system, a 24-hour block average as described under Rule .0606 of this
Subchapter shall be recorded for each day beginning May 1 through
September 30 unless a specific rule requires a different averaging time
or procedure. Sources covered under Rules .1416, .1417, or .1418 of this
Section shall comply with the averaging time requirements of 40 CFR Part
75. A 24-hour block average described in Rule .0606 of this Subchapter
shall be used when a continuous emissions monitoring system is used to
determine compliance with a short-term pounds-per-million-Btu standard
in Rule .1418 of this Section.

(j)  Heat input. Heat input shall be determined:

(1)	for sources required to use a monitoring system meeting the
requirements of 40 CFR Part 75, using the procedures in 40 CFR Part 75;
or

(2)	for sources not required to use a monitoring system meeting the
requirements of 40 CFR Part 75 using:

(A)	40 CFR Part 75,

(B)	a method in 15A NCAC 02D .0501, or

(C)	the best available heat input data if approved by the Director (the
Director shall grant approval if he finds that the heat input data is
the best available).

(k)  Source testing. When compliance with a limitation established for a
source subject to the requirements of this Section is determined using
source testing, the source testing shall follow the procedures of Rule
.1415 of this Section.

(l)  Alternative monitoring and reporting procedures. The owner or
operator of a source covered under this Rule, except for sources covered
under Rule .1419 of this Section, may request alternative monitoring or
reporting procedures under Rule .0612, Alternative Monitoring and
Reporting Procedures.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5),(7),(10);

Eff. April 1, 1995;

Amended Eff. April 1, 1999;

Temporary Amendment Eff. November 1, 2000;

Amended Eff. April 1, 2001;

Temporary Amendment Eff. August 1, 2001;

Amendment Eff. December 1, 2005; January 1, 2005; May 1, 2004; July 15,
2002.

15A NCAC 02D .1405	CIRCUMVENTION

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

(b)  Paragraph (a) of this Rule includes the use of gaseous diluent to
achieve compliance and the piecemeal carrying out of an operation to
avoid coverage by a rule that applies only to operations larger than a
specified size.

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

Eff. April 1, 1995.

15A NCAC 02D .1407	BOILERS AND INDIRECT-FIRED PROCESS HEATERS

(a)  This Rule applies geographically according to Rule .1402 of this
Section.

(b)   The owner or operator of a boiler or indirect-fired process heater
with a maximum heat input rate of less than or equal to 50 million Btu
per hour shall comply with the annual tune-up requirements of Rule .1414
of this Section.  The owner or operator of a boiler or indirect-fired
process heater subject to the requirements of this Paragraph shall
maintain records of all tune-ups performed for each source according to
Rule .1404 of this Section.

(c)   The owner or operator of a fossil fuel-fired boiler with a maximum
heat input rate less than or equal to 250 million Btu per hour but
greater than 50 million Btu per hour, a boiler with a maximum heat input
greater than 50 million Btu per hour that is not a fossil fuel-fired
boiler, or an indirect-fired process heater with a maximum heat input
greater than 50 million Btu per hour shall comply by:

(1)	installation of, if necessary, combustion modification technology or
other NOx control technology and maintenance, including annual tune-ups
and recordkeeping; and

(2)	demonstration through source testing or continuous emission
monitoring that the source complies with the  following applicable
limitation:

MAXIMUM ALLOWABLE NOX EMISSION RATES FOR BOILERS AND INDIRECT PROCESS
HEATERS

(POUNDS PER MILLION BTU)

					          Firing Method

              Fuel/Boiler Type		Tangential		Wall	           Stoker or
Other

	Coal (Wet Bottom)	      1.0			1.0		      N/A

	Coal (Dry Bottom)	      0.45			0.50		      0.40

	Wood or Refuse		      0.20			0.30		      0.20

	Oil			      0.30			0.30		      0.30

	Gas			      0.20			0.20		      0.20

(d)  If the emissions are greater than the applicable limitation in
Paragraph (c) of this Rule after reasonable effort as defined in Rule
.1401 of this Section, or if the requirements of this Rule are not RACT,
the owner or operator may petition the Director for an alternative
limitation or standard in accordance with Rule .1412 of this Section.

(e)  Compliance with the limitation established for a boiler or
indirect-fired process heater under this Rule shall be determined:

(1)	using a continuous emission monitoring system if the boiler or
indirect-fired process heater is required to use a continuous emissions
monitoring system under Rule .0524 of this Section or 40 CFR Part 60 to
measure emissions of nitrogen oxides; or

(2)	using annual source testing according to Rule .1415 of this Section
for boilers or indirect-fired process heaters with a maximum heat input
rate less than or equal to 250 million Btu per hour but greater than 50
million BTU per hour with the exception allowed under Paragraph (f) of
this Rule.

(f)  If a source covered under this rule can burn more than one fuel,
the owner or operator of the source may choose not to burn one or more
of these fuels during the ozone season. If the owner or operator chooses
not to burn a particular fuel, the sources testing required under
Subparagraph (e)(2) this Rule shall not be required for that fuel.

(g)  If two consecutive annual source tests show compliance, the
Director may reduce the frequency of testing up to once every five
years.  In years that a source test is not done, the boiler or
indirect-fired process heater shall comply with the annual tune-up
requirements of Rule .1414 of this Section.  If after the Director
reduces the frequency of testing, a source test shows that the emission
limit under this Rule is exceeded, the Director shall require the boiler
or indirect-fired process heater to be tested annually until two
consecutive annual tests show compliance.  Then the Director may again
reduce the frequency of testing.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.66;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995;

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

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

15A NCAC 02D .1408	STATIONARY COMBUSTION TURBINES

(a)  This Rule applies geographically according to Rule .1402 of this
Section.

(b)  Unless the owner or operator chooses the option of emission
averaging under Rule .1410 of this Section, the owner or operator of a
stationary combustion turbine with a heat input rate greater than 100
million Btu per hour but less than or equal to 250 million Btu per hour
shall comply with the following limitations:

(1)	Emissions of NOx shall not exceed 75 ppm by volume corrected to 15
percent oxygen for gas-fired turbines, or

(2)	Emissions of NOx shall not exceed 95 ppm by volume corrected to 15
percent oxygen for oil-fired turbines.

If necessary, the owner or operator shall install combustion
modification technology or other NOx control technology to comply with
the applicable limitation set forth in this Paragraph.

(c)  If the emissions are greater than the applicable limitation in
Paragraph (b) of this Rule after reasonable effort as defined in Rule
.1401 of this Section, or if the requirements of this Rule are not RACT
for the particular stationary combustion turbine, the owner or operator
may petition the Director for an alternative limitation or standard
according to Rule .1412 of this Section.

(d)  Compliance with the limitation established for a stationary
combustion turbine under this Rule shall be determined:

(1)	using a continuous emissions monitoring system, or

(2)	using annual source testing according to Rule .1415 of this Section.

(e)  If a source covered under this rule can burn more than one fuel,
the owner or operator of the source may choose not to burn one or more
of these fuels during the ozone season. If the owner or operator chooses
not to burn a particular fuel, the sources testing required under this
Rule is not required for that fuel.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.66;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995;

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

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

15A NCAC 02D .1409	STATIONARY INTERNAL COMBUSTION ENGINES

(a)  This Rule applies geographically according to Rule .1402 of this
Section.

(b)  The owner or operator of a stationary internal combustion engine
having a rated capacity of 650 horsepower or more that is not covered
under Paragraph (c) of this Rule or Rule .1418 of this Section shall not
allow emissions of NOx from the stationary internal combustion engine to
exceed the following limitations:

MAXIMUM ALLOWABLE NOX EMISSION RATES FOR

STATIONARY INTERNAL COMBUSTION ENGINES

(GRAMS PER HORSEPOWER HOUR)

Engine Type				Fuel Type		Limitation

Rich-burn				Gaseous			     2.5

Lean-burn				Gaseous			     2.5

Compression Ignition			Liquid			     8.0

(c)  Engines identified in the table in this Paragraph shall not exceed
the emission limit in the table during the ozone season.

SUM OF MAXIMUM ALLOWABLE OZONE SEASON NOx EMISSIONS

(tons per ozone season)

FACILITY	REGULATED SOURCES

	ALLOWABLE EMISSIONS

Transcontinental Gas Pipeline Station 150	Mainline engines #12, 13, 14,
and 15

76

Transcontinental Gas Pipeline Station 155	Mainline engines #2, 3, 4, 5,
and 6

127

Transcontinental Gas Pipeline Station 160	Mainline engines #11, 12, 13,
14, and 15

149

Compliance shall be determined by summing the actual emissions from the
engines listed in the table at each facility for the ozone season and
comparing those sums to the limits in the table.  Compliance may be
achieved through trading under Paragraph (g) of this Rule if the trades
are approved before the ozone season.

(d)  If the emissions from that stationary internal combustion engine
are greater than the applicable limitation in Paragraph (b) of this Rule
after reasonable effort as defined in Rule .1401 of this Section, or if
the requirements of this Rule are not RACT for the particular stationary
internal combustion engine, the owner or operator may petition the
Director for an alternative limitation or standard according to Rule
.1412 of this Section.

(e)  For the engines identified in Paragraph (c) of this Rule and any
engine involved in emissions trading with one or more of the engines
identified in Paragraph (c) of this Rule, the owner or operator shall
determine compliance using:

(1)	a continuous emissions monitoring system which meets the applicable
requirements of Appendices B and F of 40 CFR part 60 and Rule .1404 of
this Section; or

(2)	an alternate monitoring and recordkeeping procedure based on actual
emissions testing and correlation with operating parameters.

The installation, implementation, and use of this alternate procedure
allowed under Subparagraph (e)(2) of this Paragraph shall be approved by
the Director before it may be used.  The Director may approve the
alternative procedure if he finds that it can show the compliance status
of the engine.

(f)  If a stationary internal combustion engine is permitted to operate
more than 475 hours during the ozone season, compliance with the
limitation established for a stationary internal combustion engine under
Paragraph (b) of this Rule shall be determined using annual source
testing according to Rule .1415 of this Section. If a source covered
under this rule can burn more than one fuel, then the owner or operator
of the source may choose not to burn one or more of these fuels during
the ozone season. If the owner or operator chooses not to burn a
particular fuel, the source testing required under this Rule is not
required for that fuel.

(g)  If a stationary internal combustion engine is permitted to operate
no more than 475 hours during the ozone season, the owner or operator of
the stationary internal combustion engine shall show compliance with the
limitation under Paragraph (b) of this Rule with source testing during
the first ozone season of operation according to Rule .1415 of this
Section. Each year after that, the owner or operator of the stationary
internal combustion engine shall comply with the annual tune-up
requirements of Rule .1414 of this Section.

(h)  The owner or operator of a source covered under Paragraph (c) of
this Rule may offset part or all of the emissions of that source by
reducing the emissions of another stationary internal combustion engine
at that facility by an amount equal to or greater than the emissions
being offset.  Only actual decreased emissions that have not previously
been relied on to comply with Subchapter 02D or 02Q of this Title or
Title 40 of the Code of Federal Regulations may be used to offset the
emissions of another source.  The person requesting the offset shall
submit the following information to the Director:

(1)	identification of the source, including permit number, providing the
offset and what the new allowable emission rate for the source will be;

(2)	identification of the source, including permit number, receiving the
offset and what the new allowable emission rate for the source will be;

(3)	the amount of allowable emissions in tons per ozone season being
offset;

(4)	a description of the monitoring, recordkeeping, and reporting that
shall be used to show compliance; and

(5)	documentation that the offset is an actual decrease in emissions
that has not previously been relied on to comply with Subchapter 02D or
02Q of this Title or Title 40 of the Code of Federal Regulations.

The Director may approve the offset if he finds that all the information
required by this Paragraph has been submitted and that the offset is an
actual decrease in emissions that have not previously been relied on to
comply with Subchapter 02D or 02Q of this Title or Title 40 of the Code
of Federal Regulations.  If the Director approves the offset, he shall
put the new allowable emission rates in the respective permits.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.66;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995;

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

Amended Eff. June 1, 2008; June 1, 2004; July 18, 2002.

15a ncac 02d .1410	EMISSIONS AVERAGING

(a) This Rule shall not apply to sources covered under Rules .1416,
.1417, or .1418 of this Section. Sources that have obtained an
alternative limitation as provided by Rule .1412 of this Section or that
apply seasonal fuel switching as provided by Rule .1411 of this Section
are not eligible to participate in an emissions averaging plan under
this Rule.

(b)  With the exceptions in Paragraph (a) of this Rule, the owner or
operator of a facility with two or more sources with comparable plume
rise and subject to the requirements of this Section for all such
sources as determined by Rule .1402 of this Section may elect to apply
an emissions averaging plan according to Paragraph (c) of this Rule.  An
emission averaging plan may be used if the total NOx emissions from the
averaged set of sources based on the total heat input are equal to or
less than the NOx emissions that would have occurred if each source
complied with the applicable limitation.

(c)  To request approval of an emissions averaging plan to comply with
the requirements of this Section, the owner or operator of a facility
shall submit a written request to the Director including the following
information:

(1)	the name and location of the facility;

(2)	information identifying each source to be included under the
averaging plan;

(3)	the maximum heat input rate for each source;

(4)	the fuel or fuels combusted in each source;

(5)	the maximum allowable NOx emission rate proposed for each averaging
source;

(6)	a demonstration that the nitrogen oxide emissions of the sources
being averaged when operated together at the maximum daily heat input
rate, will be less than or equal to the total NOx emissions if each
source complied with the applicable limitation of this Section
individually;

(7)	an operational plan to provide reasonable assurance that the sources
being averaged will satisfy Subparagraph (5) of this Paragraph when the
combined maximum daily heat input rate is less than the permitted
maximum heat input rate; and

(8)	the method to be used to determine the actual NOx emissions from
each source.

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

Eff. April 1, 1995;

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

Amended Eff. July 18, 2002.

15A NCAC 02D .1411	SEASONAL FUEL SWITCHING

(a)  This Rule shall not apply to sources covered under Rule .1418 of
this Section.

(b)  The owner or operator of a coal-fired or oil-fired boiler subject
to the requirements of Rule .1407 of this Section may elect to comply by
applying seasonal combustion of natural gas according to Paragraph (c)
of this Rule.  This option is not available to a boiler that used
natural gas as its primary fuel in or since 1990.  Compliance with this
Section according to this Rule does not remove or reduce any applicable
requirement of the Acid Rain Program.

(c)  The owner or operator electing to comply with the requirements of
this Section through the seasonal combustion of natural gas shall
establish a NOx emission limit beginning October 1 and ending April 30
that will result in annual NOx emissions of less than or equal to the
NOx that would have been emitted if the source complied with the
applicable limitation for the combustion of coal for the entire calendar
year.  Compliance with this Section according to this Rule does not
remove or reduce any applicable requirement of the Acid Rain Program.

(d)  To comply with the requirements of this Section through the
seasonal combustion of natural gas, the owner or operator shall submit
to the Director the following information:

(1)	the name and location of the facility;

(2)	information identifying the source to use seasonal combustion of
natural gas for compliance;

(3)	the maximum heat input rate for each source;

(4)	a demonstration that the source will comply with the applicable
limitation for the combustion of coal during the ozone season

(5)	a demonstration that the source will comply with the NOx emission
limitation established under Paragraph (c) of this Rule beginning
October 1 and ending April 30; and

(6)	a written statement from the natural gas supplier providing
reasonable assurance that the fuel will be available beginning during
the ozone season.

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

Eff. April 1, 1995;

Temporary Amendment Eff November 1, 2000;

Amended Eff. April 1, 2001;

Temporary Amendment Eff August 1, 2001;

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

15A NCAC 02D .1412	PETITION FOR ALTERNATIVE LIMITATIONS

(a)  If the owner or operator of a source subject to the requirements of
Rule .1407, .1408, or .1409(b) of this Section:

(1)	cannot achieve compliance with the applicable limitation after
reasonable effort to satisfy the requirements of Rules .1407, .1408, or
.1409 of this Section or if the requirements of Rules .1407, .1408, or
.1409 of this Section are not RACT for the particular source; and

(2)	cannot provide reasonable assurance for overall compliance at a
facility through the implementation of an emissions averaging plan as
provided for in Rule .1410 of this Section;

the owner or operator may petition the Director for an alternative
limitation according to Paragraph (b) or (c) of this Rule.

(b)  To petition the Director for an alternative limitation, the owner
or operator of the source shall submit;

(1)	the name and location of the facility;

(2)	information identifying the source for which an alternative
limitation is being requested;

(3)	the maximum heat input rate for the source;

(4)	the fuel or fuels combusted in the source;

(5)	the maximum allowable NOx emission rate proposed for the source for
each fuel;

(6)	a demonstration that the source has satisfied the requirements to
apply for an alternative limitation under Paragraph (a) of this Rule;
and

(7)	a demonstration that the proposed alternative limitation is RACT for
that source.

(c)  If the source is required to comply with best achievable control
technology under Rule .0530, Prevention of Significant Deterioration, of
this Subchapter, the owner or operator of the source shall provide the
information required under Subparagraphs (b)(1) through (6) of this Rule
and documentation that the source is required to use best available
control technology and is complying with that requirement.  For this
source, its best available control technology shall be considered RACT
without any further demonstrations.

(d)  The Director shall approve the alternative limitation if he finds
that:

(1)	all the information required by Paragraph (b) of this Rule has been
submitted,

(2)	the requirements of Paragraph (a) of this Rule have been satisfied,
and

(3)	the proposed alternative limitation is RACT for that source.

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

Eff. April 1, 1995;

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

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

15A NCAC 02D .1413	SOURCES NOT OTHERWISE LISTED IN THIS SECTION

(a)  The owner or operator of any source of nitrogen oxides, except
boilers, indirect-fired process heaters, stationary combustion turbines,
or stationary internal combustion engines, at a facility that has the
potential to emit 100 tons per year or more of nitrogen oxides or 560
pounds per calendar day or more from May 1 through September 30 shall
apply RACT according to Paragraph (b) of this Rule.

(b)  To apply RACT to a source of nitrogen oxides covered under this
Rule, the owner or operator of the source shall submit;

(1)	the name and location of the facility;

(2)	information identifying the source for which RACT is being proposed;

(3)	a demonstration that shows the proposed limitation is RACT for the
source; and

(4)	a proposal for demonstrating compliance with the proposed RACT.

(c)  The Director shall approve the proposed limitation if he finds
that:

(1)	the owner or operator of the source has submitted all the
information required under Paragraph (b) of this Rule;

(2)	the sources is covered under this Rule; and

(3)	the proposed limitation is RACT for this source.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995;

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

Amended Eff. July 18, 2002.

15a ncac 02d .1414	TUNE-UP REQUIREMENTS

(a)  This Rule applies to boilers and indirect-fired process heaters
subject to the requirements of Rule .1407 of this Section or stationary
internal combustion engines subject to the requirements of Rule .1409 of
this Section that are complying with Rules .1407 or .1409 of this
Section through an annual tune-up.

(b)  When a tune-up to a boiler or indirect-fired process heater is
required for compliance with this Section, the owner or operator shall
at least annually and according to the manufacturer's recommendations:

(1)	inspect each burner and clean or replace any component of the burner
as required;

(2)	inspect the flame pattern and make any adjustments to the burner, or
burners, necessary to optimize the flame pattern to minimize total
emissions of NOx and carbon monoxide;

(3)	inspect the combustion control system to ensure proper operation and
correct calibration of components that control the air to fuel ratio and
adjust components to meet the manufacturer's established operating
parameters; and

(4)	inspect any other component of the boiler or indirect-fired process
heater and make adjustments or repairs as necessary to improve
combustion efficiency.

The owner or operator shall perform the tune-up according to a unit
specific protocol approved by the Director.  The Director shall approve
the protocol if it meets the requirements of this Rule.

(c)  When a tune-up to a stationary internal combustion engine is
required for compliance with this Section, the owner or operator shall
at least annually inspect, adjust, and repair or replace according to
the manufacturer's recommendation, the following, as equipped:

(1)	engine air cleaners, fuel filters, and water traps;

(2)	turbochargers and superchargers;

(3)	spark plugs;

(4)	valve lash;

(5)	ignition systems, including ignition coils and wiring;

(6)	aftercooler cores;

(7)	any other component of the engine as necessary to improve engine
efficiency; and

(8)	emission control systems.

The owner or operator shall perform the tune-up according to a unit
specific protocol, including inspection, maintenance, and performance
procedures as recommended by the manufacturer, approved by the Director.
The Director shall approve the protocol if it meets the requirements of
this Rule.

(d)  The owner or operator shall maintain records of tune-ups performed
to comply with this Section according to Rule .1404 of this Section. The
following information shall be included for each source:

(1)	identification of the source;

(2)	the date and time the tune-up started and ended;

(3)	the person responsible for performing the tune-up;

(4)	for boilers and indirect-fired process heaters, the checklist for
inspection of the burner, flame pattern, combustion control system, and
all other components of the boiler or indirect-fired process heater
identified in the protocol, noting any repairs or replacements made;

(5)	for stationary internal combustion engines, the checklist for engine
air cleaners, turbochargers, sparkplugs, valve lash, ignition coils and
wiring, aftercooler cores, and all other components of the engine
identified in the protocol, noting any repairs or replacements made;

(6)	any stack gas analyses performed after the completion of all
adjustments to show that the operating parameters of the boiler,
indirect-fired process heater, or stationary internal combustion engine
have been optimized with respect to fuel consumption and output; at a
minimum these parameters shall be within the range established by the
equipment manufacturer to ensure that the emission limitation for
nitrogen oxides has not been exceeded; and

(7)	any other information requested by the Director to show that the
boiler, indirect-fired process heater, or stationary internal combustion
engine is being operated and maintained in a manner to minimize the
emissions of nitrogen oxides.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995;

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

Amended Eff. July 18, 2002.

15A NCAC 02D .1415	TEST METHODS AND PROCEDURES

(a)  When source testing is used to determine compliance with rules in
this Section, the methods and procedures in Section .2600 of this
Subchapter shall be used.

(b)  The owner or operator shall maintain records of tests performed to
demonstrate compliance with this Section according to Rule .1404 of this
Section.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5), (7), (10);

Eff. April 1, 1995;

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

Amended Eff. June 1, 2008: July 18, 2002.

15A NCAC 02D .1416	EMISSION ALLOCATIONS FOR UTILITY COMPANIES

(a) After November 1, 2000 but before the EPA promulgation of revisions
to 40 CFR Part 51, Subpart G, revising the nitrogen oxide budget for
North Carolina, the following limits apply:

(1)	Carolina Power & Light.  The total emissions from all the coal-fired
boilers and combustion turbines that are not listed in Rule .1417 of
this Section at Carolina Power & Light Company's Asheville, Cape Fear,
Lee, Mayo, Roxboro, Sutton, and Weatherspoon facilities shall not
exceed:

(A)	12,019 tons per ozone season for 2004;

(B)	15,566 tons per ozone season for 2005;

(C)	14,355 tons per ozone season for 2006 and each year thereafter until
revised according to Rule .1420 of this Section; and

Furthermore, except as allowed under Paragraph (d) of this Rule,
individual sources at these facilities named in the table in this
Subparagraph shall not exceed during the ozone season the nitrogen oxide
emission allocations in the table.

FACILITY

	SOURCE

	EMISSION ALLOCATIONS

(tons/ozone season)

2004	EMISSION ALLOCATIONS

(tons/ozone season)

2005	EMISSION ALLOCATIONS (tons/ozone season)

2006 and later

Asheville, Buncombe Co.	1	551	714	659

	2	538	697	643

Cape Fear

Chatham Co	5	286	371	342

	6	406	526	485

Lee

Wayne Co	1	145	188	173

	2	159	206	190

	3	465	603	556

Mayo

Person Co	1	1987	2572	2373

Roxboro

Person Co	1	861	1115	1028

	2	1602	2075	1914

	3	1773	2295	2116

	4	1698	2199	2028

L V Sutton

New Hanover Co.	1	182	236	217

	2	198	256	236

	3	806	1044	962

Weatherspoon

Robeson Co.	1	85	110	102

	2	97	125	116

	3	180	234	215

(2)	Duke Power.  The total emissions from all the coal-fired boilers and
combustion turbines that are not listed in Rule .1417 of this Section at
Duke Power Company's Allen, Belews Creek, Buck, Cliffside, Dan River,
Marshall, and Riverbend facilities shall not exceed:

(A)	17,816 tons per ozone season for 2004;

(B)	23,072 tons per ozone season for 2005;

(C)	21,278 tons per ozone season for .2006 and each year thereafter
until revised according to Rule .1420 of this Section; and

Furthermore, except as allowed under Paragraph (d) of this Rule,
individual sources at these facilities named in the table in this
Subparagraph shall not exceed during the ozone season the nitrogen oxide
emission allocations in the table.

FACILITY

	SOURCE

	EMISSION

ALLOCATIONS

(tons/ozone season)

2004	EMISSION

ALLOCATIONS

(tons/season)

2005	EMISSION

ALLOCATIONS

(tons/season)

2006 and later

G G Allen

Gaston Co.	1	350	453	418

	2	355	460	424

	3	590	764	705

	4	528	683	630

	5	678	748	690

Belews Creek

Stokes Co.	1	2591	3356	3095

	2	3020	3911	3608

Buck

Rowan Co.	5	66	86	79

	6	73	95	87

	7	78	101	93

	8	319	413	381

	9	337	437	403

Cliffside

Cleveland and Rutherford Co.	1	76	98	91

	2	82	106	98

	3	107	138	128

	4	120	156	144

	5	1326	1717	1584

Dan River

Rockingham Co.	1	132	171	157

	2	144	186	172

	3	304	394	363

Marshall

Catawba Co.	1	1011	1309	1207

	2	1056	1367	1261

	3	1784	2311	2131

	4	1764	2285	2107

Riverbend

Gaston Co.	10	299	387	357

	7	216	280	258

	8	225	291	268

	9	285	369	340

(b)  After November 1, 2000, and after any EPA promulgation of revisions
to 40 CFR Part 51, Subpart G, revising the nitrogen oxide budget for
North Carolina, the following limits apply:

(1)	Carolina Power & Light.  The total emissions from all the coal-fired
boilers and combustion turbines that are not listed in Rule .1417 of
this Section at Carolina Power & Light Company's Asheville, Cape Fear,
Lee, Mayo, Roxboro, Sutton, and Weatherspoon facilities shall not
exceed:

(A)	12,019 tons per ozone season in 2004;

(B)	15,024 tons per ozone season for 2005;

(C)	11,320 tons per ozone season for 2006 and each year thereafter until
revised according to Rule .1420 of this Section; and

Furthermore, except as allowed under Paragraph (d) of this Rule,
individual sources at these facilities named in the table in this
Subparagraph shall not exceed during the ozone season the nitrogen oxide
emission allocations in the table.

FACILITY

	SOURCE

	EMISSION ALLOCATIONS (tons/ozone season) 2004

	EMISSION ALLOCATIONS

(tons/ozone season)

2005	EMISSION ALLOCATIONS

(tons/ozone season)

2006 and later

Asheville

Buncombe Co	1	551	689	519

	2	538	672	507

Cape Fear

Chatham Co	5	286	358	270

	6	406	508	382

Lee

Wayne Co.	1	145	182	137

	2	159	199	150

	3	465	582	438

Mayo

Person Co	1	1987	2483	1872

Roxboro

Person Co	1	861	1076	811

	2	1602	2003	1509

	3	1773	2215	1669

	4	1698	2122	1599

L V Sutton

New Hanover Co.	1	182	228	171

	2	198	247	186

	3	806	1007	759

Weatherspoon

Robeson Co.	1	85	107	80

	2	97	121	91

	3	180	225	170

(2)	Duke Power.  The total emissions from all the coal-fired boilers and
combustion turbines that are not listed in Rule .1417 of this Section at
Duke Power Company's Allen, Belews Creek, Buck, Cliffside, Dan River,
Marshall, and Riverbend facilities shall not exceed:

(A)	17,816 tons per ozone season;

(B)	22,270 tons per ozone season for 2005;

(C)	16,780 tons per ozone season for 2006 and each year thereafter until
revised according to Rule .1420 of this Section; and

Furthermore, except as allowed under Paragraph (d) of this Rule,
individual sources at these facilities named in the table in this
Subparagraph shall not exceed during the ozone season the nitrogen oxide
emission allocations in the table.

FACILITY

	SOURCE

	EMISSION

ALLOCATIONS

(tons/ozone season)

2004

	EMISSION

ALLOCATIONS

(tons/ozone season)

2005	EMISSION

ALLOCATIONS

(tons/ozone season)

2006 and later

G G Allen

Gaston Co.	1	350	437	329

	2	355	444	334

	3	590	737	556

	4	528	660	497

	5	578	722	544

Belews Creek

Stokes Co.	1	2591	3239	2441

	2	3020	3775	2846

Buck

Rowan Co.	5	66	83	63

	6	73	91	69

	7	78	97	73

	8	319	399	300

	9	337	422	318

Cliffside

Cleveland and Rutherford Co.	1	76	95	71

	2	82	102	77

	3	107	134	101

	4	120	150	113

	5	1326	1658	1249

Dan River

Rockingham Co.	1	132	165	124

	2	144	180	135

	3	304	380	286

Marshall

Catawba Co.	1	1011	1263	952

	2	1056	1320	994

	3	1784	2230	1680

	4	1764	2206	1662

Riverbend

Gaston Co.	10	299	374	282

	7	216	270	204

	8	225	281	212

	9	285	356	268

(c)  Posting of emission allocation.  The Director shall post the
emission allocations for sources covered under this Rule on the
Division's web page.

(d)  Trading.  Sources shall comply with the requirements of this Rule
using the nitrogen oxide budget trading program set out in Rule .1419 of
this Section.

(e)  Monitoring.  The owner or operator of a source subject to this Rule
shall show compliance using a continuous emission monitor that meets the
requirements of 40 CFR Part 75, Subpart H, with such exceptions as
allowed under 40 CFR Part 75, Subpart H or 40 CFR Part 96.

(f)  Operation of control devices.  All emission control devices and
techniques installed to comply with this Rule shall be operated during
the ozone season in the manner in which they are designed and permitted
to be operated.

(g)  Days of violations.  For the purposes of this Rule, the number of
days of violation for a source shall be determined after the end of the
ozone season as follows:

(1)	To the source's allocation in this Rule, the allocations acquired
before December 1 of that year under Rule .1419 of this Section are
added and the allocations transferred before December 1 of that year
under Rule .1419 of this Section are subtracted.

(2)	The value calculated under Subparagraph (1) of this Paragraph is
compared to the actual emissions from the source for the ozone season.
If the value calculated under Subparagraph (1) of this Paragraph is
greater than or equal to the actual emissions from the source for the
ozone season, the source is in compliance.  If the value calculated
under Subparagraph (1) of this Paragraph is less than the actual
emissions from the source for the ozone season, the source is not in
compliance.

(3)	If the source is not in compliance, beginning with September 30, the
actual emissions for that day and each preceding day are subtracted from
the actual emissions for the ozone season until the value calculated
under Subparagraph (1) of this Paragraph is greater than or equal to the
actual emissions. Each day that the source operated after this day to
September 30 is a day of violation.

(h)  Modification and reconstruction.  The modification or
reconstruction of a source covered under this Rule shall not make that
source a "new" source under this Rule.  A source that is modified or
reconstructed shall retain its emission allocations under Paragraph (a)
or (b) of this Rule.

(i)  Additional controls.  The Environmental Management Commission may
specify through rulemaking a specific emission limit lower than that
established under this Rule for a specific source if compliance with the
lower emission limit is required as part of the State Implementation
Plan to attain or maintain the ambient air quality standard for ozone.

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

Temporary Adoption Eff. November 1, 2000;

Eff. April 1, 2001;

Temporary Amendment Eff. August 1, 2001;

Amended Eff. June 1, 2004; July 18, 2002.

15A NCAC 02D .1417	EMISSION ALLOCATIONS FOR LARGE COMBUSTION SOURCES

(a)  Applicability. This rule applies to the sources listed in Paragraph
(b) of this Rule or to the following types of sources that are permitted
before November 1, 2000, and are not covered under Rule .1416 of this
Section:

(1)	fossil fuel-fired stationary boilers, combustion turbines, or
combined cycle systems serving a generator with a nameplate capacity
greater than 25 megawatts electrical and selling any amount of
electricity; or

(2)	fossil fuel-fired stationary boilers, combustion turbines, or
combined cycle systems having a maximum design heat input greater than
250 million Btu per hour that are not covered under Subparagraph (1) of
this Paragraph.

(b)  Initial emission allocations.

(1)	After November 1, 2000 but before the EPA promulgation of revisions
to 40 CFR Part 51, Subpart G, revising the nitrogen oxide budget for
North Carolina, the emission allocations in the tables in this
Subparagraph shall apply.  Except as allowed under Paragraph (d) of this
Rule, sources named in the tables in this Subparagraph shall not exceed
during the ozone season the nitrogen oxide (NOx) emission allocations in
the tables until revised according to Rule .1420 of this Section:

ELECTRICAL GENERATING UNITS

FACILITY

SOURCE	NOX

EMISSION ALLOCATIONS (tons/ozone season)

2004	NOX EMISSION ALLOCATIONS (tons/ozone season) 2005	NOX EMISSION
ALLOCATIONS (tons/ozone season)

2006 and later

Butler Warner Generating, Cumberland Co.

	Combustion Turbine 1

27

33

49

	Combustion Turbine 2

27

33

49

	Combustion Turbine 3

27

33

49

	Combustion Turbine 6

28

35

52

	Combustion Turbine 7

27

33

49

	Combustion Turbine 8

27

33

49

	Combustion Turbine 4

34

43

63

	Combustion Turbine 5

35

43

63

Cogentrix-Rocky Mount, Edgecombe Co.	Boiler ST unt	319	398	351

Cogentrix-Elizabethtown, Bladen Co.	Coal boiler ST-own	115	143	126

Cogentrix-Kenansville, Duplin Co.	Stoker boiler ST-LLE	103	128	113

Cogentrix-Lumberton, Robeson Co.	Coal boiler ST-TON	114	142	125

Cogentrix-Roxboro, Person Co.	ST-ORO

	175	218	192

Cogentrix-Southport, Brunswick Co.	ST-ORT

	356	443	391

Duke Power, Lincoln

	Combustion Turbine 1	18	23	23

	Combustion Turbine 2	18	23	23

	Combustion Turbine 3	18	23	23

	Combustion Turbine 4	18	23	23

	Combustion Turbine 5	18	23	23

	Combustion Turbine 6	18	23	23

	Combustion Turbine 7	18	23	23

	Combustion Turbine 8	18	23	23

	Combustion Turbine 9	18	23	23

	Combustion Turbine 10	18	23	23

	Combustion Turbine 11	18	23	23

	Combustion Turbine 12	18	23	23

	Combustion Turbine 13	18	23	23

	Combustion Turbine 14	18	23	23

	Combustion Turbine 15	18	23	23

	Combustion Turbine 16	19	24	24

Panda-Rosemary,

Halifax Co.	CT-ary	35	43	32

	CW-ary	25	31	23

Roanoke Valley,

Halifax Co.	1	447	557	492

	2	142	178	167

RJ Reynolds Tobbaccoville Facility, Forsyth Co.

	Boiler 1	194	243	64

	Boiler 2	218	273	64

	Boiler 3	178	223	64

	Boiler 4	190	238	64

UNC-CH, Orange Co.

	Boiler no. 5, 6, and 7	116	145	128

	Boiler no. 8	120	150	113

CP&L, Lee Plant, Wayne County

	Combustion Turbine 10	25	31	31

	Combustion Turbine 11	25	31	31

	Combustion Turbine 12	92	115	115

	Combustion Turbine 13	92	115	115

Dynegy, Rockingham County

	Combustion Turbine 1	34	42	42

	Combustion Turbine 2	33	42	42

	Combustion Turbine 3	33	42	42

	Combustion Turbine 4	33	41	41

	Combustion Turbine 5	33	41	41

CP&L, Woodleaf, Rowan County

	Combustion Turbine 1	22	27	27

	Combustion Turbine 2	22	27	27

	Combustion Turbine 3	22	27	27

	Combustion Turbine 4	21	27	27

	Combustion Turbine 5	22	27	27

CP&L, Mark's Creek, Richmond County

	Combustion Turbine 1	22	27	27

	Combustion Turbine 2	22	27	27

	Combustion Turbine 3	22	27	27

	Combustion Turbine 4	22	27	27

	Combustion Turbine   5	21	27	27

	Combustion Turbine 6	21	27	27

	Combustion Turbine 7	22	28	28

CP&L, Asheville, Buncombe County

	Combustion Turbine	60	75	75

	Combustion Turbine	60	75	75

NON-ELECTRICAL GENERATING UNITS

FACILITY

SOURCE	NOX EMISSION ALLOCATIONS (tons/ozone season)

2004	NOX EMISSION ALLOCATIONS (tons/ozone season)

2005	NOX EMISSION ALLOCATIONS (tons/ozone season)

2006 and later

Weyerhaeuser Paper Co., Martin Co.	Riley boiler	566	709	379

	Package boiler	20	25	25

Blue Ridge Paper Products, Haywood Co.

	Pulverized coal dry bottom boiler – Big Bill	212	265	141

	Pulverized coal dry bottom boiler – Peter G	187	234	125

	Pulverized coal dry bottom boiler – Riley Coal	358	447	239

	Pulverized coal, wet bottom boiler – No. 4	365	456	244

	Boiler – Riley Bark	135	169	90

International Paper Corp., Halifax Co.	Wood/ bark, no. 6 oil, pulverized
coal dry bottom boiler	518	648	346

Weyerhaeuser Co. New Bern Mill, Craven Co.	#1 power boiler	181	226	121

	#2 power boiler	58	72	72

International. Paper, Columbus Co.	No. 3 Power Boiler	126	158	84

	No. 4 Power Boiler	334	418	223

Fieldcrest-Cannon, Plant 1 Cabarrus Co.	Boiler	174	217	116

(2)	After November 1, 2000, and after any EPA promulgation of revisions
to 40 CFR Part 51, Subpart G, revising the nitrogen oxide budget for
North Carolina, the emission allocations in the tables in this
Subparagraph shall apply.  Except as allowed under Paragraph (d) of this
Rule, sources named in the tables in this Subparagraph shall not exceed
during the ozone season the nitrogen oxide (NOx) emission allocations in
the tables until revised according to Rule .1420 of this Section:

ELECTRIC GENERATING UNITS

FACILITY

SOURCE	NOX

EMISSION ALLOCATIONS (tons/ozone season) 2004

	NOX EMISSION ALLOCATIONS (tons/ozone season)

2005	NOX EMISSIONS ALLOCATIONS(tons/ozone season)

2006 and later

Butler Warner Generating, Cumberland Co.

	Combustion Turbine 1	27	33	49

	Combustion Turbine 2	27	33	49

	Combustion Turbine 3	27	33	49

	Combustion Turbine 6	28	35	52

	Combustion Turbine 7	27	33	49

	Combustion Turbine 8	27	33	49

	Combustion Turbine 4	34	43	63

	Combustion Turbine 5	35	43	63

Cogentrix-Rocky Mount, Edgecombe Co.	Boiler ST-unt	319	398	351

Cogentrix-Elizabethtown, Bladen 	Coal boiler ST-OWN	115	143	126

Cogentrix-Kenansville, Duplin Co.	Stoker boiler ST-LLE	103	128	113

Cogentrix-Lumberton, Robeson Co.	Coal boiler ST-TON	114	142	125

Cogentrix-Roxboro, Person Co.	ST-ORO	175	218	192

Cogentrix-Southport, Brunswick Co.	ST-ORT	356	444	392

Duke Power, Lincoln

	Combustion Turbine 1	18	23	26

	Combustion Turbine 2	18	23	26

	Combustion Turbine 3	18	23	26

	Combustion Turbine 4	18	23	26

	Combustion Turbine 5	18	23	26

	Combustion Turbine 6	18	23	26

	Combustion Turbine 7	18	23	26

	Combustion Turbine 8	18	23	26

	Combustion Turbine 9	18	23	26

	Combustion Turbine 10	18	23	26

	Combustion Turbine 11	18	23	26

	Combustion Turbine 12	18	23	26

	Combustion Turbine 13	18	23	26

	Combustion Turbine 14	18	23	26

	Combustion Turbine 15	18	23	26

	Combustion Turbine 16	19	24	27

Panda-Rosemary, Halifax Co.	CT-ary	35	43	32

	CW-ary	25	31	23

Roanoke Valley, Halifax Co.	1	447	558	493

	2	142	178	167

RJ Reynolds Tobbaccoville Facility, Forsyth Co.

	Boiler 1	194	243	64

	Boiler 2	218	273	64

	Boiler 3	178	223	64

	Boiler 4	190	238	64

UNC-CH, Orange Co.

	Boiler no. 5, 6, and 7	116	145	128

	Boiler no. 8	120	150	113

CP&L, Lee Plant, Wayne County

	Combustion Turbine 10	25	31	31

	Combustion Turbine 11	25	31	31

	Combustion Turbine 12	92	115	115

	Combustion Turbine 13	92	115	115

Dynegy, Rockingham County

	Combustion Turbine 1	34	42	42

	Combustion Turbine 2	33	42	42

	Combustion Turbine 3	33	42	42

	Combustion Turbine 4	33	41	41

	Combustion Turbine 5	33	41	41

CP&L, Woodleaf, Rowan County

	Combustion Turbine 1	22	27	27

	Combustion Turbine 2	22	27	27

	Combustion Turbine 3	22	27	27

	Combustion Turbine 4	21	27	27

	Combustion Turbine 5	22	28	28

CP&L, Mark's Creek, Richmond County	Combustion Turbine 1	22	27	27

	Combustion Turbine 2	22	27	27

	Combustion Turbine 3	22	27	27

	Combustion Turbine 4	22	27	27

	Combustion Turbine 5	21	27	27

	Combustion Turbine 6	21	27	27

	Combustion Turbine 7	22	28	28

CP&L, Asheville, Buncombe County

	Combustion Turbine	60	75	75

	Combustion Turbine	60	75	75

NON-ELECTRIC GENERATING UNITS

FACILITY

SOURCE	NOX

EMISSION ALLOCA-TIONS

(tons/ozone season)

2004

	NOX

 EMISSION ALLOCATIONS (tons/ozone season)

2005	NOX

EMISSION ALLOCA-TIONS (tons/ozone season)

2006 and later

Weyerhaeuser Paper Company, Martin Co.	Riley boiler	566	708	379

	Package boiler	20	25	25

Blue Ridge Paper Products, Haywood Co.	Pulverized coal dry bottom boiler
– Big Bill	212	265	141

	Pulverized coal dry bottom boiler – Peter G	187	234	125

	Pulverized coal dry bottom boiler – Riley Coal	358	447	239

	Pulverized coal, wet bottom boiler – No. 4	365	456	244

	boiler–Riley Bark	135	169	90

International Paper Corp., Halifax Co.	Wood/bark, no. 6 oil, pulverized
coal dry bottom boiler	518	648	346

Weyerhaeuser Co. New Bern Mill, Craven Co.	#1 power boiler	181	226	121

	#2 power boiler	58	72	72

International. Paper, Columbus Co.	No. 3 Power Boiler	126	158	84

	No. 4 Power Boiler	334	418	223

Fieldcrest-Cannon, Plant 1, Cabarrus Co.	Boiler	174	217	116

(3)	Any source covered under this Rule but not listed in Subparagraph
(b)(1) or (2) of this Paragraph shall have a nitrogen oxide emission
allocation of zero tons per season during the ozone season.

(c)  Posting of emission allocations.  The Director shall post the
emission allocations for sources covered under this Rule on the
Division's web page.

(d)  Trading.  Sources shall comply with the requirements of this Rule
using the nitrogen oxide budget trading program set out in Rule .1419 of
this Section.

(e)  Monitoring. The owner or operator of a source subject to this Rule
shall show compliance using a continuous emission monitor that meets the
requirements of Rule .1404(d) of this Section.

(f)  Operation of control devices.  All emission control devices and
techniques installed to comply with this Rule shall be operated
beginning May 1 through September 30 in the manner in which they are
designed and permitted to be operated.

(g)  Days of violations.  For the purposes of this Rule, the number of
days of violation for a source shall be determined after the end of the
ozone season as follows:

(1)	To the source's allocation in this Rule, the allocations acquired
before December 1 of that year under Rule .1419 of this Section are
added and the allocations transferred before December 1 of that year
under Rule .1419 of this Section are subtracted.

(2)	The value calculated under Subparagraph (1) of this Paragraph is
compared to the actual emissions from the source for the ozone season.
If the value calculated under Subparagraph (1) of this Paragraph is
greater than or equal to the actual emissions from the source for the
ozone season, the source is in compliance. If the value calculated under
Subparagraph (1) of this Paragraph is less than the actual emissions
from the source for the ozone season, the source is not in compliance.

(3)	If the source is not in compliance, beginning with September 30, the
actual emissions for that day and each preceding day are subtracted from
the actual emissions for the ozone season until the value calculated
under Subparagraph (1) of this Paragraph is greater than or equal to the
actual emissions. Each day that the source operated after this day to
September 30 is a day of violation.

(h)  Modification and reconstruction, replacement, retirement, or change
of ownership. The modification or reconstruction of a source covered
under this Rule shall not make that source a "new" source under this
Rule. A source that is modified or reconstructed shall retain its
emission allocation under Paragraph (b) of this Rule.  If one or more
sources covered under this Rule is replaced, the new source shall
receive the allocation of the source, or sources, that it replaced
instead of an allocation under Rule .1421 of this Section.  If the owner
of a source changes, the emission allocations under this Rule and
revised emission allocations made under Rule .1420 of this Section shall
remain with the source.  If a source is retired, the owner or operator
of the source shall follow the procedures in 40 CFR 96.5.  The
allocations of a retired source shall remain with the owner or operator
of the retired source until a reallocation occurs under Rule .1420 of
this Section when the allocation shall be removed and given to other
sources if the retired source is still retired.

(i)  Additional controls.  The Environmental Management Commission may
specify through rulemaking a specific emission limit lower than that
established under this Rule for a specific source if compliance with the
lower emission limit is required as part of the State Implementation
Plan to attain or maintain the ambient air quality standard for ozone.

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

Temporary Adoption Eff. November 1, 2000;

Temporary Adoption Eff. August 1, 2001;

Eff. July 18, 2002;

Amended Eff. June 1, 2004.

15A NCAC 02D .1418	NEW ELECTRIC GENERATING UNITS, LARGE BOILERS, AND
LARGE I/C ENGINES

(a)  Electric generating units. Emissions of nitrogen oxides from any
fossil fuel-fired stationary boiler, combustion turbine, or combined
cycle system permitted after October 31, 2000, serving a generator with
a nameplate capacity greater than 25 megawatts electrical and selling
any amount of electricity shall not exceed:

(1)	0.15 pounds per million Btu for gaseous and solid fuels and 0.18
pounds per million Btu for liquid fuels if it is not covered under Rule
.0530 (prevention of significant deterioration) or .0531 (nonattainment
area major new source review) of this Subchapter;

(2)	0.15 pounds per million Btu for gaseous and solid fuels and 0.18
pounds per million Btu for liquid fuels or best available control
technology requirements of Rule .0530 of this Subchapter, whichever
requires the greater degree of reduction, if it is covered under Rule
.0530 of this Subchapter; or

(3)	lowest available emission rate technology requirements of Rule .0531
of this Subchapter if it is covered under Rule .0531 of this Subchapter.

(b)  Large boilers. Emissions of nitrogen oxides from any fossil
fuel-fired stationary boiler, combustion turbine, or combined cycle
system having a maximum design heat input greater than 250 million Btu
per hour which is permitted after October 31, 2000, and not covered
under Paragraph (a) of this Rule, shall not exceed:

(1)	 0.17 pounds per million Btu for gaseous and solid fuels and 0.18
pounds per million Btu for liquid fuels if it is not covered under Rule
.0530 (prevention of significant deterioration) or .0531 (nonattainment
area major new source review) of this Subchapter;

(2)	0.17 pounds per million Btu for gaseous and solid fuels and 0.18
pounds per million Btu for liquid fuels or best available control
technology requirements of Rule .0530 of this Subchapter, whichever
requires the greater degree of reduction, if it is covered under Rule
.0530 of this Subchapter; or

(3)	lowest available emission rate technology requirements of Rule .0531
of this Subchapter if it is covered under Rule .0531 of this Subchapter.

(c)  Internal combustion engines. The following reciprocating internal
combustion engines permitted after October 31, 2000, shall comply with
the applicable requirements in Rule .1423 of this Section if the engine
is not covered under Rule .0530 (prevention of significant
deterioration) or .0531 (nonattainment area major source review) of this
Subchapter:

(1)	rich burn stationary internal combustion engines rated at equal to
or greater than 2,400 brake horsepower,

(2)	lean burn stationary internal combustion engines rated at equal to
or greater than 2,400 brake horsepower,

(3)	diesel stationary internal combustion engines rated at equal to or
greater than 3,000 brake horsepower, or

(4)	dual fuel stationary internal combustion engines rated at equal or
to greater than 4,400 brake horsepower,

If the engine is covered under Rule .0530 of this Subchapter, it shall
comply with the requirements of Rule .1423 of this Section or the best
available control technology requirements of Rule .0530 of this
Subchapter, whichever requires the greater degree of reduction. If the
engine is covered under Rule .0531 of this Subchapter, it shall comply
with lowest available emission rate technology requirements of Rule
.0531 of this Subchapter.

(d)  Monitoring. The owner or operator of a source subject to this Rule
except internal combustion engines shall  show compliance using a
continuous emission monitor that meets the requirements of Rule .1404(d)
of this Section. Internal combustion engines shall comply with the
monitoring requirements in Rule .1423 of this Section. Monitors shall be
installed before the first ozone season in which the source will operate
and shall be operated each day during the ozone season that the source
operates.

(e)  Offsets.  If emission allocations are not granted under Rule .1421
of this Section or are not equal to or greater than the emissions of
nitrogen oxides of the source for that ozone season, until revised under
Rule .1420 of this Section, the owner or operator of the source shall
acquire emission allocations of nitrogen oxides under Rule .1419 of this
Section from other sources sufficient to offset its emissions. Sources
shall comply with the requirements of this Rule using the nitrogen oxide
budget trading program set out in Rule .1419 of this Section. The owner
or operator of internal combustion engines covered under Paragraph (c)
of this Rule shall not be required to obtain emission allocations or
emission reductions.

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

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

Eff. July 18, 2002;

Amended Eff. June 1, 2004.

15A NCAC 02D .1419	NITROGEN OXIDE BUDGET TRADING PROGRAM

(a)  Definitions. For the purposes of this Rule, the definitions in 40
CFR 96.2 shall apply except that:

(1)	"Permitting agency" means the North Carolina Division of Air
Quality.

(2)	"Fossil fuel fired" means fossil fuel fired as defined under Rule
.1401 of this Section instead of the definition in 40 CFR 96.2.

(b)  Existing sources. Sources covered under Rule .1416 or .1417 of this
Section shall comply with the requirements of Rule .1416 or .1417 of
this Section using the procedures of and complying with the requirements
of 40 CFR Part 96, Nitrogen Oxide Budget Trading Program for State
Implementation Plans, with the following exceptions:

(1)	Permit applications shall be submitted following the procedures and
schedules in this Section and in Subchapter 2Q of this Title instead of
the procedures and schedules in 40 CFR Part 96; and

(2)	The dates and schedules for monitoring systems in 40 CFR Part 96
shall not apply; however, if a source operates during the ozone season,
it shall have installed and begun operating by May 1, 2004, a continuous
emissions monitoring system that complies with 40 CFR Part 96.

(c)  New sources. Except for internal combustion engines, sources
covered under Rule .1418 of this Section shall comply with the
requirements of Rule .1418 of this Section using the procedures of and
complying with the requirements of 40 CFR Part 96, Budget Trading
Program for State Implementation Plans, with the following exceptions:

(1)	Permit applications shall be submitted following the procedures and
schedules in this Section and in Subchapter 2Q of this Title instead of
the procedures and schedules in 40 CFR Part 96; and

(2)	The dates and schedules for monitoring systems in 40 CFR Part 96
shall not apply; however, a source shall not operate during the ozone
season  until it has installed and is operating a continuous emissions
monitoring system that complies with 40 CFR Part 96.

(d)  Opt-in provisions. Boilers, turbines, and combined cycle systems
not covered under Rule .1416, .1417, or .1418 of this Section or
internal combustion engines may opt into the budget trading program of
40 CFR Part 96 by following the procedures and requirements of 40 CFR
Part 96, Subpart I, including using continuous emission monitors that
meet the requirements of 40 CFR Part 75, Subpart H. Before an internal
combustion engine opts into the budget trading program, the owner or
operator of the engine shall demonstrate that the continuous emissions
monitor on the engine can comply with the requirements of 40 CFR Part
75, Subpart H, by operating monitor on the engine under the conditions
specified in 40 CFR Part 75 for at least one ozone season before opting
into the budget trading program.

(e)  Divisional requirements. The Director and the Division of Air
Quality shall follow the procedures of 40 CFR Part 96 in reviewing
permit applications and issuing permits for NOx Budget sources, in
approving or disapproving monitoring systems for NOx Budget sources, and
in taking enforcement action against NOx Budget sources. The Director
may issue permits after May 1, 2003, for sources covered under this
Section that are participating in the nitrogen oxide budget trading
program under this Section. The provisions of 40 CFR Part 96 pertaining
to early reduction credits shall not apply.

(f)  Submitting emission allocations to the EPA. For sources covered
under Rule .1416, .1417, or .1418, the Director shall submit to the
Administrator of the Environmental Protection Agency NOx emission
allocations according to 40 CFR Part 96. The Environmental Management
Commission and the Director shall follow Rules .1416, .1417, and .1420
for emission allocations instead of the methodology specified in 40 CFR
Part 96. The Environmental Management Commission and the Director shall
follow, Rule .1421 of this Section for set-asides and new source
allocations instead of the provisions of 40 CFR Part 96. The
Environmental Management Commission and the Director shall follow Rule
.1422 of this Section for distributing the compliance supplement pool
instead of the provisions of 40 CFR Part 96.

(g)  EPA to administer. The United States Environmental Protection
Agency (EPA) shall administer the budget trading program of 40 CFR Part
96 on behalf of North Carolina. The Director shall provide the EPA the
information necessary under 40 CFR Part 96 for the EPA to administer 40
CFR Part 96 on behalf of North Carolina. The owner or operator of each
source covered under Rule .1416, .1417, or .1418, except internal
combustion engines, of this Section shall establish an account,
designate an authorized account representative, and comply with the
other requirements of 40 CFR Part 96 as necessary for the EPA to
administer the nitrogen oxide budget trading program on behalf of North
Carolina.

(h) Restrictions on trading. NOx emission allocations obtained under
this Rule shall not be used to meet the emission limits for a source if
compliance with that emission limit is required as part of the State
Implementation Plan to attain or maintain the ambient air quality ozone
standard. Sources covered under Rule .0531 (nonattainment area major new
source review) of this Subchapter shall not use the nitrogen oxide
budget trading program to comply with Rule .0531 of this Subchapter.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5), (7), (10);

Temporary Adoption Eff. November 1, 2000;

Temporary Adoption Eff. August 1, 2001;

Eff. July 18, 2002;

Amended Eff. June 1, 2004.

15a ncac 02d .1420	PERIODIC REVIEW AND REALLOCATIONS

(a)  Periodic Review.  In 2006 and every five years thereafter, the
Environmental Management Commission shall review the emission
allocations of sources covered under Rules .1416, .1417, or .1418 of
this Section and decide if any revisions are needed. In making this
decision the Environmental Management Commission shall consider the
following:

(1)	the size of the allocation pool for new source growth under Rule
.1421 of this Section;

(2)	the amount of emissions allocations requested under Rule .1421 of
this Section;

(3)	the amount of emissions allocations available through nitrogen oxide
budget trading program;

(4)	the impact of reallocation on existing sources;

(5)	the impact of reallocations on sources covered under Rule .1421 of
this Section;

(6)	impact on future growth; and

(7)	other relevant information on the impacts of reallocation.

(b)  If the Environmental Management Commission decides to revise
emission allocations, it shall propose for each source that has been
permitted for and has complied with an emission rate of 0.10 pounds per
million Btu or less, emission allocations greater than or equal to the
greater of:

(1)	the source's current allocation, or

(2)	an allocation calculated by multiplying the average of the source's
two highest seasonal energy inputs for the four most recent years by
0.15 pounds per million Btu and dividing by 2000.

(c)  Posting of emission allocations.  The Director shall post the new
emission allocations once they are adopted on the Division's web page.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5), (7), (10);

Temporary Adoption Eff. November 1, 2000;

Temporary Amendment Eff. August 1, 2001;

Eff. July 18, 2002.

15A NCAC 02D .1421	ALLOCATIONS FOR NEW GROWTH OF MAJOR POINT SOURCES

(a)  Purpose.  The purpose of this Rule is to establish an allocation
pool from which emission allocations of nitrogen oxides may be allocated
to sources permitted after October 31, 2000.

(b)  Eligibility.  This Rule applies only to the following types of
sources covered under Rule .1418 of this Section, and permitted after
October 31, 2000:

(1)	fossil fuel-fired stationary boilers, combustion turbines, or
combined cycle systems serving a generator with a nameplate capacity
greater than 25 megawatts electrical and selling any amount of
electricity; or

(2)	fossil fuel-fired stationary boilers, combustion turbines, or
combined cycle systems having a maximum design heat input greater than
250 million Btu per hour that are not covered under Subparagraph (1) of
this Paragraph;

(c)  Requesting allocation.  To receive emission allocations under this
Rule, the owner or operator of the source shall provide the following
written documentation to the Director before January 1 of the year
preceding the ozone season for which the emission allocation is sought:

(1)	a description of the combustion source or sources including heat
input;

(2)	evidence that the source complies with the emission limit under Rule
.1418 of this Section;

(3)	an estimate of the actual emissions of nitrogen oxides in tons per
ozone season;

(4)	the expected hours of operation during the ozone season;

(5)	the date on which the source is expected to begin operating if it is
not already operating;

(6)	the tons per ozone season of emission allocations being requested
(the amount requested shall be the lesser of the estimated actual
emissions under Subparagraph (3) of this Paragraph or the product of the
emission limit under Rule .1418 of this Section times the maximum design
heat input in millions of Btu per hour times the number of hours that
the source is projected to operate (not to exceed 3672 hours) divided by
2000); and

(7)	a description of the monitoring, recordkeeping, and reporting plan
that will assure continued compliance.

(d)  Approving requests. The Director shall approve a request for
emissions allocation if he finds that:

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

(2)	The request was received before January 1;

(3)	The source is eligible for emission allocations under this Rule;

(4)	The source complies with Rule .1418 of this Section;

(5)	The requested emission allocations do not exceed the estimated
actual emissions of nitrogen oxides;

(6)	The source has or is likely to have an air quality permit before the
end of the upcoming ozone season; and

(7)	The source is operating or is scheduled to begin operating before
the end of the upcoming ozone season.

(e)  Preliminary allocations.  By March 1 before each ozone season, the
Director shall have calculated and posted on the Division's web page
preliminary emission allocations for sources whose requests under this
Rule he has approved. Preliminary emission allocations shall be
determined as follows:

(1)	If the emission allocations requested do not exceed the amount in
the pool, each source shall have a preliminary allocation equal to its
request.

(2)	If the emission allocations requested exceed the amount in the pool,
each source's emission allocations shall be calculated as follows:

(A)	For each source, its maximum design heat input in millions of Btu
per hour is multiplied by the number of hours that the source is
projected to operate not to exceed 3672 hours; this product is the
source's seasonal heat input.

(B)	The seasonal heat inputs calculated under Part (A) of this
Subparagraph are summed.

(C)	For each source, its seasonal heat input calculated under Part (A)
of this Subparagraph is multiplied by the tons of emission allocations
in the allocation pool and divided by the sum of seasonal heat inputs
calculated under Part (B) of this Subparagraph; this amount is the
source's preliminary emission allocations.

The preliminary emission allocations computed under this Paragraph may
be revised under Paragraph (f) of this Rule after the ozone season.
Emissions allocations issued under this Paragraph are solely for
planning purposes and are not reported to the EPA to be recorded in
allowance tracking system account.  The emission allocations granted
under Paragraph (f) of this Rule shall be the emission allocations
granted the source to offset its emissions.

(f)  Final allocations.  According to Paragraph (g) of this Rule, the
Director shall grant emission allocations for each source for which he
has approved an allocation from the allocation pool as follows:

(1)	For each individual source, its allowable emission rate under Rule
.1418 of this Section is multiplied by its heat input during the ozone
season.  This product is divided by 2000.

(2)	The lesser of the source's actual emissions of nitrogen oxides, the
value calculated under Subparagraph (1) of this Paragraph, or the
preliminary emission allocations determined under Paragraph (e) of this
Rule shall be the source's emission allocation from the allocation pool.
 Emissions allocations granted under this Paragraph are reported to the
EPA to be recorded in allowance tracking system account.

(g)  Issuance of final allocations.  By November 1 following each ozone
season, the Director shall issue final allocations according to
Paragraph (f) of this Rule and shall notify each source that receives an
allocation of the amount of allocation that it has been granted.  By
November 1 following the ozone season, the Director shall also notify
the EPA of allocations issued and to whom they have been issued and the
amount issued to each source.  The Director shall post the final
allocations on the Division's web page.

(h)  Allocation pool.

(1)	Before the EPA promulgation of revisions after November 1, 2000, to
40 CFR Part 51, Subpart G, revising the nitrogen oxide budget for North
Carolina, the allocation pool shall contain the following:

(A)	in 2004, 122 tons;

(B)	in 2005, 599 tons plus emission allocations carried over from the
previous year;

(C)	in 2006, 505 tons plus emission allocations carried over from the
previous year; and

(D)	in 2007, 1,058 tons plus emission allocations carried over from the
previous year.

(2)	After the EPA promulgates revisions after November 1, 2000, to 40
CFR Part 51, Subpart G, revising the nitrogen oxide budget for North
Carolina, the allocation pool shall contain the following:

(A)	in 2004, 122 tons;

(B)	in 2005, 78 tons plus emission allocations carried over from the
previous year;

(C)	in 2006, 1117 tons plus emission allocations carried over from the
previous year; and

(D)	in 2007, 1670 tons plus emission allocations carried over from the
previous year.

(i)  Changes in the allocation pool. By July 1, 2006, the Commission
shall begin to develop and adopt through rulemaking allocations for 2008
and later years.

(j)  Carryover. Emission allocations remaining in the allocation pool at
the end of the year shall be carried over into the next year for use
during the next ozone season.

(k)  Future requests. Once the owner or operator of a source has made a
request under this Rule for emission allocations from the allocation
pool, he does not have to request emission allocations under this Rule
in future years. The request shall automatically be included in
following years as long as the source remains eligible for emission
allocations under this Rule.

(l)  Loss of eligibility.  Once a source receives emission allocations
under Rule .1420 of this Section, it shall no longer be eligible for
emission allocations under this Rule.

(m)  Use of allocation. Allocations granted under this rule apply only
to the ozone season immediately preceding the issuance of final
allocations under Paragraph (g) of this Rule.  Allocations issued under
Paragraph (g) of this Rule for use in one year do not carry forward into
any following ozone season. Allocations granted under this Rule shall be
calculated for each ozone season.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143 215.107(a)(5), (7), (10);

Temporary Adoption Eff. November 1, 2000;

Temporary Adoption Eff. August 1, 2001;

Eff. July 18, 2002.

15A NCAC 2D .1422	COMPLIANCE SUPPLEMENT POOL CREDITS

(a)  Purpose. The purpose of this Rule is to regulate North Carolina's
eligibility for and use of the Compliance Supplement Pool under 40 CFR
51.121(e)(3).

(b)  Eligibility. Sources covered under Rule .1416 of this Section may
earn Compliance Supplement Pool Credits for those nitrogen oxide
emissions reductions required by Rule .1416 of this Section that are
achieved during the ozone season after September 30, 1999 and are
demonstrated using baseline and current emissions determined according
to 40 CFR Part 75 before May 1, 2003, and are beyond the total emission
reductions required under 40 CFR Part 76 or any other provision of the
federal Clean Air Act.

(c)  Credits. The Compliance Supplement Pool Credits earned under this
Rule shall be tabulated in tons of nitrogen oxides reduced per ozone
season. The control device, modification, or change in operational
practice that enables the combustion source or sources to achieve the
emissions reductions shall be permitted. The facility shall provide the
Division of Air Quality with written notification certifying the
installation and operation of the control device or the modification or
change in operational practice that enables the combustion source or
sources to achieve the emissions reduction. Only emission reductions
that are beyond emission reductions required under 40 CFR Part 76 or any
other provision of the federal Clean Air Act are creditable Compliance
Supplement Pool Credits. Credits are counted in successive seasons
through May 1, 2003. Seasonal credits shall be recorded in a Division of
Air Quality database and will accumulate in this database until May 1,
2003. At that point a cumulative total of all the Compliance Supplement
Pool Credits earned during the entire period shall be tabulated. These
credits will then be available for use by the State of North Carolina to
achieve compliance with the State ozone season NOx budget.

(d)  Requesting credits. In order to earn Compliance Supplement Pool
Credits, the owner or operator of the facility shall provide the
following written documentation to the Director before January 1, 2003.

(1)	the combustion source or sources involved in the emissions
reduction;

(2)	the start date of the emissions reduction;

(3)	a description of the add-on control device, modification, or change
in operational practice that enables the combustion source or sources to
achieve the emissions reduction;

(4)	the current and baseline emissions of nitrogen oxides of the
combustion source or sources involved in this reduction in terms of tons
of nitrogen oxides per season;

(5)	the amount of reduction of emissions of nitrogen oxides achieved by
this action in tons of nitrogen oxides per season per combustion source
involved;

(6)	the total reduction of nitrogen oxides achieved by this action in
tons of nitrogen oxides per season for all the combustion sources
involved;

(7)	a demonstration that the proposed action has reduced the emissions
of nitrogen oxides from the combustion sources involved by the amount
specified in Subparagraphs (d)(5) and (d)(6) of this Rule; and

(8)	a description of the monitoring, recordkeeping, and reporting plan
used to ensure continued compliance with the proposed emissions
reduction activity; continuous emissions monitors shall be used to
monitor emissions.

(e)  Approving requests. Before any Compliance Supplement Pool Credits
can be allocated, the Director shall have to approve them. The Director
shall approve credits if he finds that:

(1)	early emissions reductions are demonstrated using baseline and
current emissions determined according to 40 CFR Part 75 to be beyond
the reductions required under 40 CFR Part 76, Acid Rain Nitrogen Oxides
Emission Reduction Program and any other requirement of the federal
Clean Air Act;

(2)	the emission reductions are achieved after September 30, 1999, and
before May 1, 2003, and

(3)	all the information and documentation required under Paragraph (d)
of this Rule have been submitted.

The Director shall notify the owner or operator of the source and EPA of
his approval or disapproval of a request and of the amount of Compliance
Supplement Pool Credits approved. If the Director disapproves a request
or part of a request, he shall explain in writing to the owner or
operator of the source the reasons for disapproval.

(f)  Compliance supplement pool. The Director shall verify that the
Compliance Supplement Pool Credits do not exceed a statewide total of
10,737 tons for all the ozone seasons of the years 2003, 2004, and 2005.

(g)  Interim report. The owner or operators of the facility shall submit
to the Director by January 1, 2001 and January 1, 2002 an interim report
that contains the information in Paragraph (d) of this Rule for the
previous ozone season.

(h)  Recording credits. Based on the interim reports submitted under
Paragraph (g) of this Rule, the Division shall record the Compliance
Supplement Pool Credits earned under this Rule in a central database.
The Division of Air Quality shall maintain this database. These credits
shall be recorded in tons of emissions of nitrogen oxides reduced per
season with the actual start date of the reduction activity. Based on
the final formal request submitted under Paragraph (d) of this Rule as
approved under Paragraph (e) of this Rule, the Director shall finalize
the Compliance Supplement Pool Credits earned and record the final
earned credits in the Division's database. .

(i)  Use of credits. Final earned Compliance Supplement Pool Credits
shall be available for Carolina Power & Light Co. and Duke Power Co. to
use in 2003. The allocations of Carolina Power & Light Co.'s sources and
Duke Power Co.'s sources in Rule .1416 of this Section shall be reduced
for 2004 or 2005 by the amount of Compliance Supplement Pool Credits
used in 2003 using the procedures in Paragraph (k) of this Rule.
Compliance Supplement Pool Credits not used in 2003 shall be available
for use by the Director of the Division of Air Quality to offset excess
emissions of nitrogen oxides in order to achieve compliance with the
North Carolina ozone season NOx budget after May 30, 2004, but no later
than September 30, 2005. The credits shall be used on a one for one
basis, that is, one ton per season of credit can be used to offset one
ton, or less, per season of excess emissions to achieve compliance with
the requirements of Rule .1416 or .1417 of this Section. All credits
shall expire and will no longer be available for use after November 30,
2005.

(j)  Reporting. The Director shall report:

(1)	to the EPA, Carolina Power & Light Co. and Duke Power Co. by:

(A)	March 1, 2003 the Compliance Supplement Pool Credits earned by
Carolina Power & Light Co. and by Duke Power Co.; and

(B)	March 1, 2004 the reductions in allocations calculated under
Paragraphs (k) and (l) of this Rule; and

(2)	to the EPA by:

(A)	December 1, 2003, the Compliance Supplement Pool Credits used
beginning May 1 through September 30, 2003;

(B)	December 1, 2004, the Compliance Supplement Pool Credits used
beginning May 31 through September 30, 2004; and

(C)	December 1, 2005, the Compliance Supplement Pool Credits used
beginning May 1 through September 30, 2005.

(k)  Using Compliance Supplement Pool Credits in 2003. Carolina Power &
Light Co. and Duke Power Co. may use Compliance Supplement Pool Credits
in 2003. If they do use Compliance Supplement Pool Credits in 2003, then
the allocations for their sources in Rule .1416 of this Section shall be
reduced for 2004 or 2005 by the amount of Compliance Supplement Pool
Credits used in 2003. Before the Director approves the use of Compliance
Supplement Pool Credits in 2003, the company shall identify the sources
whose allocations are to be reduced to offset the Compliance Supplement
Pool Credits requested for 2003 and the year (2004 or 2005) in which the
allocation is reduced. The Director shall approve no more than 4,295
tons for Carolina Power & Light Co. and no more than 6,442 tons for Duke
Power Co. The Director shall approve no more than 5,771 tons being
offset by reductions in allocations in 2004 and no more than 4,966 tons
being offset by reductions in allocations in 2005.

(l)  Failure to receive sufficient credits. If the sum of Compliance
Supplement Pool Credits received by Carolina Power & Light Co. and Duke
Power Co. are less than 10,737 tons, the following procedure shall be
used to reduce the allocations in Rule .1416 of this Section:

(1)	If the Compliance Supplement Pool Credits received by Carolina Power
& Light Co. are less than 4,295 tons, and the Compliance Supplement Pool
Credits received by Duke Power Co. are greater than or equal to 6,442
tons, the allocation for Carolina Power & Light Co.'s sources shall be
reduced by the amount obtained by subtracting from 10,737 tons the sum
of Compliance Supplement Pool Credits received by Carolina Power & Light
Co. and Duke Power Co. The allocations of Carolina Power & Light Co.'s
sources shall be reduced using the procedure in Subparagraph (4) of this
Paragraph.

(2)	If the Compliance Supplement Pool Credits received by Duke Power Co.
are less than 6,442 tons, and the Compliance Supplement Pool Credits
received by Carolina Power & Light Co. are greater than or equal to
4,295 tons, the allocation for Duke Power Co.'s sources shall be reduced
by the amount obtained by subtracting from 10,737 tons the sum of
Compliance Supplement Pool Credits received by Carolina Power & Light
Co. and Duke Power Co. The allocations of Duke Power Co.'s sources shall
be reduced using the procedure in Subparagraph (4) of this Paragraph.

(3)	If the Compliance Supplement Pool Credits received by Carolina Power
& Light Co. are less than 4,295 tons, and the Compliance Supplement Pool
Credits received by Duke Power Co. are less than 6,442 tons:

(A)	The allocation for Carolina Power & Light Co.'s sources shall be
reduced by the amount obtained by subtracting from 4,295 tons the
Compliance Supplement Pool Credits received by Carolina Power & Light
Co. The allocations of Carolina Power & Light Co.'s sources shall be
reduced using the procedure in Subparagraph (4) of this Paragraph; and

(B)	The allocation for Duke Power Co.'s sources shall be reduced by the
amount obtained by subtracting from 6,442 tons the Compliance Supplement
Pool Credits received by Duke Power Co. The allocations of Duke Power
Co.'s sources shall be reduced using the procedure in Subparagraph (4)
of this Paragraph.

(4)	When the allocations in Rule .1416 of this Section for Carolina
Power & Light Co.'s sources or for Duke Power Co.'s sources are required
to be reduced, the following procedure shall be used:

(A)	If the reduction required is less than or equal to 4,966 tons, then
following procedure shall be used:

(i)	The allocation of all sources listed in Rule .1416 of this Section
for 2005 for Carolina Power & Light Co. or Duke Power Co. are summed.

(ii)	The reduction required under Subparagraph (1), (2), or (3) of this
Paragraph is subtracted from the sum computed under Subpart (i) of this
Part.

(iii)	The allocation of each source listed in Rule .1416 of this Section
for 2005 for Carolina Power & Light Co. or Duke Power Co. is multiplied
by the value computed under Subpart (ii) of this Part and divided by the
value computed under Subpart (i) of this Part. The result is the revised
allocation for that source.

(B)	If the reduction required is more than 4,966 tons, then the
following procedure shall be used:

(i)	The reduction for the allocations for 2005 is determined using the
procedure under Part (A) of this Subparagraph and substituting 4,966 as
the reduction required under Subpart (A)(ii) of this Subparagraph.

(ii)	The reduction for the allocations for 2004 shall be determined
using the following procedure:

(I)	The reduction required under Subparagraph (1), (2), or (3) of this
Paragraph is subtracted from 4,966.

(II)	The allocations of all sources listed in Rule .1416 of this Section
for 2004 for Carolina Power & Light Co. or Duke Power Co. for 2004 are
summed.

(III)	The allocation of each source listed in Rule .1416 of this Section
for 2004 for Carolina Power & Light Co. or Duke Power Co. is multiplied
by the value computed under Sub-Subpart (I) of this Subpart and divided
by the value computed Sub-Subpart (II) of this Subpart. The result is
the revised allocation for that source

(m)  If allocations are reduced in 2004 or 2005 for Carolina Power &
Light Co. or Duke Power Co. under Paragraph (k) or (l) of this Rule, the
company whose allocations are reduced shall reduce its allocations by
returning allowances through the use of allowance transfers to the State
following the procedures in 40 CFR Part 96. These allowances shall be
retired.

History Note:	Authority G.S. 143-215.3(a)(1);143-215.65; 143-215.66;
143-215.107(a)(5), (7), (10);

Temporary Adoption Eff. August 1, 2001;

Eff. July 18, 2002;

Amended Eff. June 1, 2004.

15A ncac 02d .1423	LARGE INTERNAL COMBUSTION ENGINES

(a)  Applicability. This Rule applies to the following internal
combustion engines permitted after October 30, 2000 that are subject to
Rule .1418 of this Section but are not subject to Rules .0530
(prevention of significant deterioration) or .0531 (nonattainment area
major new source review) of this Subchapter:

(1)	rich burn stationary internal combustion engines rated at equal or
greater than 2,400 brake horsepower;

(2)	lean burn stationary internal combustion engines rated at equal or
greater than 2,400 brake horsepower;

(3)	diesel stationary internal combustion engines rated at equal or
greater than 3,000 brake horsepower; or

(4)	dual fuel stationary internal combustion engines rated at equal or
greater than 4,400 brake horsepower.

(b)  Emission limitation. The owner or operator of a stationary internal
combustion engine shall not cause to be emitted into the atmosphere
nitrogen oxides in excess of the following applicable limit, expressed
as nitrogen dioxide corrected to 15 percent parts per million by volume
(ppmv) stack gas oxygen on a dry basis, averaged over a rolling 30-day
period, as may be adjusted under Paragraph (c) of this Rule:

MAXIMUM ALLOWABLE EMISSION CONCENTRATION FOR

STATIONARY INTERNAL COMBUSTION ENGINES

(parts per million)

Engine Type	Limitation

	Rich-burn	110

	Lean-burn	125

	Diesel	175

	Dual fuel	125

(c)  Adjustment. Each emission limit expressed in Paragraph (b) of this
Rule may be multiplied by X, where X equals the engine efficiency (E)
divided by a reference efficiency of 30 percent. Engine efficiency (E)
shall be determined using one of the methods specified in Subparagraphs
(1) or (2) of this Paragraph, whichever provides a higher value.
However, engine efficiency (E) shall not be less than 30 percent. An
engine with an efficiency lower than 30 percent shall be assigned an
efficiency of 30 percent.

(1)

      (Engine output)*(100)

E=

              Energy input

where energy input is determined by a fuel measuring device accurate to
plus or minus 5 percent and is based on the higher heating value (HHV)
of the fuel. Percent efficiency (E) shall be averaged over 15
consecutive minutes and measured at peak load for the applicable engine.

(2)

       Manufacturer's Rated Efficiency [continuous] at LHV)*(LHV)

E=

                                                 HHV

where LHV is the lower heating value of the fuel; and HHV is the higher
heating value of the fuel.

(d)  Compliance determination and monitoring. The owner or operator of
an internal combustion engine subject to the requirements of this Rule
shall determine compliance using:

(1)	a continuous emissions monitoring system (CEMS) which meets the
applicable requirements of Appendices B and F of 40 CFR part 60,
excluding data obtained during periods specified in Paragraph (g) of
this Rule and Rule .1404 of this Section; or

(2)	an alternate calculated and recordkeeping procedure based on actual
emissions testing and correlation with operating parameters. The
installation, implementation, and use of this alternate procedure shall
be approved by the Director before it may be used. The Director may
approve the alternative procedure if he finds that it can show the
compliance status of the engine.

(e)  Reporting requirements. The owner or operator of a stationary
internal combustion engine subject to this Rule shall submit:

(1)	a report documenting the engine's total nitrogen oxide emissions
beginning May 1 and ending September 30 of each year to the Director by
October 31 of each year, beginning with the year of first ozone season
that the engine operates;

(2)	an excess emissions and monitoring systems performance report,
according to the requirements of 40 CFR 60.7(c) and 60.13, if a
continuos emissions monitoring system is used.

(f)  Recordkeeping requirements. The owner or operator of a stationary
internal combustion engine subject to this Rule shall maintain all
records necessary to demonstrate compliance with the Rule for two
calendar years at the facility at which the engine is located. The
records shall be made available to the Director upon request. The owner
or operator shall maintain records of the following information for each
day the engine operates:

(1)	identification and location of the engine;

(2)	calendar date of record;

(3)	the number of hours the engine operated during each day, including
startups, shutdowns, and malfunctions, and the type and duration of
maintenance and repairs;

(4)	date and results of each emissions inspection;

(5)	a summary of any emissions corrective maintenance taken;

(6)	the results of all compliance tests; and

(7)	if a unit is equipped with a continuous emission monitoring system:

(A)	identification of time periods during which nitrogen oxide standards
are exceeded, the reason for the excess emissions, and action taken to
correct the excess emissions and to prevent similar future excess
emissions; and

(B)	identification of the time periods for which operating conditions
and pollutant data were not obtained including reasons for not obtaining
sufficient data and a description of corrective actions taken.

(g)  Exemptions. The emission standards of this Rule shall not apply to
the following periods of operation:

(1)	start-up and shut-down periods and periods of malfunction, not to
exceed 36 consecutive hours;

(2)	regularly scheduled maintenance activities.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;
143-215.107(a)(5), (7), (10);

Temporary Adoption Eff. August 1, 2001;

Eff. July 18, 2002.

SECTION .1600 - GENERAL CONFORMITY

15A NCAC 02D .1601	PURPOSE, SCOPE AND APPLICABILITY

(a)  The purpose of this Section is also to assure that a federal action
conforms with all plans required of areas designated as nonattainment or
maintenance under 40 CFR 81.334 and listed in Paragraph (b) or (c) of
this Rule.  No department, agency, or instrumentality of the Federal
Government shall engage in, support in any way or provide financial
assistance for, license or permit, or approve any activity which does
not conform to these maintenance plans.

(b)  This Section applies to the emissions of volatile organic compounds
and nitrogen oxides in the following areas:

(1)	Davidson County,

(2)	Durham County,

(3)	Forsyth County,

(4)	Gaston County,

(5)	Guilford County,

(6)	Mecklenburg County,

(7)	Wake County,

(8)	Dutchville Township in Granville County, and

(9)	that part of Davie County bounded by the Yadkin River, Dutchmans
Creek, North Carolina Highway 801, Fulton Creek, and back to the Yadkin
River.

(c)  This Section applies to the emissions of carbon monoxide in the
following areas:

(1)	Durham County,

(2)	Forsyth County,

(3)	Mecklenburg County, and

(4)	Wake County.

(d)  This Section applies, in the areas identified in Paragraph (b) or
(c) of this Rule for the pollutants identified in Paragraph (b) or (c)
of this Rule, to federal actions not covered by Section .2000 of this
Subchapter.

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

Eff. April 1, 1995;

Amended Eff. April 1, 1999.

15A NCAC 02D .1602	DEFINITIONS

For the purposes of this Section, the definitions contained in 40 CFR
51.852 apply.

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

Eff. April 1, 1995.

15A NCAC 02D .1603	GENERAL CONFORMITY DETERMINATION

(a)  The appropriate federal agency shall make a determination that a
federal action conforms with the maintenance plans for the areas
identified in Rule .1601 of this Section in accordance with the
requirements of this Section before the action is taken with the
exceptions specified in 40 CFR 51.850(c).  A conformity determination is
required for each pollutant where the total of direct and indirect
emissions caused by a federal action would equal or exceed 100 tons per
year of carbon monoxide, nitrogen oxides, or volatile organic compounds,
with the exceptions specified in 40 CFR 51.853(c), (d), or (e).  The
Division shall provide technical assistance for the analysis necessary
to determine the conformity of the federal action.

(b)  Notwithstanding any other requirements of this Section, actions
specified by individual federal agencies that have met the requirements
of 40 CFR 51.853(g) and (h) are presumed to conform, except as provided
in 40 CFR 51.853(j).  Where 40 CFR 51.853(j) is applicable, the
requirements of 40 CFR 51.853(j) shall apply.

(c)  Any federal department, agency, or instrumentality of the federal
government taking an action subject to this Section shall comply with
the requirements of 40 CFR 51.854 through 51.859.  Any measures that are
intended to mitigate air quality impacts shall comply with the
requirements of 40 CFR 51.860.

(d)  Notwithstanding any other requirement of this Section, when the
total direct and indirect emissions of any pollutant from a federal
action does not equal or exceed the rates specified in 40 CFR 51.853(b),
but represents ten percent or more of the maintenance area's total
emissions of that pollutant, the action is defined as a regionally
significant action and the requirements of 40 CFR 51.850 and 51.855
through 51.860 shall apply for the federal action.

(e)  Notwithstanding any provision of this Section, a determination that
an action is in conformance with the applicable maintenance plan does
not exempt the action from any other requirement of the applicable
maintenance plan, the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.), or the federal Clean Air Act.

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

Eff. April 1, 1995;

Amended Eff. July 1, 1998.

SECTION .1900 - OPEN BURNING

15A NCAC 02D .1901	OPEN BURNING: PURPOSE: SCOPE

(a)  Open Burning Prohibited.  A person shall not cause, allow, or
permit open burning of combustible material except as allowed by Rule
.1903 and Rule .1904 of this Section.

(b)  Purpose.  The purpose of this Section is to control air pollution
resulting from the open burning of combustible materials and to protect
the air quality in the immediate area of the open burning.

(c)  Scope.  This Section applies to all operations involving open
burning.  This Section does not authorize any open burning which is a
crime under G.S. 14-136 through G.S. 14-140.1, or affect the authority
of the Division of Forest Resources to issue or deny permits for open
burning in or adjacent to woodlands as provided in G.S. 113-60.21
through G.S. 113-60.31.  This Section does not affect the authority of
any local government to regulate open burning through its fire codes or
other ordinances.  The issuance of any open burning permit by the
Division of Forest Resources or any local government does not relieve
any person from the necessity of complying with this Section or any
other air quality rule.

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

Eff. July 1, 1996;

Amended Eff. July 1, 2007; June 1, 2004.

15A NCAC 02D .1902	DEFINITIONS

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

(1)	"Air Curtain Burner" means a stationary or portable combustion
device that directs a plane of high velocity forced draft air through a
manifold head into a pit or container with vertical walls in such a
manner as to maintain a curtain of air over the surface of the pit and a
recirculating motion of air under the curtain.

(2)	"Air Quality Action Day Code 'Orange' or above" means an air quality
index greater than 100 as defined in 40 CFR Part 58, Appendix G.

(3)	"Air quality forecast area" means for

(a)	Asheville air quality forecast area: Buncombe, Haywood, Henderson,
Jackson, Madison, Swain, Transylvania, and Yancey Counties;

(b)	Charlotte air quality forecast area: Cabarrus, Gaston, Iredell South
of Interstate 40, Lincoln, Mecklenburg, Rowan, and Union Counties;

(c)	Hickory air quality forecast area: Alexander, Burke, Caldwell, and
Catawba Counties;

(d)	Fayetteville air quality forecast area: Cumberland and Harnett
Counties;

(e)	Rocky Mount air quality forecast area: Edgecombe and Nash Counties;

(f)	Triad air quality forecast area: Alamance, Caswell, Davidson, Davie,
Forsyth, Guilford, Randolph, Rockingham, and Stokes Counties; and

(g)	Triangle air quality forecast area: Chatham, Durham, Franklin,
Granville, Johnston, Person, Orange, Vance, and Wake Counties.

(4)	"Smoke management plan" means the plan developed following the North
Carolina Division of Forest Resources' smoke management program and
approved by the North Carolina Division of Forest Resources. The purpose
of the smoke management plan is to manage smoke from prescribed burns of
public and private forests to minimize the impact of smoke on air
quality and visibility.

(5)	"Dangerous materials" means explosives or containers used in the
holding or transporting of explosives.

(6)	"HHCB" means the Health Hazards Control Branch of the Division of
Epidemiology.

(7)	"Initiated" means start or ignite a fire or reignite or rekindle a
fire.

(8)	"Land clearing" means the uprooting or clearing of vegetation in
connection with construction for buildings; right-of-way maintenance;
agricultural, residential, commercial, institutional, or industrial
development; mining activities; or the initial clearing of vegetation to
enhance property value; but does not include routine maintenance or
property clean-up activities.

(9)	"Log" means any limb or trunk whose diameter exceeds six inches.

(10)	"Nonattainment area" means an area identified in 40 CFR 81.334 as
nonattainment.

(11)	"Nuisance" means causing physical irritation exacerbating a
documented medical condition, visibility impairment, or evidence of soot
or ash on property or structure other than the property on which the
burning is done.

(12)	"Occupied structure" means a building in which people may live or
work or one intended for housing farm or other domestic animals.

(13)	"Off-site" means any area not on the premises of the land-clearing
activities.

(14)	"Open burning" means the burning of any matter in such a manner
that the products of combustion resulting from the burning are emitted
directly into the atmosphere without passing through a stack, chimney,
or a permitted air pollution control device.

(15)	"Operator" as used in .1904(b)(6) and .1904(b)(2)(D) of this
Section, means the person in operational control over the open burning.

(16)	"Person" as used in 02D .1901(c), means:

(a)	the person in operational control over the open burning; or

(b)	the landowner or person in possession or control of the land when he
has directly or indirectly allowed the open burning or has benefited
from it.

(17)	"Pile" means a quantity of combustible material assembled together
in a mass.

(18)	"Public pick-up" means the removal of refuse, yard trimmings,
limbs, or other plant material from a residence by a governmental
agency, private company contracted by a governmental agency or municipal
service.

(19)	"Public road" means any road that is part of the State highway
system; or any road, street, or right-of-way dedicated or maintained for
public use.

(20)	"RACM" means regulated asbestos containing material as defined in
40 CFR 61.142.

(21)	"Refuse" means any garbage, rubbish, or trade waste.

(22)	"Regional Office Supervisor" means the supervisor of personnel of
the Division of Air Quality in a regional office of the Department of
Environment and Natural Resources.

(23)	"Salvageable items" means any product or material that was first
discarded or damaged and then all, or part, was saved for future use,
and include insulated wire, electric motors, and electric transformers.

(24)	"Synthetic material" means man-made material, including tires,
asphalt materials such as shingles or asphaltic roofing materials,
construction materials, packaging for construction materials, wire,
electrical insulation, and treated or coated wood.

(25)	"Permanent site" means for an air curtain burner, a place where an
air curtain burner is operated for more than nine months.

History Note:	Authority G.S. 143-212; 143-213; 143-215.3(a)(1);

Eff. July 1, 1996;

Amended Eff. July 1, 2007; December 1, 2005; June 1, 2004; July 1, 1998.

.15A NCAC 02D .1903	OPEN BURNING WITHOUT AN AIR QUALITY PERMIT

(a)  All open burning is prohibited except open burning allowed under
Paragraph (b) of this Rule or Rule .1904 of this Section. Except as
allowed under Paragraphs (b)(3) through (b)(9) of this Rule, open
burning shall not be initiated in an air quality forecast area that the
Department, or the Forsyth County Environmental Affairs Department for
the Triad air quality forecast area, has forecasted to be in an Air
Quality Action Day Code "Orange" or above during the time period covered
by that forecast.

(b)  The following types of open burning are permissible without an air
quality permit:

(1)	open burning of leaves, tree branches or yard trimmings, excluding
logs and stumps, if the following conditions are met:

(A)	The material burned originates on the premises of private residences
and is burned on those premises;

(B)	There are no public pickup services available;

(C)	Non-vegetative materials, such as household garbage, lumber, or any
other synthetic materials are not burned;

(D)	The burning is initiated no earlier than 8:00 a.m. and no additional
combustible material is added to the fire between 6:00 p.m. on one day
and 8:00 a.m. on the following day;

(E)	The burning does not create a nuisance; and

(F)	Material is not burned when the Division of Forest Resources has
banned burning for that area.

(2)	open burning for land clearing or right-of-way maintenance if the
following conditions are met:

(A)	The wind direction at the time that the burning is initiated and the
wind direction as forecasted by the National Weather Service at the time
that the burning is initiated are away from any area, including public
roads within 250 feet of the burning as measured from the edge of the
pavement or other roadway surface, which may be affected by smoke, ash,
or other air pollutants from the burning;

(B)	The location of the burning is at least 1,000 feet from any
dwelling, group of dwellings, or commercial or institutional
establishment, or other occupied structure not located on the property
on which the burning is conducted. The regional office supervisor may
grant exceptions to the setback requirements if:

(i)	a signed, written statement waiving objections to the open burning
associated with the land clearing operation is obtained and submitted
to, and the exception granted by, the regional office supervisor before
the burning begins from a resident or an owner of each dwelling,
commercial or institutional establishment, or other occupied structure
within 1,000 feet of the open burning site. In the case of a lease or
rental agreement, the lessee or renter shall be the person from whom
permission shall be gained prior to any burning; or

(ii)	an air curtain burner that complies with Rule .1904 of this
Section, is utilized at the open burning site.

Factors that the regional supervisor shall consider in deciding to grant
the exception include all the persons who need to sign the statement
waiving the objection have signed it, the location of the burn, and the
type, amount, and nature of the combustible substances. The regional
supervisor shall not grant a waiver if a college, school, licensed day
care, hospital, licensed rest home, or other similar institution is less
than 1000 feet from the proposed burn site when such institution is
occupied.

(C)	Only land cleared plant growth is burned. Heavy oils, asphaltic
materials such as shingles and other roofing materials, items containing
natural or synthetic rubber, or any materials other than plant growth
shall not be burned; however, kerosene, distillate oil, or diesel fuel
may be used to start the fire;

(D)	Initial burning begins only between the hours of 8:00 a.m. and 6:00
p.m., and no combustible material is added to the fire between 6:00 p.m.
on one day and 8:00 a.m. on the following day;

(E)	No fires are initiated or vegetation added to existing fires when
the Division of Forest Resources has banned burning for that area; and

(F)	Materials are not carried off-site or transported over public roads
for open burning unless the materials are carried off-site or
transported over public roads to facilities permitted according to Rule
.1904 of this Section for the operation of an air curtain burner at a
permanent site;

(3)	camp fires and fires used solely for outdoor cooking and other
recreational purposes, or for ceremonial occasions, or for human warmth
and comfort and which do not create a nuisance and do not use synthetic
materials or refuse or salvageable materials for fuel;

(4)	fires purposely set to public or private forest land for forest
management practices for which burning is acceptable to the Division of
Forest Resources and which follows the smoke management plan as outlined
in the Division of Forest Resources' smoke management program;

(5)	fires purposely set to agricultural lands for disease and pest
control and fires set for other agricultural or apicultural practices
for which burning is currently acceptable to the Department of
Agriculture;

(6)	fires purposely set for wildlife management practices for which
burning is currently acceptable to the Wildlife Resource Commission;

(7)	fires for the disposal of dangerous materials when it is the safest
and most practical method of disposal;

(8)	fires purposely set by manufacturers of fire extinguishing materials
or equipment, testing laboratories, or other persons, for the purpose of
testing or developing these materials or equipment in accordance with a
standard qualification program;

(9)	fires purposely set for the instruction and training of
fire-fighting personnel at permanent fire-fighting training facilities;

(10)	fires purposely set for the instruction and training of
fire-fighting personnel when conducted under the supervision of or with
the cooperation of one or more of the following agencies:

(A)	the Division of Forest Resources;

(B)	the North Carolina Insurance Department;

(C)	North Carolina technical institutes; or

(D)	North Carolina community colleges, including:

(i)	the North Carolina Fire College; or

(ii)	the North Carolina Rescue College;

(11)	fires not described in Subparagraphs (9) or (10) of this Paragraph,
purposely set for the instruction and training of fire-fighting
personnel, provided that:

(A)	The regional office supervisor of the appropriate regional office
and the HHCB have been notified according to the procedures and
deadlines contained in the appropriate regional notification form. This
form may be obtained by writing the appropriate regional office at the
address in Rule .1905 of this Section and requesting it, and

(B)	The regional office supervisor has granted permission for the
burning. Factors that the regional office supervisor shall consider in
granting permission for the burning include type, amount, and nature of
combustible substances. The regional office supervisor shall not grant
permission for the burning of salvageable items, such as insulated wire
and electric motors or if the primary purpose of the fire is to dispose
of synthetic materials or refuse. The regional office supervisor of the
appropriate regional office shall not consider previously demolished
structures as having training value. However, the regional office
supervisor of the appropriate regional office may allow an exercise
involving the burning of motor vehicles burned over a period of time by
a training unit or by several related training units. Any deviations
from the dates and times of exercises, including additions,
postponements, and deletions, submitted in the schedule in the approved
plan shall be communicated verbally to the regional office supervisor of
the appropriate regional office at least one hour before the burn is
scheduled; and

(12)	fires for the disposal of material generated as a result of a
natural disaster, such as tornado, hurricane, or flood, if the regional
office supervisor grants permission for the burning. The person desiring
to do the burning shall document and provide written notification to the
regional office supervisor of the appropriate regional office that there
is no other practical method of disposal of the waste. Factors that the
regional office supervisor shall consider in granting permission for the
burning include type, amount, location of the burning, and nature of
combustible substances. The regional office supervisor shall not grant
permission for the burning if the primary purpose of the fire is to
dispose of synthetic materials or refuse or recovery of salvageable
materials. Fires authorized under this Subparagraph shall comply with
the conditions of Subparagraph (b)(2) of this Rule.

(c)  The authority to conduct open burning under this Section does not
exempt or excuse any person from the consequences, damages or injuries
that may result from this conduct. It does not excuse or exempt any
person from complying with all applicable laws, ordinances, rules or
orders of any other governmental entity having jurisdiction even though
the open burning is conducted in compliance with this Section.

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

Eff. July 1, 1996;

Amended Eff. July 1, 2007; December 1, 2005; June 1, 2004; July 1, 1998.

15A NCAC 02D .1904	AIR CURTAIN BURNERS

(a)  Air quality permits are required for air curtain burners subject to
40 CFR 60.2245 through 60.2265, 60.2810 through 60.2870, 60.2970 through
60.2975, or 60.3062 through 60.3069 or located at permanent sites or
where materials are transported in from another site.  Air quality
permits are not required for air curtain burners located at temporary
land clearing or right-of-way maintenance sites for less than nine
months unless they are subject to 40 CFR 60.2245 through  60.2265,
60.2810 through 60.2870, 60.2970 through 60.2975, or 60.3062 through
60.3069.  The operation of air curtain burners in particulate and ozone
nonattainment areas shall cease in any area that has been forecasted by
the Department, or the Forsyth County Environmental Affairs Department
for the Triad air quality forecast area, to be in an Air Quality Action
Day Code "Orange" or above during the time period covered by that
forecast.

(b)  Air curtain burners shall comply with the following conditions and
stipulations:

(1)	The wind direction at the time that the burning is initiated and the
wind direction as forecasted by the National Weather Service during the
time of the burning shall be away from any area, including public roads
within 250 feet of the burning as measured from the edge of the pavement
or other roadway surface, which may be affected by smoke, ash, or other
air pollutants from the burning;

(2)	Only collected land clearing and yard waste materials may be burned.
Heavy oils, asphaltic materials, items containing natural or synthetic
rubber, tires, grass clippings, collected leaves, paper products,
plastics, general trash, garbage, or any materials containing painted or
treated wood materials shall not be burned. Leaves still on trees or
brush may be burned;

(3)	No fires shall be started or material added to existing fires when
the Division of Forest Resources has banned burning for that area;

(4)	Burning shall be conducted only between the hours of 8:00 a.m. and
6:00 p.m.;

(5)	The air curtain burner shall not be operated more than the maximum
source operating hours-per-day and days-per-week.  The maximum source
operating hours-per-day and days-per-week shall be set to protect the
ambient air quality standard and prevention of significant deterioration
(PSD) increment for particulate.  The maximum source operating
hours-per-day and days-per-week shall be determined using the modeling
procedures in Rule .1106(b), (c), and (f) of this Subchapter.  This
Subparagraph shall not apply to temporary air curtain burners;

(6)	An air curtain burner with an air quality permit shall have onsite
at all times during operation of the burner a visible emissions reader
certified according to 40 CFR Part 60, Method 9 to read visible
emissions, and the facility shall test for visible emissions within five
days after initial operation and within 90 days before permit
expiration;

(7)	Air curtain burners shall meet manufacturer's specifications for
operation and upkeep to ensure complete burning of material charged into
the pit.  Manufacturer's specifications shall be kept on site and be
available for inspection by Division staff;

(8)	Except during start-up, visible emissions shall not exceed ten
percent opacity when averaged over a six-minute period except that one
six-minute period with an average opacity of more than ten percent but
no more than 35 percent shall be allowed for any one-hour period.
During start-up, the visible emissions shall not exceed 35 percent
opacity when averaged over a six-minute period.  Start-up shall not last
for more than 45 minutes, and there shall be no more than one start-up
per day.  Instead of complying with the opacity standards in this
Subparagraph, air curtain burners subject to:

(A)	40 CFR 60.2245 through 60.2265 shall comply with the opacity
standards in 40 CFR 60.2250;

(B)	40 CFR 60.2810 through 60.2870 shall comply with the opacity
standards in 40 CFR 60.2860;

(C)	40 CFR 60.2970 through 60.2975 shall comply with the opacity
standards in 40 CFR 60.2971; or

(D)	40 CFR 60.3062 through 60.3069 shall comply with the opacity
standards in 40 CFR 60.3066;

(9)	The owner or operator of an air curtain burner shall not allow ash
to build up in the pit to a depth higher than one-third of the depth of
the pit or to the point where the ash begins to impede combustion,
whichever occurs first.  The owner or operator of an air curtain burner
shall allow the ashes to cool and water the ash prior to its removal to
prevent the ash from becoming airborne;

(10)	The owner or operator of an air curtain burner shall not load
material into the air curtain burner such that it will protrude above
the air curtain;

(11)	Only distillate oil, kerosene, diesel fuel, natural gas, or
liquefied petroleum gas may be used to start the fire; and

(12)	The location of the burning shall be at least 500 feet from any
dwelling, group of dwellings, or commercial or institutional
establishment, or other occupied structure not located on the property
on which the burning is conducted.  The regional office supervisor may
grant exceptions to the setback requirements if a signed, written
statement waiving objections to the air curtain burning is obtained from
a resident or an owner of each dwelling, commercial or institutional
establishment, or other occupied structure within 500 feet of the
burning site.  In case of a lease or rental agreement, the lessee or
renter, and the property owner shall sign the statement waiving
objections to the burning.  The statement shall be submitted to and
approved by the regional office supervisor before initiation of the
burn.  Factors that the regional supervisor shall consider in deciding
to grant the exception include: all the persons who need to sign the
statement waiving the objection have signed it; the location of the
burn; and the type, amount, and nature of the combustible substances.

Compliance with this Rule does not relieve any owner or operator of an
air curtain burner from the necessity of complying with other rules in
this Section or any other air quality rules.

(c)  Recordkeeping Requirements.  The owner or operator of an air
curtain burner at a permanent site shall keep a daily log of specific
materials burned and amounts of material burned in pounds per hour and
tons per year.  The logs at a permanent air curtain burner site shall be
maintained on site for a minimum of two years and shall be available at
all times for inspection by the Division of Air Quality.  The owner or
operator of an air curtain burner at a temporary site shall keep a log
of total number of tons burned per temporary site.  Additionally, the
owner or operator of air curtain burner subject to:

(1)	40 CFR 60.2245 through 60.2265 shall comply with the monitoring,
recordkeeping, and reporting requirements in 40 CFR 60.2245 through
60.2265;

(2)	40 CFR 60.2810 through 60.2870 shall comply with the monitoring,
recordkeeping, and reporting requirements in 40 CFR 60.2810 through
60.2870;

(3)	40 CFR 60.2970 through 60.2975 shall comply with the monitoring,
recordkeeping, and reporting requirements in 40 CFR 60.2970 through
60.2975; or

(4)	40 CFR 60.3062 through 60.3069 shall comply with comply with the
monitoring, recordkeeping, and reporting requirements in 40 CFR 60.3062
through 60.3069.

(d)  Title V Considerations. Burners that have the potential to burn
8,100 tons of material or more per year may be subject to Section 15A
NCAC 2Q .0500, Title V Procedures.

(e)  Prevention of Significant Deterioration Consideration. Burners that
burn 16,200 tons per year or more may be subject to 15A NCAC 02D .0530,
Prevention of Significant Deterioration.

(f)  A person may use a burner using a different technology or method of
operation than an air curtain burner as defined under Rule .1902 of this
Section if he demonstrates to the Director that the burner is at least
as effective as an air curtain burner in reducing emissions and if the
Director approves the use of the burner.  The Director shall approve the
burner if he finds that it is at least as effective as an air curtain
burner.  This burner shall comply with all the requirements of this
Rule.

(g)  In addition to complying with the requirements of this Rule, an air
curtain burner subject to:

(1)	40 CFR Part 60, Subpart CCCC that commenced construction after
November 30, 1999, or that commenced reconstruction or modification on
or after June 1, 2001, shall also comply with 40 CFR 60.2245 through
60.2265, or

(2)	40 CFR Part 60, Subpart EEEE that commenced construction after
December 9, 2004, or that commenced reconstruction or modification on or
after June 16, 2006, shall also comply with 40 CFR 60.2970 through
60.2975.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (10);
143-215.66; 143-215.108; 40 CFR 60.2865;

Eff. July 1, 1996;

Amended Eff. July 1, 2007; December 1, 2005; August 1, 2004.

15A NCAC 02D .1905	REGIONAL OFFICE LOCATIONS

Inquiries, requests and plans shall be handled by the appropriate
Department of Environment and Natural Resources regional offices. They
are:

(1)	Asheville Regional Office, 2090 Highway 70, Swannanoa, North
Carolina 28778

(2)	Winston-Salem Regional Office, 585 Waughtown Street, Winston-Salem,
North Carolina 27107;

(3)	Mooresville Regional Office, 610 East Center Avenue, Suite 301,
Mooresville, North Carolina 28115;

(4)	Raleigh Regional Office, 3800 Barrett Drive, Raleigh, North Carolina
27611;

(5)	Fayetteville Regional Office, Systel Building, 225 Green Street,
Suite 714, Fayetteville, North Carolina 28301;

(6)	Washington Regional Office, 943 Washington Square Mall, Washington,
North Carolina 27889; and

(7)	Wilmington Regional Office, 127 Cardinal Drive Extension,
Wilmington, North Carolina 28405.

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

Eff. July 1, 1996;

Amended Eff. December 1, 2005.

15A NCAC 02D .1906	DELEGATION TO COUNTY GOVERNMENTS

(a)  The governing body of any county or municipality or group of
counties or municipalities may establish a partial air pollution control
program to implement and enforce this Section provided that:

(1)	It has the administrative organization, staff, financial and other
resources necessary to carry out such a program;

(2)	It has adopted appropriate ordinances, resolutions, and regulations
to establish and maintain such a program; and

(3)	It has otherwise complied with G.S. 143-215.112 "Local Air Pollution
Control Programs."

(b)  The governing body shall submit to the Director documentation
demonstrating that the requirements of Paragraph (a) of this Rule have
been met. Within 90 days after receiving the submittal from the
governing body, the Director shall review the documentation to determine
if the requirements of Paragraph (a) of this Rule have been met and
shall present his findings to the Commission. If the Commission
determines that the air pollution program is adequate, it shall certify
the local air pollution program to implement and enforce this Section
within its area of jurisdiction.

(c)  County and municipal governments shall not have the authority to
issue permits for air curtain burners at a permanent site as defined in
15A NCAC 02D .1904.

(d)  The three certified local air pollution programs, the Western North
Carolina Regional Air Quality Control Agency, the Forsyth County
Environmental Affairs Department, and Mecklenburg County Air Quality, a
Division of Land Use and Environmental Services Agency, shall continue
to enforce open burning rules as part of their local air pollution
programs.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.112;

Eff. July 1, 1996;

Amended Eff. December 1, 2005; June 1, 2004.

15A NCAC 02D .1907	MULTIPLE VIOLATIONS ARISING FROM A SINGLE EPISODE

(a)  Multiple violations arising from a single episode of open burning
may result in multiple civil penalties.  Factors the Director shall
consider in determining the number of violations per episode of open
burning include:

(1)	the type of material burned,

(2)	the amount of material burned,

(3)	the location of the burn, and

(4)	any other factor relevant to air pollution control or air quality.

(b)  Each pile of land clearing or road maintenance debris that does not
comply with the specifications of 15A NCAC 02D .1903(b)(2) shall
constitute a separate violation.

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

Eff. July 1, 2007.

SECTION .2000 - TRANSPORTATION CONFORMITY

15A NCAC 02D .2001	PURPOSE, SCOPE AND APPLICABILITY

(a)  The purpose of this Section is to assure the conformity of
transportation plans, programs, and projects that are developed, funded,
or approved by the United States Department of Transportation and by
metropolitan planning organizations or other recipients of funds under
Title 23 U.S.C. or the Federal Transit Act (49 U.S.C. 1601 et seq.), or
State or Local only sources of funds, with all plans required of areas
designated as nonattainment or maintenance under 40 CFR 81.334 or listed
in Paragraph (b), (c), or (d) of this Rule.

(b)  This Section applies to the emissions of volatile organic compounds
and nitrogen oxides in the following areas:

(1)	Davidson County,

(2)	Durham County,

(3)	Forsyth County,

(4)	Gaston County,

(5)	Guilford County,

(6)	Mecklenburg County,

(7)	Wake County,

(8)	Dutchville Township in Granville County, and

(9)	that part of Davie County bounded by the Yadkin River, Dutchmans
Creek, North Carolina Highway 801, Fulton Creek, and back to the Yadkin
River.

(c)  This Section applies to the emissions of carbon monoxide in the
following areas:

(1)	Durham County,

(2)	Forsyth County,

(3)	Mecklenburg County, and

(4)	Wake County.

(d)  This Section applies to the emissions of:

(1)	particulate matter in areas identified in 40 CFR 81.334 as
nonattainment for fine particulate (PM2.5), or

(2)	volatile organic compounds or nitrogen oxides in areas identified in
40 CFR 81.334 as nonattainment for ozone.

(e)  This Section applies to FHWA/FTA projects or regionally significant
State or local projects.  For FHWA/FTA projects or regionally
significant State or local projects in the areas identified in Paragraph
(b), (c), or (d) of this Rule and for the pollutants identified in
Paragraph (b), (c), or (d) of this Rule, this Section applies to:

(1)	the adoption, acceptance, approval, or support of transportation
plans and transportation plan amendments developed pursuant to 23 CFR
Part 450 or 49 CFR Part 613 by a metropolitan planning organization or
the United States Department of Transportation;

(2)	the adoption, acceptance, approval, or support of transportation
improvement programs or amendments to transportation improvement
programs pursuant to 23 CFR Part 450 or 49 CFR Part 613 by a
metropolitan planning organization or the United States Department of
Transportation; or

(3)	the approval, funding, or implementation of FHWA/FTA projects.

Conformity determinations are not required under this Section for
individual projects that are not FHWA/FTA projects.  However, 40 CFR
93.121 shall apply to these projects if they are regionally significant
projects.

(f)  This Section applies to maintenance areas for 20 years from the
date the Environment Protection Agency approves the area's request under
Section 107(d) of the Clean Air Act for redesignation to attainment.

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

Eff. April 1, 1999;

Amended Eff. December 1, 2005.

15A NCAC 02D .2002	DEFINITIONS

For the purposes of this Section, the definitions contained in 40 CFR
93.101 and the following definitions apply:

(1)	"Consultation" means that one party confers with another identified
party, provides all information necessary to that party needed for
meaningful input, and considers and responds to the views of that party
in a timely, substantive written manner prior to any final decision.

(2)	"Regionally significant project" means a transportation project
(other than an exempt project under 40 CFR 93.126) that is on a facility
that serves regional transportation needs (such as access to and from
the area outside of the region, major activity centers in the region,
major planned developments such as new retail malls and sports
complexes, or transportation terminals as well as most terminals
themselves) and would normally be included in the modeling of a
metropolitan area's transportation network, including at a minimum all
principal arterial highways and all fixed guide way transit facilities
that offer an alternative to regional highway travel.

(3)	"Regionally significant State or local project" means any highway or
transit project that is a regionally significant project and that is
proposed to receive only funding assistance (receives no federal
funding) or approval through the State or any local program.

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

Eff. April 1, 1999.

15A NCAC 02D .2003	TRANSPORTATION CONFORMITY DETERMINATION

(a)  Conformity analyses, determinations, and redeterminations for
transportation plans, transportation improvement programs, FHWA/FTA
projects, and State or local regionally significant projects shall be
made according to the requirements of 40 CFR 93.104 and shall comply
with the applicable requirements of 40 CFR 93.119, 93.120, 93.124,
93.125, and 93.126.  For the purposes of this Rule, regionally
significant State or local projects shall be subject to the same
requirements under 40 CFR Part 93 as FHWA/FTA projects except that State
Environmental Policy Act procedures and requirements shall be
substituted for National Environmental Policy Act procedures and
requirements.  Regionally significant State or local projects subject to
this Section for which the State Environmental Policy Act process and a
conformity determination have been completed may proceed toward
implementation without further conformity determination unless more than
three years have elapsed since the most recent major step (State
Environmental Policy Act process completion, start of final design,
acquisition of a significant portion of the right-of-way, or approval of
the plans, specifications, and estimates) occurred.  All phases of these
projects considered in the conformity determination are also included if
these phases were for the purpose of funding final design, right-of-way
acquisition, construction, or any combination of these phases.

(b)  Before making a conformity determination, the metropolitan planning
organizations, local transportation departments, North Carolina
Department of Transportation, United States Department of
Transportation, the Division of Air Quality, local air pollution control
agencies, and United States Environmental Protection Agency shall