.4
Adhesive Primer Application Processes
                         VOC Emission Limit1 (lb/gal)
Motor Vehicle Glass Bonding Primer
                                      7.5
Plastic Solvent Welding Adhesive Primer
                                      5.4
Single-Ply Roof Membrane Adhesive Primer
                                      2.1
Other Adhesive Primer
                                      2.1

(g)  Any miscellaneous industrial adhesive application processes subject to this Rule, which chooses to use add-on control for adhesive application processes rather than to comply with the emission limits established in Paragraph (d) of this Rule, shall install control equipment with overall control efficiency of 85 percent or use a combination of adhesives and add-on control equipment on an application process to meet limits established in Paragraph (d) of this Rule.
(h)  EPA Method 24 or 25A of Appendix A to 40 CFR Part 60 shall be used to determine the volatile organic compounds content of adhesives, other than reactive adhesives, and the procedure established in Appendix A of the NESHAP for surface coating of plastic parts (40 CFR Part 63, Subpart PPPP) shall be used to determine the volatile organic compounds content of reactive adhesives unless the facility maintains records to document the volatile organic compounds content of adhesives from the manufacturer.
(i)  The owner or operator of any facility subject to this Rule shall comply with the 15A NCAC 02D .0903 and .0958.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. September 1, 2010;
Readopted Eff. November 1, 2023; November 1, 2020.
15A NCAC 02D .0965	FLEXIBLE PACKAGE PRINTING
(a)  For the purpose of this Rule, the following definitions apply:
(1)	"First installation date" means the actual date when the equipment or control device becomes operational. This date does not change if the equipment or control device is later moved to a new location.
(2)	"Flexible Packaging" means any package or part of a package whose shape can be readily changed.
(3)	"Flexographic printing" means a printing process in which an image is raised above the printing plate, and the image carrier is made of rubber or other elastomeric materials.
(4)	"Rotogravure press" means an unwind or feed section, which may include:
(A)	more than one unwind or feed station, such as on a laminator;
(B)	a series of individual work stations, one or more of which is a rotogravure print station;
(C)	any dryers associated with the work stations; and
(D)	a rewind, stack, or collection section.
(5)	"Rotogravure printing" means a printing process in which an image type and art is etched or engraved below the surface of a plate or cylinder.
(b)  This Rule applies to flexible packaging printing press sources whose emissions of volatile organic compounds meet the threshold established in 15A NCAC 02D .0902(b).
(c)  The volatile organic compounds content of materials used on any single flexible packaging printing press subject to this Rule shall not exceed 0.8 pounds volatile organic compounds per one pound of solids applied, or 0.16 pounds volatile organic compounds per one pound of materials applied limits. These volatile organic compounds content limits are consistent with 80 percent overall emissions reduction level and reflect similar control levels as the capture and control option.
(d)  Any flexible packaging printing press that has chosen to use add-on control for coating operations rather than comply with the emission limits established in Paragraph (c) of this Rule shall install control equipment with:
(1)	65 percent overall control based on a capture efficiency of 75 percent and a control device efficiency of 90 percent for a press that was first installed prior to March 14, 1995 and that is controlled by an add-on control device whose first installation date was prior to July 1. 2010;
(2)	70 percent overall control based on a capture efficiency of 75 percent and a control device efficiency of 95 percent for a press that was first installed prior to March 14, 1995 and that is controlled by an add-on control device whose first installation date was on or after July 1, 2010;
(3)	75 percent overall control based on a capture efficiency of 85 percent and a control device efficiency of 95 percent for a press that was first installed on or after March 14, 1995 and that is controlled by an add-on control device whose first installation date was prior July 1, 2010; and
(4)	80 percent overall control based on a capture efficiency of 85 percent and a control device efficiency of 95 percent for a press that was first installed on or after March 14, 1995 and that is controlled by an add-on control device whose first installation date was on or after July 1, 2010.
(e)  EPA Method 24 or 25A of Appendix A to 40 CFR Part 60 shall be used to determine the volatile organic compounds content of coating materials used at flexible package printing facilities, unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer.
(f)  The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. September 1, 2010;
Readopted Eff. November 1, 2020.

15A NCAC 02D .0966	PAPER, FILM AND FOIL COATINGS
(a)  For the purpose of this Rule, the following definitions apply:
(1)	"Paper, film, and foil coating line" means a series of coating applicators, flash-off areas, and any associated curing/drying equipment between one or more unwind/feed stations and one or more rewind/cutting stations.
(2)	"Flexographic coating" means that the area to be coated is delineated by a raised surface on a flexible plate.
(3)	"Rotary screen or flat screen coating" means the application of a coating material to a substrate by means of masking the surface and applying a color or finish using a screen either in flat form or rotary form.
(4)	"Rotogravure coating" means the application of a coating material to a substrate by means of a roll coating technique in which the pattern to be applied is etched on the coating roll. The coating material is picked up in these recessed areas and is transferred to the substrate.
(b)  This Rule applies to paper, film and foil surface coating operations sources, including related cleaning activity, whose emissions of volatile organic compounds meet the threshold established in 15A NCAC 02D .0902(b), at a facility that applies:
(1)	paper, film, or foil surfaces in the manufacturing of products for pressure sensitive tape and labels, including fabric coated for use in pressure sensitive tapes and labels; photographic film; industrial and decorative laminates; abrasive products, including fabric coated for use in abrasive products; and flexible packaging, including coating of non-woven polymer substrates for use in flexible packaging; and
(2)	coatings during coating applications for production of corrugated and solid fiber boxes; die-cut paper paperboard and cardboard; converted paper and paperboard not elsewhere classified; folding paperboard boxes, including sanitary boxes; manifold business forms and related products; plastic aseptic packaging; and carbon paper and inked ribbons.
(c)  The following types of coatings are not covered by this Rule:
(1)	coatings performed on or in-line with any offset lithographic, screen, letterpress, flexographic, rotogravure, or digital printing press; or
(2)	size presses and on-machine coaters that function as part of an in-line papermaking system.
(d)  Emissions of volatile organic compounds from:
(1)	pressure sensitive tape and label surface coating lines with the potential to emit, prior to controls, less than 25 tons per year of volatile organic compounds from coatings shall not exceed 0.20 pounds volatile organic compounds per pound of solids applied (0.067 pounds volatile organic compounds per pound of coating applied); and
(2)	paper, film, and foil surface coating lines with the potential to emit, prior to controls, less than 25 tons per year of volatile organic compounds from coatings shall not exceed 0.40 pounds of volatile organic compounds per pound of solids (0.08 pounds volatile organic compounds per pound of coating applied).
Compliance shall be determined pursuant to 15A NCAC 02D .0912(c).
(e)  EPA Method 24 or 25A of Appendix A to 40 CFR Part 60 shall be used to determine the volatile organic compounds content of coating materials used at paper, film, and foil coatings facilities, unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer.
(f)  Any individual paper, film, and foil coating line with the potential to emit, prior to controls, at least 25 tons per year of volatile organic compounds from coatings shall apply control with overall volatile organic compounds efficiency of 90 percent rather than the emission limits established in Paragraph (d) of this Rule or use a combination of coating and add-on control equipment on a coating unit to meet limits that are equivalent to 90 percent overall control efficiency.
(g)  The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. September 1, 2010;
Readopted Eff. November 1, 2020.

15A NCAC 02D .0967	MISCELLANEOUS METAL AND PLASTIC PARTS COATINGS
(a)  For the purpose of this Rule, the following definitions apply:
(1)	"Air dried coating" means a coating that is cured at a temperature below 90 degrees Celsius (194 degrees Fahrenheit).
(2)	"Baked coating" means a coating that is cured at a temperature at or above 90 degrees Celsius (194 degrees Fahrenheit).
(3)	"Clear coat" means a colorless coating that contains binders, but no pigment, and is formulated to form a transparent film.
(4)	"Coating unit" means a series of one or more coating applicators and any associated drying area and oven where a coating is applied, dried, and cured.
(5)	"Drum" means any cylindrical metal shipping container with a capacity greater than 12 gallons but less than 110 gallons.
(6)	"Electric dissipating coating" means a coating that rapidly dissipates a high voltage electric charge.
(7)	"Electric-insulating varnish" means a nonconvertible type coating applied to electric motors, components of electric motors, or power transformers, to provide electrical, mechanical, and environmental protection or resistance.
(8)	"Etching filler" means a coating that contains less than 23 percent solids by weight and at least 1/2-percent acid by weight, and is used instead of applying a pretreatment coating followed by a primer.
(9)	"Extreme high-gloss coating" means a coating which, when tested by the American Society for Testing Material Test Method D-523 adopted in 1980, shows a reflectance of 75 or more on a 60 degrees meter.
(10)	"Extreme-performance coating" means a coating used on a metal or plastic surface where the coated surface is, in its intended use, subject to the following:
(A)	Chronic exposure to corrosive, caustic, or acidic agents, chemicals, chemical fumes, chemical mixtures or solutions;
(B)	Repeated exposure to temperatures in excess of 250 degrees Fahrenheit; or
(C)	Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial grade solvents, cleansers, or scouring agents.
            Extreme performance coatings include coatings applied to locomotives, railroad cars, farm machinery, and heavy duty trucks.
(11)	"High-performance architectural coating" means a coating used to protect architectural subsections that meets the requirements of the Architectural Aluminum Manufacturer Association's publication number AAMA 2604-05: Voluntary Specification, Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels or AAMA 2605-05: Voluntary Specification, Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels. These performance requirements and test procedures are incorporated by reference, including subsequent amendments and editions. A copy of AAMA 2604-05 may be obtained free of charge at http://www.starrail.com/wp-content/docs/AAMA2604-05.pdf. A copy of AAMA 2605-05 may be obtained free of charge at http://www.starrail.com/wp-content/docs/AAMA2605-05.pdf.
(12)	"Miscellaneous metal product and plastic parts surface coatings" means the coatings that are applied to the surfaces of a varied range of metal and plastic parts and products that are constructed either entirely or partially from metal or plastic. These miscellaneous metal products and plastic parts include metal and plastic components of the following types of products, as well as the products themselves: fabricated metal products, molded plastic parts, small and large farm machinery, commercial and industrial machinery and equipment, automotive or transportation equipment, interior or exterior automotive parts, construction equipment, motor vehicle accessories, bicycles and sporting goods, toys, recreational vehicles, pleasure craft (recreational boats), extruded aluminum structural components, railroad cars, heavy duty trucks, lawn and garden equipment, business machines, laboratory and medical equipment, electronic equipment, steel drums, metal pipes, and other industrial and household products.
(13)	"Multi-component coating" means a coating requiring the addition of a separate reactive resin, commonly known as a catalyst or hardener, before application to form a dry film.
(14)	"One-component coating" means a coating that is ready for application as it comes out of its container to form a dry film. A thinner, necessary to reduce the viscosity, shall not be considered a component.
(b)  This Rule applies to miscellaneous metal and plastic parts surface coating units whose volatile organic compounds emissions meet the threshold established in 15A NCAC 02D .0902(b) for coating and related cleaning activities of the following types of products:
(1)	fabricated metal products, molded plastic parts, small and large farm machinery, commercial and industrial machinery and equipment;
(2)	automotive or transportation equipment, interior or exterior automotive parts, construction equipment, motor vehicle accessories, bicycles and sporting goods;
(3)	toys, recreational vehicles, pleasure craft (recreational boats), extruded aluminum structural components, railroad cars, heavy duty trucks, lawn and garden equipment;
(4)	business machines, laboratory and medical equipment; and
(5)	electronic equipment, steel drums metal pipes, and other industrial and household products.
(c)  This Rule does not apply to:
(1)	coatings that are applied to test panels and coupons as part of research and development, quality control;
(2)	performance testing activities at paint research or manufacturing facility; or
(3)	sources covered by 15A NCAC 02D .0922, .0923, .0935, .0961, .0962, .0963, .0964, .0965, .0966, and .0968.
(d)  With the exception stated in Paragraph (c) of this Rule, emissions of volatile organic compounds before control for surface coating of:
(1)	Metal parts and products shall not exceed limits as established in Table 1;

Table 1. Metal Parts and Products Volatile Organic Compounds Content Limits
Coating Category
                                   Air Dried
                              lb VOC/gal coating
                                     Baked
                              lb VOC/gal coating
General One Component; General Multi Component; Military Specification
                                      2.8
                                      2.3
Camouflage; Electric-Insulating Varnish; Etching Filler; High Temperature; Metallic; Mold-Seal; Pan Backing; Pretreatment Coatings; Drum Coating, New, Interior; Drum Coating, Reconditioned, Exterior; Silicone Release; Vacuum-Metalizing
                                      3.5
                                      3.5
Extreme High-Gloss; Extreme Performance; Heat-Resistant; Repair and Touch Up; Solar-Absorbent
                                      3.5
                                      3.0
High Performance Architectural
                                      6.2
                                      6.2
Prefabricated Architectural Multi-Component; Prefabricated Architectural One-Component
                                      3.5
                                      2.3
Drum Coating, New, Exterior
                                      2.8
                                      2.8
Drum Coating, Reconditioned, Interior
                                      4.2
                                      4.2

(2)	Plastic parts and products shall not exceed limits as established in Table 2;

Table 2. Plastic Parts and Products Volatile Organic Compounds Content Limits
Coating Category
                              lbs VOC/gal coating
General One Component
                                      2.3
General Multi Component; Metallic
                                      3.5
Electric Dissipating Coatings and Shock-Free Coatings; Optical Coatings; Vacuum-Metalizing
                                      6.7
Extreme Performance
                             3.5 (2-pack coatings)
Military Specification
                                 2.8 (1 pack)
                                 3.5 (2 pack)
Mold-Seal
                                      6.3
Multi-colored Coatings
                                      5.7

(3)	automotive/transportation and business machine plastic parts shall not exceed limits as established in Table 3;

Table 3. Automotive/Transportation and Business Machine Plastic Parts Volatile Organic Compounds Content Limits
Coating Category
                              lbs VOC/gal coating
Automotive/Transportation Coatings
I. High Bake Coatings  -  Interior and Exterior Parts
Non-flexible Primer
                                      3.5
Base Coats; Non-basecoat/clear coat; Flexible Primer
                                      4.3
Clear Coat
                                      4.0
II. Low Bake/Air Dried Coatings  -  Exterior Parts
Primers; Basecoat; Non-basecoat/clearcoat
                                      4.8
Clearcoats
                                      4.5
III. Low Bake/Air Dried Coatings  -  Interior Parts
                                      5.0
IV. Touchup and Repair Coatings
                                      5.2
Business Machine Coatings
Primers; Topcoat Texture Coat; Touchup and repair
                                      2.9
Fog Coat
                                      2.2

(4)	pleasure craft shall not exceed limits as established in Table 4;

Table 4. Pleasure Craft Surface Coating Volatile Organic Compounds Content Limits
Coating Category
                              lbs VOC/gal coating
Extreme High Gloss Topcoat
                                      4.1
High Gloss Topcoat Finish; Primer/Surfacer; All other pleasure craft surface coatings for metal or plastic
                                      3.5
Pretreatment Wash Primers
                                      6.5
High Build Primer Surfacer; Other Substrate Antifoulant Coating
                                      2.8
Aluminum Substrate Antifoulant Coating
                                      4.7

(5)	motor vehicle materials shall not exceed limits as established in Table 5.

Table 5. Motor Vehicle Materials Volatile Organic Compounds Content Limits
Coating Category
                              lbs VOC/gal coating
Motor vehicle cavity wax; Motor vehicle sealer; Motor vehicle deadener; Motor vehicle underbody coating; Motor vehicle trunk interior coating
                                      5.4
Motor vehicle gasket/gasket sealing material; Motor vehicle bedliner
                                      1.7
Motor vehicle lubricating wax/compound
                                      5.8

(e)  With the exception of motor vehicle materials coatings, any miscellaneous metal and plastic parts coatings operations facility may choose a combination of low volatile organic compounds coatings and add-on control equipment on a coating unit. Emissions of volatile organic compounds before control with such combination shall not exceed limits for surface coating of:
(1)	Metal parts and products as established in Table 6;

Table 6. Metal Parts and Products Volatile Organic Compounds Content Limits
Coating Category
                                   Air Dried
                                     Baked

                               lb VOC/gal solids
                               lb VOC/gal solids
General One Component; General Multi Component; Military Specification
                                     4.52
                                     3.35
Etching Filler; High Temperature; Metallic; Mold-Seal; Pan Backing; Pretreatment Coatings; Silicone Release; Drum Coating, New, Interior; Drum Coating, Reconditioned, Exterior; Vacuum-Metalizing
                                     6.67
                                     6.67
Extreme High-Gloss; Extreme Performance; Heat-Resistant; Solar-Absorbent
                                     6.67
                                     5.06
High Performance Architectural
                                     38.0
                                     38.0
Prefabricated Architectural Multi-Component
                                     6.67
                                     3.35
Prefabricated Architectural One-Component
                                     6.67
                                     3.35
Solar-Absorbent
                                     6.67
                                     5.06
Drum Coating, New, Exterior
                                     4.52
                                     4.52
Drum Coating, Reconditioned, Interior
                                     6.67
                                     9.78

(2)	plastic parts and products as established in Table 7;

Table 7. Plastic Parts and Products Volatile Organic Compounds Content Limits
Coating Category
                              lbs VOC/gal solids
General One Component
                                     3.35
General Multi Component; Metallic
                                     6.67
Electric Dissipating Coatings and Shock-Free Coatings Optical Coatings; Vacuum-Metalizing
                                     74.7
Extreme Performance
                                 6.67 (2-pack)
Military Specification
                                 4.52 (1 pack)
                                 6.67 (2 pack)
Mold-Seal
                                     43.7
Multi-colored Coatings
                                     25.3

(3)	automotive/transportation and business machine plastic parts as established in Table 8;

Table 8. Automotive/Transportation and Business Machine Plastic Parts Volatile Organic Compounds Content Limits
Coating Category
                              lbs VOC/gal solids
Automotive/Transportation Coatings
I. High Bake Coatings  -  Interior and Exterior Parts
Flexible Primer
                                     11.58
Non-flexible Primer; Non-basecoat/clear coat
                                     6.67
Base Coats
                                     10.34
Clear Coat
                                     8.76
II. Low Bake/Air Dried Coatings  -  Exterior Parts
Primers
                                     13.8
Basecoat; Non-basecoat/clearcoat
                                     15.59
Clearcoats:
                                     11.58
III. Low Bake/Air Dried Coatings  -  Interior Parts
                                     15.59
IV. Touchup and Repair Coatings
                                     17.72
Business Machine Coatings
Primers; Topcoat; Texture Coat; Touchup and repair
                                      4.8
Fog Coat
                                     3.14

(4)	pleasure craft surface coatings as established in Table 9.

Table 9. Pleasure Craft surface Coatings Volatile Organic Compounds Content Limits
Coating Category
                              lbs VOC/gal solids
Extreme High Gloss Topcoat
                                      9.2
High Gloss Topcoat; Finish Primer/Surfacer; All other pleasure craft surface coatings for metal or plastic
                                      6.7
Pretreatment Wash Primers
                                     55.6
Aluminum Substrate Antifoulant Coating
                                     12.8
High Build Primer Surfacer; Other Substrate Antifoulant Coating
                                      4.4

(f)  EPA Method 24 or 25A of Appendix A to 40 CFR Part 60 shall be used to determine the volatile organic compounds content of coating materials used at miscellaneous metal and plastic part coating facilities, unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer.
(g)  With the exception of motor vehicle materials coatings, any miscellaneous metal and plastic parts coatings operations facility may choose to use add-on control equipment with an overall control efficiency of 90 percent in lieu of using low-VOC coatings and specified application methods.
(h)  The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and 0958.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. September 1, 2010;
Readopted Eff. November 1, 2020.

15A NCAC 02D .0968	AUTOMOBILE AND LIGHT DUTY TRUCK ASSEMBLY COATINGS
(a)  For the purpose of this Rule, the following definitions apply:
(1)	"Automobile" means a motor vehicle designed to carry up to eight passengers, excluding vans, sport utility vehicles, and motor vehicles designed primarily to transport light loads of property.
(2)	"Automobile Topcoat Protocol" means Protocol For Determining The Daily Volatile Organic Compound Emission Rate Of Automobile and Light-duty Truck Topcoat Operations (EPA-453/R-08-002) or 40 CFR Part 60, Subpart MM, Standards of Performance for Automobile and Light-Duty Truck Surface Coating Operations. The protocol document can be obtained free of charge at https://www3.epa.gov/airquality/ctg_act/200809_voc_epa453_r-08-002_auto_ldtruck_vocemisrate_protocol.pdf.
(3)	"Electrodeposition" means a process of applying a protective, corrosion-resistant waterborne primer on exterior and interior surfaces that provides coverage of recessed areas. It is a dip coating method that uses an electrical field to apply or deposit the conductive coating onto the part. The object being painted acts as an electrode that is oppositely charged from the particles of paint in the dip tank.
(4)	"Final repair" means the operations performed and coating(s) applied to completely assembled motor vehicles or to parts that are not yet on a completely assembled vehicle to correct damage or imperfections in the coating.
(5)	"Light-duty truck" means vans, sport utility vehicles, and motor vehicles designed primarily to transport light loads of property with a gross vehicle weight rating of 8,500 pounds or less.
(6)	"Primer-surfacer" means an intermediate protective coating applied over the electrodeposition primer (EDP) and under the topcoat. Primer-surfacer provides adhesion, protection, and appearance properties to the total finish.
(7)	"Solids turnover ratio (RT)" means the ratio of total volume of coating solids that is added to the EDP system in a calendar month divided by the total volume design capacity of the EDP system.
(b)  This Rule applies to automobile and light-duty truck assembly coating operations and related cleaning activities whose emissions of volatile organic compounds meet the threshold established in 15A NCAC 02D .0902(b) at:
(1)	automobile or light-duty assembly plants during the vehicle assembly processes with the following primary coating product applications:
(A)	new automobile or new light-duty truck bodies, or body parts for new automobiles or new light-duty trucks;
(B)	other parts that are coated along with these bodies or body parts; or
(C)	additional coatings that include glass bonding primer, adhesives, cavity wax, sealer, deadener, gasket/gasket sealing material, underbody coating, trunk interior coating, bedliner, weatherstrip adhesive, and lubricating waxes/compounds; and
(2)	facilities that perform coating operations on a contractual basis other than plastic or composites molding facilities.
(c)  This Rule does not apply to:
(1)	aerosol coatings of automobile and light-truck assembly coatings;
(2)	coatings that are applied to other parts intended for use in new automobiles or new light-duty trucks, such as application of spray primer, color and clear coat to fascia or bumpers, on coating lines that are not related to the vehicle assembly process at automobile or light-duty assembly plants. Those coatings are regulated by 15A NCAC 02D .0964 and .0967; and
(3)	aftermarket repair or replacement parts for automobiles or light-duty trucks that are regulated by 15A NCAC 02D .0964 and .0967.
(d)  With the exception of materials supplied in containers with a net volume of 16 ounces or less, or a net weight of one pound or less, emissions of volatile organic compounds before control for:
(1)	automobile and light-duty truck assembly coatings shall not exceed limits established in Table 1.

Table 1. Volatile Organic Compounds emission limits for automobile and light-duty truck assembly coatings.
Assembly Coating Process
                   Volatile Organic Compounds Emission Limit
Electrodeposition primer (EDP)
operations, including application area,
spray/rinse stations, and curing oven
When solids turnover ratio RT >= 0.160;
When 0.040 <= RT < 0.160
When RT < 0.040;

0.7 lb/gal coatings solids applied.
0.084[0.160-R]T x 8.34 lb/gal coating solids applied.
No VOC emission limit.
Primer-surfacer operations, including
application area, flash-off area, and oven
12.0 lb VOC/gal deposited solids on a daily weighted average basis as determined by following the procedures in the Automobile Topcoat Protocol
Topcoat operations, including
application area, flash-off area, and
oven
12.0 lb VOC/gal deposited solids on a daily weighted average basis as determined by following the procedures in the Automobile Topcoat Protocol
Final repair operations
4.8 lb VOC/gallon of coating less water and less exempt solvents on a daily weighted average basis or as an occurrence weighted average.
Combined primer-surfacer and topcoat
operations
12.0 lb VOC/gal deposited solids on a daily weighted average basis as determined by following the procedures in the Automobile Topcoat Protocol

(2)	materials used at automobile and light-duty truck assembly coatings facilities shall not exceed limits established in Table 2.

Table 2. Volatile Organic Compounds emission limits for miscellaneous materials used at automobile and light-duty truck assembly coatings facilities.
Material
VOC Emission Limit (grams of VOC per liter of coating excluding water and exempt compounds, as applied)
Automobile and light-duty truck glass bonding primer
                                      900
Automobile and light-duty truck adhesive
                                      250
Automobile and light-duty truck cavity wax
                                      650
Automobile and light-duty truck sealer
                                      650
Automobile and light-duty truck deadener
                                      650
Automobile and light-duty truck gasket/gasket sealing material
                                      200
Automobile and light-duty truck underbody coating
                                      650
Automobile and light-duty truck trunk interior coating
                                      650
Automobile and light-duty truck bedliner
                                      200
Automobile and light-duty truck weatherstrip adhesive
                                      750
Automobile and light-duty truck lubricating wax/compound
                                      700

(e)  EPA Method 24 or 25A of Appendix A to 40 CFR Part 60 shall be used to determine the volatile organic compounds content of coatings, other than reactive adhesives used at automobile and light-duty truck coating facilities, unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer.
(f)  The emission limits established in Paragraph (d) of this Rule may be achieved with a combination of higher-solid solvent-borne coatings, efficient application equipment, and bake oven exhaust control.
(g)  The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. September 1, 2010;
Readopted Eff. November 1, 2020.

SECTION .1000 - MOTOR VEHICLE EMISSION CONTROL STANDARD

15A NCAC 02D .1001	PURPOSE
This Section sets forth motor vehicle emission control standards in areas where a motor vehicle inspection and maintenance program is implemented pursuant to State law.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3); 143-215.107(a)(6); 143-215.107(a)(7);
Eff. December 1, 1982;
Amended Eff. August 1, 2002;
Readopted Eff. July 1, 2018.

15a ncac 02d .1002	Applicability
(a)  Until the events described in Paragraph (b) of this Rule occur, 15A NCAC 02D .1002 through .1006 shall be applicable to all light-duty gasoline vehicles for model years 1996 or more recent model years, excluding vehicles from the three most recent model years with less than 70,000 miles on their odometers, and shall apply to all vehicles that are:
(1)	required to be registered by the North Carolina Division of Motor Vehicles in the counties identified in Paragraph (d) of this Rule;
(2)	part of a fleet primarily operated within the counties identified in Paragraph (d) of this Rule; or
(3)	otherwise required under G.S. 20-183.2(b)(5).
(b)  On the first day of the month that is 60 days after the Secretary of the Department of Environmental Quality certifies to the Revisor of Statutes that the United States Environmental Protection Agency has approved an amendment to the North Carolina State Implementation Plan, 15A NCAC 02D .1002 through .1006 shall apply to all light-duty gasoline vehicles that are a model year within 20 years of the current year, excluding vehicles from the three most recent model years with less than 70,000 miles on their odometers, and to all vehicles that are:
(1)	required to be registered by the North Carolina Division of Motor Vehicles in the counties identified in Paragraph (d) of this Rule;
(2)	part of a fleet primarily operated within the counties identified in Paragraph (d) of this Rule; or
(3)	otherwise required under G.S. 20-183.2(b)(5).
(c)  15A NCAC 02D .1002 through .1006 shall not apply to motorcycles, plug-in electric vehicles or fuel cell electric vehicles as specified in G.S. 20-183.2(b).
(d)  The emission control standards of this Section shall become effective in the counties identified in G.S. 143-215.107A.

History Note:	Authority G.S. 20-128.2(a); 20-183.2; 143-215.3(a)(1); 143-215.107(a)(3); 143-215.107(a)(6); 143-215.107(a)(7); 143-215.107A;
Eff. December 1, 1982;
Amended Eff. July 1, 1992; April 1, 1991;
Temporary Amendment Eff. January 1, 1993 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Amended Eff. January 1, 2014; August 1, 2002; July 1, 1994; July 1, 1993;
Readopted Eff. July 1, 2018.

15A NCAC 02D .1003	DEFINITIONS
The following definitions of terms apply to 15A NCAC 02D .1002 through .1006 regulating either gasoline-powered or hybrid-powered motor vehicles:
(1)	"Fuel Cell Electric Vehicle" means as defined in G.S. 20-4.01.
(2)	"Gasoline-powered Motor Vehicle" means a four-wheeled motor vehicle designed primarily to be propelled by the burning of gasoline in an internal combustion engine.
(3)	"Heavy-duty Gasoline Vehicle" means either a gasoline-powered or hybrid-powered motor vehicle which is designed primarily for:
(a)	transportation of property and has a Gross Vehicle Weight Rating (GVWR) of more than 8,500 pounds but less than 14,001 pounds;
(b)	transportation of persons and has a capacity of more than 12 persons; or
(c)	use as a recreational motor vehicle that is designed primarily to provide temporary or permanent living quarters for travel, camping, or other recreational use and has a GVWR of more than 8,500 pounds.
(4)	"Hybrid-powered Motor Vehicle" means a four-wheeled motor vehicle designed to be propelled by a combination of one or more electric motors and the burning of gasoline in an internal combustion engine.
(5)	"Light-duty Gasoline Vehicle" means either a gasoline-powered or hybrid-powered motor vehicle which is designed primarily for:
(a)	transportation of property and has a GVWR of 8,500 pounds or less; or
(b)	transportation of persons and has a capacity of 12 persons or less.
(6)	"Model year" means the year used to designate a discrete vehicle model, irrespective of the calendar year in which the vehicle was actually produced, provided that the production period does not exceed 24 months.
(7)	"Motorcycle" means as defined in G.S. 20-4.01.
(8)	"Motor Vehicle" means as defined in G.S. 20-4.01.
(9)	"Plug-in Electric Vehicle" means as defined in G.S. 20-4.01.
(10)	"Three most recent model years." For the purposes of 15A NCAC 02D .1002 through .1006, the term "three most recent model years" shall be calculated by adding three years to the vehicle's Vehicle Identification Number (VIN) or the registration card model year to determine the first calendar year an emissions inspection is required.
(11)	"Vendor" means any person who sells or leases equipment to inspection stations that is used to perform on-board diagnostic tests to show compliance with 15A NCAC 02D .1005.

History Note:	Authority G.S. 20-4.01; 143-215.3(a)(1);
Eff. December 1, 1982;
Amended Eff. February 1, 2014;
Readopted Eff. July 1, 2018.

15A NCAC 02D .1005	ON-BOARD DIAGNOSTIC STANDARDS
(a)  This Rule shall apply to vehicles as set forth in 15A NCAC 02D 1002.
(b)  Vehicles covered under this Rule shall pass annually the on-board diagnostic test described in 40 CFR 85.2222. The vehicle shall fail the on-board diagnostic test if any of the conditions of 40 CFR 85.2207 are met. Equipment used to perform on-board diagnostic tests shall meet the requirements of 40 CFR 85.2231.
(c)  The tester shall provide the owner of a vehicle that fails the on-board diagnostic test described in Paragraph (b) of this Rule a report of the test results. This report shall include the codes retrieved per 40 CFR 85.2223(a), the status of the malfunction indicator light illumination command, and the customer alert statement described in 40 CFR 85.2223(c).
(d)  Persons performing on-board diagnostic tests shall provide the Division of Air Quality the data required by 40 CFR 51.365, Data Collection; 40 CFR 51.366, Data Analysis and Reporting; and 40 CFR 51.358, Test Equipment.
(e)  Federal regulations cited in this Rule are incorporated by reference, including subsequent amendments and editions. All federal regulations referenced in this Rule can be accessed free of charge at http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

History Note:	Authority G.S. 20-128.2(a); 143-215.3(a)(1); 143-215.107(a)(6); 143-215.107(a)(7); 143-215.107A(b);
Eff. December 1, 1982;
Amended Eff. January 1, 2014; August 1, 2002; July 1, 1998; April 1, 1991; November 1, 1986;
Readopted Eff. July 1, 2018.

15A NCAC 02D .1006	SALE AND SERVICE OF ANALYZERS
(a)  Requirements. A vendor shall not sell or lease equipment unless it meets the requirements of 40 CFR 85.2231 Onboard Diagnostic Test Equipment Requirements, and has the software necessary to record and transmit the data required by the Division of Motor Vehicles and the Division of Air Quality to determine compliance with the inspection and maintenance program requirements of this Section.
(b)  Hardware repair. When equipment hardware fails to meet the requirements of Paragraph (a) of this Rule for a particular analyzer, the vendor, after receiving a call from an inspection station to its respective service call center, shall communicate with the affected station within 24 hours and:
(1)	If the hardware problem is stopping 20 percent or more inspections for a particular analyzer or is compromising the security of the inspection system, the vendor shall repair the problem within 48 hours after the initial call to its respective service call center.
(2)	If the hardware problem is stopping less than 20 percent of all inspections for a particular analyzer and is not compromising the security of the inspection system, the vendor shall repair the problem within 72 hours after the initial call to its respective service call center.
(3)	If the hardware problem is not stopping inspections and is not compromising the security of the inspection system, the vendor shall repair the problem within 96 hours after the initial call to its respective service call center.
(c)  Software repair revisions. If analyzer software fails to meet the requirements of Paragraph (a) of this Rule, the vendor, after receiving a call from an inspection station to its respective service call center, shall communicate with the station within 24 hours. The vendor shall identify and characterize the software problem within five days. The vendor shall, within that same five-day period, inform the station owner and the Division as to the nature of the problem and the proposed corrective course of action; and:
(1)	If the software problem is stopping 20 percent or more inspections for a particular analyzer or is compromising the security of the inspection system, the vendor shall submit a new revision of the software to the Division for approval within 19 days after receiving the initial call to its service call center.
(2)	If the software problem is stopping less than 20 percent of all inspections for a particular analyzer and is not compromising the security of the inspection system, the vendor shall submit a new revision of the software to the Division for approval within 33 days after receiving the initial call to its service call center.
(3)	The vendor shall distribute the new revision of the software to all affected stations within 14 days after the vendor receives written notification from the Division that the software has been approved as meeting the requirements of Paragraph (a) of this Rule.
(d)  Documentation of the initial service call. The vendor's service call center shall assign a unique service response number to every reported new hardware or software problem. The time and date of the initial call shall be recorded and identified with the service response number. The service response number shall be communicated to the inspection station operator at the time of the initial contact.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(6),(14);
Eff. January 1, 2007;
Amended Eff. January 1, 2014;
Readopted Eff. July 1, 2018.

15A NCAC 02D .1008	Heavy Duty Diesel Engine Requirements
(a)  Definitions. For the purposes of this Rule, the following definitions apply:
(1)	"Heavy duty diesel engine," means any diesel engine used in a vehicle with a gross vehicle weight rating of 14,001 pounds and greater.
(2)	"Model year" means model year as defined in 40 CFR Section 85.2302.
(b)  Requirement. No model year 2005 or 2006 heavy duty diesel engine may be sold, leased, or registered within North Carolina unless it has been certified by the California Air Resources Board as meeting the requirements of Title 13 of the California Code of Regulations, Section 1956.8.
(c)  Referenced Regulation. Title 13, Section 1956.8 of the California Code of Regulation is incorporated by reference, including subsequent amendments and editions. A copy of Title 13 of the California Code of Regulations, Section 1956.8, may be obtained free of charge via the internet from the Office of Administrative Law California Code of Regulations website at http://ccr.oal.ca.gov/, or a hard copy may be obtained at a cost of five dollars ($5.00) from the Public Information Office, California Air Resources Board, P.O. Box 2815, Sacramento, CA, 95812.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(6)-(7);
Eff. December 31, 2001 by Exec. Order No. 15;
Amended Eff. July 18, 2002;
Readopted Eff. July 1, 2018.

SECTION .1100 - CONTROL OF TOXIC AIR POLLUTANTS

15A NCAC 02D .1101	PURPOSE
This Section sets forth the rules for the control of toxic air pollutants to protect human health.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(1),(3),(4),(5); 143B-282; S.L. 1989, c. 168, s. 45;
Eff. May 1, 1990;
Readopted Eff. July 1, 2018.

15A NCAC 02D .1102	APPLICABILITY
(a)  15A NCAC 02D .1103 through .1108 apply to all facilities that emit a toxic air pollutant that are required to have a permit pursuant to 15A NCAC 02Q .0700. All other rules in this Section apply as specified therein.
(b)  Sources at facilities subject to this Section shall comply with the requirements of this Section as well as with all applicable requirements in 15A NCAC 02D .0500, .0900, and .1200 with such exceptions as may be allowed pursuant to 15A NCAC 02Q .0700.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(1),(3),(4),(5); 143B-282; S.L. 1989, c. 168, s. 45;
Eff. May 1, 1990;
Amended Eff. July 1, 1998; December 1, 1991;
Readopted Eff. July 1, 2018.

15A NCAC 02d .1103	DEFINITION
For the purpose of this Section, the following definitions apply:
(1)	"Asbestos" means asbestos fibers as defined in 40 CFR 61.141.
(2)	"Bioavailable chromate pigments" means the group of chromium (VI) compounds consisting of calcium chromate (CAS No.13765-19-0), calcium dichromate (CAS No. 14307-33-6), strontium chromate (CAS No. 7789-06-2), strontium dichromate (CAS No. 7789-06-2), zinc chromate (CAS No. 13530-65-9), and zinc dichromate (CAS No. 7789-12-0).
(3)	"CAS Number" means the Chemical Abstract Service registry number identifying a particular substance.
(4)	"Chromium (VI) equivalent" means the molecular weight ratio of the chromium (VI) portion of a compound to the total molecular weight of the compound multiplied by the associated compound emission rate or concentration at the facility.
(5)	"Non-specific chromium (VI) compounds" means the group of compounds consisting of any chromium (VI) compounds not specified in this Section as a bioavailable chromate pigment or a soluble chromate compound.
(6)	"Cresol" means o-cresol, p-cresol, m-cresol or any combination of these compounds.
(7)	"GACT" means any generally available control technology emission standard applied to an area source or facility pursuant to Section 112 of the federal Clean Air Act.
(8)	"Hexane isomers except n-hexane" means 2-methyl pentane, 3-methyl pentane, 2,2-dimethyl butane, 2,3-dimethyl butane, or any combination of these compounds.
(9)	"MACT" means any maximum achievable control technology emission standard applied to a source or facility pursuant to Section 112 of the federal Clean Air Act.
(10)	"Nickel, soluble compounds" means the soluble nickel salts of chloride (NiCl2, CAS No. 7718-54-9), sulfate (NiSO4, CAS No. 7786-81-4), and nitrate (Ni(NO3)2, CAS No. 13138-45-9).
(11)	"Polychlorinated biphenyls" means any chlorinated biphenyl compound or mixture of chlorinated biphenyl compounds.
(12)	"Soluble chromate compounds" means the group of chromium (VI) compounds consisting of ammonium chromate (CAS No. 7788-98-9), ammonium dichromate (CAS No. 7789-09-5), chromic acid (CAS No. 7738-94-5), potassium chromate (CAS No. 7789-00-6), potassium dichromate (CAS No. 7778-50-9), sodium chromate (CAS No. 7775-11-3), and sodium dichromate (CAS No. 10588-01-9).
(13)	"Toxic air pollutant" means any of those carcinogens, chronic toxicants, acute systemic toxicants, or acute irritants listed in 15A NCAC 02D .1104.

History Note:	Authority G.S. 143-213; 143-215.3(a)(1); 143B-282; S.L. 1989, c. 168, s. 45;
Eff. May 1, 1990;
Amended Eff. April 1, 2001; July 1, 1998;
Readopted Eff. July 1, 2018.

15A NCAC 02D .1104	TOXIC AIR POLLUTANT GUIDELINES
A facility shall not emit any of the following toxic air pollutants in such quantities that may cause or contribute beyond the facility's premises to any significant ambient air concentration that may adversely affect human health, except as allowed pursuant to 15A NCAC 02Q .0700. In determining these significant ambient air concentrations, the Division shall be governed by the following list of acceptable ambient levels in milligrams per cubic meter at 77 F (25 C) and 29.92 inches (760 mm) of mercury pressure, except for asbestos:

Acceptable Ambient Levels (AAL) in Milligrams per Cubic Meter (mg/m[3]) Except Where Noted

Pollutant (CAS Number)

Annual (Carcinogens)

24-hour
(Chronic Toxicants)

1-hour
(Acute Systemic Toxicants)

1-hour
(Acute Irritants)

 acetaldehyde (75-07-0)

27
 acetic acid (64-19-7)

3.7
 acrolein (107-02-8)

0.08
 acrylonitrile (107-13-1)

0.03
1

 ammonia (7664-41-7)

2.7
 aniline (62-53-3)

1

 arsenic and inorganic arsenic compounds
2.1 x 10-6

 asbestos (1332-21-4)
2.8 x 10[-6] fibers/ml

 aziridine (151-56-4)

0.006

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

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

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

 benzyl chloride (100-44-7)

0.5

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

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

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

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

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

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

 bromine (7726-95-6)

0.2
 1,3-butadiene (106-99-0)
4.4 x 10[-4]

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

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

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

 carbon disulfide (75-15-0)

0.186

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

 chlorine (7782-50-5)

0.0375

0.9
 chlorobenzene (108-90-7)

2.2

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

 chloroprene (126-99-8)

0.44
3.5

 cresol (1319-77-3)

2.2

 p-dichlorobenzene (106-46-7)

66
 di(2-ethylhexyl)phthalate (117-81-7)

0.03

 dimethyl sulfate (77-78-1)

0.003

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

0.56

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

 ethyl acetate (141-78-6)

140

 ethylenediamine (107-15-3)

0.3
2.5

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

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

 ethylene glycol monoethyl ether
(110-80-5)

0.12
1.9

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

 ethyl mercaptan (75-08-1)

0.1

 fluorides

0.016
0.25

 formaldehyde (50-00-0)

0.15
 hexachlorocyclopentadiene (77-47-4)

0.0006
0.01

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

 n-hexane (110-54-3)

1.1

 hexane isomers except n-hexane

360
 hydrazine (302-01-2)

0.0006

 hydrogen chloride (7647-01-0)

0.7
 hydrogen cyanide (74-90-8)

0.14
1.1

 hydrogen fluoride (7664-39-3)

0.03

0.25
 hydrogen sulfide (7783-06-4)

0.12

 maleic anhydride (108-31-6)

0.012
0.1

 manganese and compounds

0.031

 manganese cyclopentadienyl tricarbonyl (12079-65-1)

0.0006

 manganese tetroxide (1317-35-7)

0.0062

 mercury, alkyl

0.00006

 mercury, aryl and inorganic compounds

0.0006

 mercury, vapor (7439-97-6)

0.0006

 methyl bromide (74-83-9)
0.005[a]
1.0

 methyl chloroform (71-55-6)

12

245
 methylene chloride (75-09-2)
2.4 x 10[-2]

1.7

 methyl ethyl ketone (78-93-3)

3.7

88.5
 methyl isobutyl ketone (108-10-1)

2.56

30
 methyl mercaptan (74-93-1)

0.05

 nickel carbonyl (13463-39-3)

0.0006

 nickel metal (7440-02-0)

0.006

 nickel, soluble compounds, as nickel

0.0006

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

 nitric acid (7697-37-2)

1
 nitrobenzene (98-95-3)

0.06
0.5

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

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

 pentachlorophenol (87-86-5)

0.003
0.025

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

 phenol (108-95-2)

0.95

 phosgene (75-44-5)

0.0025

 phosphine (7803-51-2)

0.13
 polychlorinated biphenyls
(1336-36-3)
8.3 x 10[-5]

 soluble chromate compounds, as chromium (VI) equivalent

6.2 x 10[-4]

 styrene (100-42-5)

10.6

 sulfuric acid (7664-93-9)

0.012
0.1

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

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

 toluene (108-88-3)

4.7

56
 toluene diisocyanate, 2,4- (584-84-9) and 2,6- (91-08-7) isomers

0.0002

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

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

 vinylidene chloride (75-35-4)

0.12

 xylene (1330-20-7)

2.7

65
[a] This compound has not been defined as a carcinogen.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3); 143-215.107(a)(4); 143-215.107(a)(5); 143B-282;
Eff. May 1, 1990;
Amended Eff. September 1, 1992; March 1, 1992;
Temporary Amendment Eff. July 20, 1997;
Amended Eff. July 7, 2014; May 1, 2014; March 1, 2010; June 1, 2008; April 1, 2005; April 1, 2001; July 1, 1998;
Readopted Eff. July 1, 2018;
Amended Eff. November 1, 2020.

15A NCAC 02D .1105	FACILITY REPORTING, RECORDKEEPING
The Director may require, pursuant to 15A NCAC 02D .0600, the owner or operator of a source subject to this Section to monitor emissions of toxic air pollutants, to maintain records of these emissions, and to report these emissions. The owner or operator of any toxic air pollutant emission source subject to the requirements of this Section shall comply with the monitoring, recordkeeping, and reporting requirements in 15A NCAC 02D .0600.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5); 143B-282;
Eff. May 1, 1990;
Amended Eff. April 1, 1999; October 1, 1991;
Readopted Eff. July 1, 2018.

15A NCAC 02D .1106	DETERMINATION OF AMBIENT AIR CONCENTRATION
(a)  Modeling shall not be used for enforcement. Modeling shall be used to determine process operational and air pollution control parameters and emission rates for toxic air pollutants to place in the air quality permit for that facility that will prevent any of the acceptable ambient levels in 15A NCAC 02D .1104 from being exceeded, except as allowed pursuant to 15A NCAC 2Q .0700. Enforcing these permit stipulations and conditions shall be the mechanism used to ensure that the requirements of 15A NCAC 02D .1104, except as allowed by 15A NCAC 2Q .0700, are met.
(b)  The owner or operator of the facility may provide a modeling analysis or may request the Division to perform a modeling analysis of the facility. If the owner or operator of the facility requests the Division to perform the modeling analysis, the owner or operator shall provide emissions rates, stack parameters, and other information that the Division needs to conduct the modeling. The data that the owner or operator of the facility provides the Division to use in the model or in deriving the data used in the model shall be the process, operational, and air pollution control equipment parameters and emission rates that will be contained in the facility's permit. If the Division's initial review of the modeling request indicates extensive or inappropriate use of state resources, or if the Division's modeling analysis fails to show compliance with the acceptable ambient levels in 15A NCAC 02D .1104, the modeling demonstration shall become the responsibility of the owner or operator of the facility.
(c)  When the owner or operator of the facility is responsible for providing the modeling demonstration and the data used in the modeling, the owner or operator of the facility shall use in the model or in deriving data used in the model the process operational and air pollution control equipment parameters and emission rates that will be contained in his or her permit. Sources that are not required to be included in the model shall not be included in the permit to emit toxic air pollutants.
(d)  For the following pollutants, modeled emission rates shall be based on the highest emissions occurring in any 15-minute period. The resultant modeled one-hour concentrations shall then be compared to the applicable one-hour acceptable ambient levels to determine compliance:
(1)	acetaldehyde (75-07-0);
(2)	acetic acid (64-19-7);
(3)	acrolein (107-02-8);
(4)	ammonia (7664-41-7);
(5)	bromine (7726-95-6);
(6)	chlorine (7782-50-5);
(7)	formaldehyde (50-00-0);
(8)	hydrogen chloride (7647-01-0);
(9)	hydrogen fluoride (7664-39-3); and
(10)	nitric acid (7697-37-2).
(e)  The owner or operator of the facility and the Division may use any model allowed by 40 CFR Part 51, Appendix W, if the model is appropriate for the facility being modeled. The owner or operator or the Division may use a model other than one allowed by 40 CFR Part 51, Appendix W if the model is equivalent to the model allowed by 40 CFR Part 51, Appendix W.
(f)  Ambient air concentrations shall be evaluated for annual periods over a calendar year, for 24-hour periods from midnight to midnight, and for one-hour periods beginning on the hour.
(g)  The owner or operator of the facility shall identify each toxic air pollutant emitted and its corresponding emission rate using mass balancing analysis, source testing, or other methods that provides an equivalently accurate estimate of the emission rate.
(h)  The owner or operator of the facility shall either submit a modeling plan prior to submitting modeling or submit a model protocol checklist with modeling to the Director. The modeling plan or protocol checklist shall include:
(1)	a diagram of the plant site, including locations of all stacks and associated buildings;
(2)	on-site building dimensions;
(3)	a diagram showing property boundaries, including a scale, key, and north indicator;
(4)	the location of the site on a United States Geological Survey (USGS) map;
(5)	discussion of good engineering stack height and building wake effects for each stack;
(6)	discussion of cavity calculations, impact on rolling and complex terrain, building wake effects, and urban or rural considerations;
(7)	discussion of reasons for model selection;
(8)	discussion of meteorological data to be used;
(9)	discussion of sources emitting the pollutant that are not to be included in the model with an explanation of why they are being excluded, including why the source will not affect the modeling analysis; and
(10)	any other pertinent information.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(5); 143B-282; S.L. 1989, c. 168, s. 45;
Eff. May 1, 1990;
Amended Eff. July 1, 1998;
Readopted Eff. July 1, 2018.

15A NCAC 02D .1107	MULTIPLE FACILITIES
(a)  If an acceptable ambient level in 15A NCAC 02D .1104 is exceeded because of emissions of two or more facilities and if public exposure is such that human health may be adversely affected, the Commission shall require the subject facilities to apply additional controls or to otherwise reduce emissions. In considering whether human health may be adversely affected, the Commission shall consider one or more of the following:
(1)	an emission inventory;
(2)	ambient monitoring;
(3)	modeling; or
(4)	an epidemiological study.
(b)  The allocation to the facilities of additional controls or reductions shall be based on their relative contributions to the pollutant concentrations unless the owners or operators agree otherwise.
(c)  The owner or operator of a facility shall not be required to conduct the multi-facility ambient impact analysis described in Paragraph (a) of this Rule. This type of analysis shall be done by the Division. In performing its analysis, the Division shall:
(1)	develop a modeling plan that includes the elements set out in 15A NCAC 02D .1106(h);
(2)	use for the source modeling parameters:
(A)	the modeling parameters used by the owner or operator of the source in his or her modeling demonstration; or
(B)	parameters contained in or derived from data contained in the source's permit if a modeling demonstration has not been done or if a needed parameter has not been used in the modeling demonstration;
(3)	use a model allowed by 15A NCAC 02D .1106(e);
(4)	use the time periods required by 15A NCAC 02D .1106(f); and
(5)	only consider impacts of a facility's emissions beyond the premises of that facility.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(5); 143B-282;
Eff. May 1, 1990;
Amended Eff. July 1, 1998;
Readopted Eff. July 1, 2018.

15A NCAC 02D .1108	MULTIPLE POLLUTANTS
If the Commission has evidence that two or more toxic air pollutants being emitted from a facility or combination of facilities act in the same way to affect human health so that their effects may be additive or enhanced and that public exposure is such that human health may be adversely affected, then the Commission shall consider developing acceptable ambient levels for the combination of toxic air pollutants or other appropriate control measures.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(5); 143B-282;
Eff. May 1, 1990;
Readopted Eff. July 1, 2018.

15a ncac 02d .1109	112(j) CASE-BY-CASE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY
(a)  Applicability. This Rule shall apply only to sources of hazardous air pollutants required to have a permit pursuant to 15A NCAC 02Q .0500 and as described in 40 CFR 63.50. This Rule does not apply to research or laboratory activities as defined in Paragraph (b) of this Rule.
(b)  Definitions. For the purposes of this Rule, the definitions in 40 CFR 63.2, 63.51, 15A NCAC 02Q .0526, and the following apply:
(1)	"Affected source" means the collection of equipment, activities, or both within a single contiguous area and under common control that is in a Section 112(c) source category or subcategory for which the Administrator has failed to promulgate an emission standard by the Section 112(j) deadline, and that is addressed by an applicable MACT emission limitation established pursuant to 40 CFR Part 63 Subpart B.
(2)	"Control technology" means measures, processes, methods, systems, or techniques to limit the emission of hazardous air pollutants including measures that:
(A)	reduce the quantity or eliminate the emissions of such pollutants through process changes, substitution of materials, or other modifications;
(B)	enclose systems or processes to eliminate emissions;
(C)	collect, capture, or treat such pollutants when released from a process, stack, storage, or fugitive emission point;
(D)	are design, equipment, work practice, or operational standards, including requirements for operator training or certification, as provided in 42 USC 7412(h); or
(E)	are a combination of Parts (A) through (D) of this definition.
(3)	"EPA" means the United States Environmental Protection Agency or its Administrator.
(4)	"Hazardous air pollutant" means any pollutant listed pursuant to Section 112(b) of the federal Clean Air Act.
(5)	"MACT" means maximum achievable control technology.
(6)	"Maximum achievable control technology" means:
(A)	for existing sources,
(i)	a MACT standard that EPA has proposed or promulgated for a particular category of facility or source;
(ii)	the average emission limitation achieved by the best performing 12 percent of the existing facilities or sources for which EPA has emissions information if the particular category of source contains 30 or more sources; or
(iii)	the average emission limitation achieved by the best performing five facilities or sources for which EPA has emissions information if the particular category of source contains fewer than 30 sources; or
(B)	for new sources, the maximum degree of reduction in emissions that is deemed achievable but not less stringent than the emission control that is achieved in practice by the best controlled similar source.
(7)	"MACT floor" means:
(A)	for existing sources:
(i)	the average emission limitation achieved by the best performing 12 percent of the existing sources for which EPA has emissions information, excluding those sources that have, within 18 months before the emission standard is proposed or within 30 months before such standard is promulgated, whichever is later, first achieved a level of emission rate or emission reduction that complies, or would comply if the source is not subject to such standard, with the lowest achievable emission rate, as defined in Section 171 of the federal Clean Air Act, applicable to the source category or subcategory for categories and subcategories with 30 or more sources; or
(ii)	the average emission limitation achieved by the best performing five sources for which EPA has emissions or could reasonably obtain emissions information in the category or subcategory for categories or subcategories with fewer than 30 sources;
(B)	for new sources, the emission limitation achieved in practice by the best controlled similar source.
(8)	"New affected source" means a collection of equipment, activities, or both that was constructed after the issuance of a Section 112(j) permit for the source pursuant to 40 CFR 63.52 and is subject to the applicable MACT emission limitation for new sources. Each permit shall define the term "new affected source" that will be the same as the "affected source" unless a different collection is warranted based on consideration of factors including:
(A)	the emission reduction impacts of controlling individual sources versus groups of sources;
(B)	the cost effectiveness of controlling individual equipment;
(C)	the flexibility to accommodate common control strategies;
(D)	the cost and benefits of emissions averaging;
(E)	the incentives for pollution prevention;
(F)	the feasibility and cost of controlling processes that share common equipment such as product recovery devices; and
(G)	the feasibility and cost of monitoring.
(9)	"New facility" means a facility for which construction is commenced after the Section 112(j) deadline or after the proposal of a relevant standard pursuant to Section 112(d) or (h) of the Federal Clean Air Act, whichever comes first.
(10)	"Research or laboratory activities" means activities whose primary purpose is to conduct research and development into new processes and products if the activities are operated under the supervision of technically trained personnel and are not engaged in the manufacture of products for commercial sale in commerce, except in a de minimis manner, and if the source is not in a source category specifically addressing research or laboratory activities that is listed pursuant to Section 112(c)(7) of the Clean Air Act.
(11)	"Section 112(j) deadline" means the date 18 months after the date for which a relevant standard is scheduled to be promulgated pursuant to 40 CFR Part 63, except that for all major sources listed in the source category schedule for which a relevant standard is scheduled to be promulgated by November 15, 1994, the Section 112(j) deadline is November 15, 1996, and for all major sources listed in the source category schedule for which a relevant standard is scheduled to be promulgated by November 15, 1997, the Section 112(j) deadline is December 15, 1999.
(12)	"Similar source" means that equipment or collection of equipment that, by virtue of its structure, operability, type of emissions, and volume and concentration of emissions, is substantially equivalent to the new affected source and employs control technology for control of emissions of hazardous air pollutants that is practical for use on the new affected source.
(c)  Missed promulgation dates: 112(j). If EPA fails to promulgate a standard for a category of source pursuant to Section 112 of the Federal Clean Air Act by the date established pursuant to Sections 112(e)(1) or (3) of the federal Clean Air Act, the owner or operator of any source in such category shall submit, within 18 months after such date, a permit application, in accordance with the procedures in 15A NCAC 02Q .0526, to the Director and to EPA to apply MACT to such sources. Sources subject to this Paragraph shall be in compliance with this Rule within three years after the date that the permit is issued.
(d)  New facilities. The owner or operator of any new facility that is a major source of hazardous air pollutants (HAP) that is subject to this Rule shall apply MACT in accordance with the provisions of 15A NCAC 02D .1112, 15A NCAC 02Q .0528, and .0526(e)(2).
(e)  Case-by-case MACT determination. The Director shall determine MACT according to 40 CFR 63.55(a).
(f)  Monitoring and recordkeeping. The owner or operator of a source subject to this Rule shall install, operate, and maintain monitoring capable of detecting deviations from each applicable emission limitation or other standards with sufficient reliability and timeliness to determine continuous compliance over the applicable reporting period. Such monitoring data may be used as a basis for enforcing emissions limitations established pursuant to this Rule.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5),(10);
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. February 1, 2004; July 1, 1998; July 1, 1996;
Readopted Eff. July 1, 2018.

15A NCAC 02D .1110	NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
(a)  With the exception of Paragraph (b) of this Rule, sources subject to national emission standards for hazardous air pollutants promulgated in 40 CFR Part 61 shall comply with emission standards, monitoring and reporting requirements, maintenance requirements, notification and record keeping requirements, performance test requirements, test method and procedural provisions, and all other provisions, as required therein, rather than with any otherwise-applicable Rule in 15A NCAC 02D .0500 that would be in conflict therewith.
(b)  Along with the notice appearing in the North Carolina Register for a public hearing to amend this Rule to exclude a standard from this Rule, the Director shall state whether or not the national emission standards for hazardous air pollutants promulgated in 40 CFR Part 61, or part thereof, will be enforced. If the Commission does not adopt the amendment to this Rule to exclude or amend the standard within 12 months after the close of the comment period on the proposed amendment, the Director shall begin enforcing that standard when 12 months has elapsed after the end of the comment period on the proposed amendment.
(c)  All requests, reports, applications, submittals, and other communications to the administrator required under Paragraph (a) of this Rule shall be submitted to the Director of the Division of Air Quality rather than to the Environmental Protection Agency; except that all such reports, applications, submittals, and other communications to the administrator required by 40 CFR 61.145 shall be submitted to the Director, Division of Epidemiology.
(d)  In the application of this Rule, definitions contained in 40 CFR Part 61 shall apply rather than those in 15A NCAC 02D .0100.
(e)  15A NCAC 02Q .0102 shall not be applicable to any source to which this Rule applies. The owner or operator of the source shall apply for and receive a permit if required pursuant to 15A NCAC 02Q .0300 or .0500.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 150B-21.6;
Eff. July 1, 1996;
Amended Eff. June 1, 2008; July 1, 1997;
Readopted Eff. July 1, 2018.

15A NCAC 02D .1111	MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY
(a)  With the exception of Paragraph (b) or (c) of this Rule, sources subject to national emission standards for hazardous air pollutants for source categories promulgated in 40 CFR Part 63 shall comply with emission standards, monitoring and reporting requirements, maintenance requirements, notification and record keeping requirements, performance test requirements, test method and procedural provisions, and other provisions, as required therein, rather than with any otherwise-applicable rule in 15A NCAC 02D .0500 which would be in conflict therewith.
(b)  This Rule shall not apply to:
(1)	the approval of state programs and delegation of federal authorities (40 CFR 63.90 to 63.96, Subpart E); and
(2)	the requirements for control technology determined for major sources in accordance with Clean Air Act Sections 112(g) and 112(j) (40 CFR 63.50 to 63.57, Subpart B).
(c)  Along with the notice appearing in the North Carolina Register for a public hearing to amend this Rule to exclude a standard from this Rule, the Director shall state whether or not the national emission standard for hazardous air pollutants for source categories promulgated in 40 CFR Part 63, or part thereof, will be enforced. If the Commission does not adopt the amendment to this Rule to exclude or amend the standard within 12 months after the close of the comment period on the proposed amendment, the Director shall begin enforcing that standard when 12 months has elapsed after the end of the comment period on the proposed amendment.
(d)  All requests, reports, applications, submittals, and other communications to the administrator required pursuant to Paragraph (a) of this Rule shall be submitted to the Director of the Division of Air Quality rather than to the Environmental Protection Agency; except that all such reports, applications, submittals, and other communications to the administrator required by 40 CFR Part 63, Subpart M for dry cleaners covered by Chapter 143, Article 21A, Part 6 of the General Statutes shall be submitted to the Director of the Division of Waste Management.
(e)  In the application of this Rule, definitions contained in 40 CFR Part 63 shall apply rather than those of Section .0100 of this Subchapter when conflict exists.
(f)  15A NCAC 02Q .0102 shall not be applicable to any source to which this Rule applies if the source is required to be permitted pursuant to 15A NCAC 02Q .0500, Title V Procedures. The owner or operator of the source shall apply for and receive a permit if required pursuant to 15A NCAC 02Q .0300 or .0500. Sources that have heretofore been exempted from permit requirements and have become subject to requirements promulgated in 40 CFR 63 shall apply for a permit in accordance to 15A NCAC 02Q .0109.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 150B-21.6;
Eff. July 1, 1996;
Amended Eff. January 1, 2007; April 1, 1997;
Readopted Eff. July 1, 2018.

15A NCAC 02D .1112	112(G) CASE BY CASE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY
(a)  Applicability. This Rule applies to the construction or reconstruction of major sources of hazardous air pollutants unless:
(1)	the major source has been regulated or exempted from regulation pursuant to:
(A)	15A NCAC 02D .1109 or .1111; or
(B)	a standard issued pursuant to Section 112(d), 112(h), or 112(j) of the federal Clean Air Act and incorporated in another Subpart of 40 CFR Part 63; or
(2)	the owner or operator of the major source has received all necessary air quality permits for the construction or reconstruction project before July 1, 1998.
(b)  Exclusions. The requirements of this Rule shall not apply to:
(1)	electric utility steam generating units unless and until such time as these units are added to the source category list pursuant to Section 112(c)(5) of the federal Clean Air Act;
(2)	stationary sources that are within a source category that has been deleted from the source category list pursuant to Section 112(c)(9) of the federal Clean Air Act; or
(3)	research and development activities.
(c)  Definitions. For the purposes of this Rule, the following definitions apply:
(1)	"Affected source" means the stationary source or group of stationary sources that, when fabricated on site, erected, or installed meets the definition of "construct a major source" or the definition of "reconstruct a major source" contained in this Paragraph.
(2)	"Affected States" means all States or local air pollution agencies whose areas of jurisdiction are:
(A)	contiguous to North Carolina and located less than D=Q/12.5 from the facility, where:
(i)	Q = emissions of the pollutant emitted at the highest permitted rate in tons per year; and
(ii)	D = distance from the facility to the contiguous state or local air pollution control agency in miles; or
(B)	within 50 miles of the permitted facility.
(3)	"Available information" means, for purposes of identifying control technology options for the affected source, information contained in the following information sources as of the date of approval of the MACT determination by the Division:
(A)	a relevant proposed regulation, including all supporting information;
(B)	background information documents for a draft or proposed regulation;
(C)	data and information available from the Control Technology Center developed pursuant to Section 113 of the federal Clean Air Act;
(D)	data and information contained in the Aerometric Informational Retrieval System including information in the MACT data base;
(E)	additional information that can be expeditiously provided by the Division and EPA; and
(F)	for the purpose of determinations by the Division, additional information provided by the applicant or others and additional information available to the Division.
(4)	"Construct a major source" means:
(A)	To fabricate, erect, or install at any greenfield site a stationary source or group of stationary sources that is located within a contiguous area and under common control and that emits or has the potential to emit 10 tons per year of any HAP's or 25 tons per year of any combination of HAP; or
(B)	To fabricate, erect, or install at any developed site a new process or production unit that in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP, unless the process or production unit satisfies Subparts (i) through (vi) of this Paragraph:
(i)	all HAP emitted by the process or production unit that would otherwise be subject to the requirements of this Rule will be controlled by emission control equipment that was previously installed at the same site as the process or production unit;
(ii)	the Division:
(I)	has determined within a period of five years prior to the fabrication, erection, or installation of the process or production unit that the existing emission control equipment represented best available control technology (BACT) pursuant to 15A NCAC 02D .0530 or lowest achievable emission rate (LAER) pursuant to15A NCAC 02D .0531 for the category of pollutants that includes those HAP's to be emitted by the process or production unit; or
(II)	determines that the control of HAP emissions provided by the existing equipment will be equivalent to that level of control currently achieved by other well-controlled similar sources (i.e., equivalent to the level of control that would be provided by a current BACT, LAER, or MACT determination pursuant to 15A NCAC 02D .1109);
(iii)	the Division determines that the percent control efficiency for emissions of HAP from all sources to be controlled by the existing control equipment will be equivalent to the percent control efficiency provided by the control equipment prior to the inclusion of the new process or production unit;
(iv)	the Division has provided notice and an opportunity for public comment concerning its determination that criteria in Subparts (i), (ii), and (iii) of this Subparagraph apply and concerning the continued adequacy of any prior LAER, BACT, or MACT determination pursuant to 15A NCAC 02D .1109;
(v)	if any commenter has asserted that a prior LAER, BACT, or MACT determination pursuant to 15A NCAC 02D .1109 is no longer adequate, the Division has determined that the level of control required by that prior determination remains adequate; and
(vi)	any emission limitations, work practice requirements, or other terms and conditions upon which the above determinations by the Division are predicated will be construed by the Division as applicable requirements pursuant to Section 504(a) of the federal Clean Air Act and either have been incorporated into an existing permit issued pursuant to 15A NCAC 02Q .0500 for the affected facility or will be incorporated into such a permit upon issuance.
(5)	"Control technology" means measures, processes, methods, systems, or techniques to limit the emission of hazardous air pollutants, including measures that:
(A)	reduce the quantity of, or eliminate emissions of, such pollutants through process changes, substitution of materials, or other modifications;
(B)	enclose systems or processes to eliminate emissions;
(C)	collect, capture, or treat such pollutants when released from a process, stack, storage, or fugitive emissions point;
(D)	are design, equipment, work practice, or operational standards, including requirements for operator training or certification, as provided in 42 U.S.C. 7412(h); or
(E)	are a combination of Parts (A) through (D) of this definition.
(6)	"Electric utility steam generating unit" means any fossil fuel-fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale. A unit that co-generates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 megawatts electric output to any utility power distribution system for sale shall be considered an electric utility steam generating unit.
(7)	"Greenfield site" means a contiguous area under common control that is an undeveloped site.
(8)	"HAP" means hazardous air pollutants.
(9)	"Hazardous air pollutant" means any pollutant listed pursuant to Section 112(b) of the federal Clean Air Act.
(10)	"List of source categories" means the source category list required by Section 112(c) of the federal Clean Air Act.
(11)	"MACT" means maximum achievable control technology.
(12)	"Maximum achievable control technology emission limitation for new sources" means the emission limitation that is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and that reflects the maximum degree of reduction in emissions that the permitting authority determines is achievable by the constructed or reconstructed source, taking into consideration the cost of achieving such emission reduction, non-air quality health and environmental impacts, and energy requirements.
(13)	"Process or production unit" means any collection of structures or equipment that processes, assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product. A single facility may contain more than one process or production unit.
(14)	"Reconstruct a major source" means the replacement of components at an existing process or production unit that emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP, if:
(A)	the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable process or production unit; and
(B)	it is technically and economically feasible for the reconstructed major source to meet the applicable maximum achievable control technology emission limitation for new sources established pursuant to 40 CFR Part 63, Subpart B.
(15)	"Research and development activities" means activities conducted at a research or laboratory facility whose primary purpose is to conduct research and development into new processes and products, where such source is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for sale or exchange for commercial profit, except in a de minimis manner.
(16)	"Similar source" means a stationary source or process that has comparable emissions and is structurally similar in design and capacity to a constructed or reconstructed major source, such that the source could be controlled using the same control technology.
(d)  Principles of MACT determinations. The following general principles shall be used to make a case-by-case MACT determination concerning construction or reconstruction of a major source pursuant to this Rule:
(1)	The MACT emission limitation or MACT requirements recommended by the applicant and approved by the Division shall not be less stringent than the emission control that is achieved in practice by the best controlled similar source, as determined by the Division.
(2)	Based upon available information, the MACT emission limitation and control technology, including any requirements pursuant to Subparagraph (3) of this Paragraph, recommended by the applicant and approved by the Division shall achieve the maximum degree of reduction in emissions of HAP that can be achieved by using those control technologies that can be identified from the available information, taking into consideration the costs of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements associated with the emission reduction.