U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 282
Air Pollution Regulations in State
Implementation Plans: North Carolina
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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oEPA
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
l-l^>
EPA-450/3-78-083
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
North Carolina
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.' |2.
EPA-450/3-78-083 |
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implemen
•Plans: North Carolina
7. AUTHORIS)
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass,
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standan
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
3. RECIPIENT'S ACCESSION-NO.
?&> ^qc? SL&Zf
6. REPORT DATE
tation i August 1978
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
•J5 14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulat
categories as of January 1, 1978, have bee
this document will be updated annually. S
which have not been Federally approved as
omission of these regulations from this do
the respective Federal, State, or local ag
ions which fall into one of the above
n incorporated. As mandated by Congress,
tate and/or local air Quality regulations
of January 1, 1978, are not included here;
cument in no way affects the ability of
encies to enforce such regulations.
, i
17. j KEY WORDS AND DOCUMENT ANALYSIS ' '
a. DESCRIPTORS
Air pollution
Federal Regulations •
Pollution
State Implementation Plans
1R. DISTRIBUTION STATEMENT .
RELEASE UNLIMITED
b.lDENTIFIERS/OPEN ENDED TERMS
19. SECURITY CLASS (This Report)
Unclassified
c. COSATI Field/Group
•
20. SECURITY CLASS (This pane) J22. PRICE" pC/ /-/ p
Unclassified I Qet/AeSi
EPA Form 2220-1 (9-73)
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EPA-450/3-78-083
Air Pollution Regulations
in State Implementation Plans
North Carolina
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer. Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
\v
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number bf
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-083
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INTRODUCTION
This document has been produced in compliance with Section 110{h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, 'appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters. (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
MI
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above* 1t 1s
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal:Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF
ERA-APPROVED REGULATION CHANGES
NORTH CAROLINA
SUBMITTAL DATE
11/16/73
4/1/74
3/23/76
6/24/76
APPROVAL DATE
8/12/74
8/12/74
6/23/76
4/18/77
11/1/76
4/18/77
DESCRIPTION
Indirect Source
Reg. 9
Indirect Source
Reg. 9
S02 & N02 STDS.
Visible Emission
STDS. New Source
Perf. STDS.
Emission Monitoring
of Stationary
Sources
Miscellaneous
Plan Revisions
FEDERAL REGULATIONS
Section No.
52.1778
Description
Prevention of
Significant
Deterioration
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4:5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12,0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITYi MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling. Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal*Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
, Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
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TABLE OF CONTENTS
Revised Standard
Subject Index .
(1.0)
(1.0)
(1.0)
(2.0)
(2.0)
(2.0)
(3.0)
(8.0)
(2.0)
(8.0)
(8.0)
(8.0)
(8.0)
STATE
Section
Number
Section .0100
.0101
.0102
.0103
Section .0200
.0201
.0202
Section .0300
.0301
.0302
.0303
.0304
,0305
REGULATIONS
Title
Definitions
Words
. Phrases
Copies of Referenced Federal
Regulations
Air Contaminant Sources
Classification of Air Contaminant
Sources
Registration of Air Contaminant
Sources
Air Pollution Emergencies
Purpose
Episode Criteria
Emission Reduction Plans
Preplanned Abatement Program
Emission Reduction Plan: Alert
Page
1
1
1
3
4
4
6
6
6
7
9
9
10
(8.0)
(8.0)
(4.0)
.0306
.0307
Section .0400
Level
Emission Reduction Plan: Warning 11
Level
Emission Reduction Plan: Emergency 13
Level
Ambient Air Quality Standards 15
VIII
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Revised Standard
Subject Index
(2.0)
(4.2) •
(4.1)
(4.5)
(4.6) ,
(4.4)
(4.3)
(2.0)
(6.0)
(2.0)
(51.5)
(51.5)
(51.9)
(51.8)
(51.1)
(51.14
(51.21)
(51.3)
(51.21)
Section
Number
.0401
.0402
.0403
.0404
.0405
.0406
.0407
Section .0500
.0501
.0502
.0503
.0504
.0505
.0506
.0507
.0508
.0509
.0510
.0511
Title
Purpose
Sulfur Oxides
Suspended Particulates
Carbon Monoxide
Photochemical Oxidants
Hydrocarbons
Nitrogen Dioxide
Emission Control Standards
Compliance With Emission Control
Standards
Purpose
Control of Particulates From Fuel
Burning Sources
Particulates From Wood Burning
Indirect Heat Exchangers
Control of Particulates From Refuse
Burning Equipment
Control of Particulates From Hot Mix
Asphalt Plants
Particulates From Chemical
Fertilizer Manufacturing Plants
Control of Particulates From Pulp
and Paper Mills
Particulates From Mica or Feldspar
Processing Plants
Particulates: Sand, Gravel, Crushed
Stone Operations
Particulates, SO (2) From Light-
Page
15
16
16
16
17
17
18
18
18
21
21
22
23
24
24
25
25
26
27
weight Aggregate Processes
IX
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Revised Standard Section
Subject Index Number
(51.3) ' .0512
(51.3) .0513
(51.4) , .0514
(51.21) ( .0515
(51.6) .0516
(51.18)
(50.4)
(51.7)
(51.13)
(50.1.2)
(50.6)
(51.9)
(10.0)
(11.0)
(9.0) (13.0)
(2.0)
(1.0)
(10.0)
.0517
.0518
.0519
.0520
' .0521
.0522
.0523
.0524
.0525
Section .0600
.0601
.0602
.0603
Ti tle Page
Particulates From Wood Products 27
Finishing Plants
Control of Particulates From 27
Portland Cement plants
Control of Particulates From Ferrous 28
Jobbing Foundries
Particulates From Miscellaneous 29
Industrial Processes
Sulfur Dioxide Emission From Fuel 30
Burning Installations
Emissions From Plants Producing 30
Sulfuric Acid
Control of Hydrocarbon Emissions 30
From Stationary Sources
Control of Nitrogen Dioxide Emissions 32
32
Control and Prohibition of Open
Burning
Control of Visible Emissions
Control and Prohibition of
Odorous Emissions
Control of Conical Incinerators
New Source Performance Standards
National Emission Standards For
Hazardous Air Pollutants
Air Contaminants; Monitoring,
Reporting
Purpose and Scope
Definitions
Sources Covered By New Source
Performance Standards
36
37
38
39
41
42
42
42
43
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Revised Standard Section
Subject Index Number
(2.0) .0604
(50.1.2) , .0605
(51.2)
9.0) (13.0)
(2.0)
(3.0) (9.0)
(2.0)
(2.0)
(2.0)
(1.0)
(2.0)
(15.0)
(2.0)
(16.0)
(2.0)
(10.0)
(2.0)
(3.0)
(12.0)
(10.0)
(3.0)
.0606
.0607
.0608
.0609
.0610
Section .0700
.0701
.0702
.0703
.0704
.0705
.0706
.0707
Section .0800
.0801
.0802
.0803
.0804
Section .0600
Titl e Page
Sources Covered By Implementation 44
Plan Requirements
Wood and Wood Fossil Fuel 46
Combination Units
Other Coal or Residual Oil Burners 47
Exceptions To Monitoring and 48
Reporting Requirements
Program Schedule 48
Monitoring Condition in Permit 49
Delegation 49
Post Attainment Policy 49
Applicablity 49
Definitions 50
Source Categories . , 50
Enforcement Procedures 51
Documentation For Special Orders 53
Public Participation 54
Extensions 55
Complex Sources 56
Purpose and Scope 56
Permits 57
>
Highway Projects 57
Airport Facilities 58
Air Quality Permits 58
XI
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Revised Standard Section
Subject Index Number
(2.0) .0601
(1.0) ' .0602
(3.0) .0603
(3.0) ,0604
(3.0) (15.0) .0605
(2.0) .0606
(2.0) .0607 .
Table Page'
Purpose and Scope 58
Definitions 60
Applications 61
Final Action on Permit 62
Applications
Issuance, Revocation and Enforce- 62
ment of Permits
Delegation of Authority 63
Copies of Referenced Federal 63
Regulations
FEDERALLY PROMULGATED REGULATIONS
Revised Standard Section
Subject Index
(17.0)
Number
52.1778
TabTi
Prevention of Significant
Deterioration
fifli
65
XII
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NORTH CAROLINA ADMINISTRATIVE CODE
SUBCHAPTER 2D - AIR POLLUTION CONTROL REQUIREMTNTS
(1.0) SECTION .0100 - DEFINITIONS
(1.0) ^0101 WORDS
The definition of any word used in Regulations of this Subchapter shall be
the same as given in Article 21, Chapter 143 of the General Statutes of
North Carolina, as amended. The following words which are not defined in
said article, shall be construed to have the following meaning:
(1) "Dustfall" means particulate matter which settles out of the air and
is expressed in units of grams per square meter per 30-day period.
(2) "Garbage11 means any animal and vegetable waste resulting from the
handling, preparation,'cooking and serving of food.
(3) "Incinerator" means a device designed and engineered to burn
solid, liquid, or gaseous waste material.
(4) "Opacity" means that property of a substance tending to obscure •
vision and is measured in terms of percent obscuration.
(5) "Refuse" means any garbage, rubbish, or trade waste.
(6) "Rubbish" means solid or liquid wastes from residences or dwellings,
commercial establishments, or institutions.
(7) "Smoke" means small gas-borne particles resulting from incomplete
combustion, consisting predominantly of carbon, ash, and other
burned or unburned residue of combustible materials that form a
visible plume.
History Note: Statutory Authority 6.S. 143-215.3(a) (1);
143-213;
Eff. February 1, 1976.
Amended Eff. December 1, 1976.
(1.0) .0102 PHRASES
The definition of any phrase used in Regulations cf this Subchapter
shall be the same as given in Article 21, Chapter 143 of the General
Statutes of North Carolina, as amended. The following phrases which
are not defined in said article, shall be construed to have the following
meaning:
-1-
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(1) "Ambient air" means that portion of the atmosphere outside of buildings
and other enclosures, stacks, or ducts, and which surrounds human,
animal or plant life, or property.
(2) "Combustible material" means any s.ubstance which, when ignited will
burn in air.
(3) "Fuel burning equipment" means equipment whose primary purpose
is the production of thermal energy or power from the combustion of
any fuel. Such equipment is generally that used for, but
not limited to, heating water, generating or circulating steam,
heating air as in warm air furnace, furnishing process heat entirely
through transfer by fluids or transmissions through process vessel
wa11s.
(4) "Open burning" means any fire wherein the products of combustion
are emitted directly into the outdoor atmosphere and are not
directed thereto through a stack or chimney, approved incinerator,
or other similar device.
(5) "Particulate matter" means any material except uncombined water
. that exists in a finely divided form as a liquid or solid at
standard conditions.
(6) "Rural area" means an area which is primarily devoted to, but not
necessarily limited to, the following uses: agriculture, recreation,
wildlife management, state park, or any area of natural cover.
(7) "Salvage operation" means any business, trade, or industry engaged
in whole or in part in salvaging or reclaiming any product or
material, including, but not limited to, metals, chemicals, motor
vehicles, shipping containers, or drums.
(8) "Smoke density measuring device":
(a) Ringelmann Chart means the chart published and described in the
U.S. Bureau of Mines, Information Circular 8333, and on which
are illustrated graduated shades of grey to black for use
in estimating the light obscuring capacity of smoke;
(b) The pocket size Ringelmann Chart and other adaptations commonly
used by trained smoke inspectors;
(c) Other equivalent standards as may be approved by the
commission.
-2-
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(9) "Sulfur oxides" include sulfur dioxide, sulfur trioxide, their
acids and the salts of their acids. For purposes of these ambient
air quality standards, in Regulation .0402 of this Subchapter,
measurements of sulfur dioxide, by the method specified herein,
shall be taken to indicate the concentration of sulfur oxides.
(10) "Suspended psrticulate" means any material, except water in un-
combined form that is or has been airborne, and is quantitatively
expressed in concentration, i.e., micrograms per cubic meter.
(11) The term "act" means "The North Carolina Water and Air Resources
Act."
(12) "Trade wastes" means all solid, liquid, or gaseous waste materials
or rubbish resulting from combustion, salvage operations, building
operations, or the prosecution of any business, trade, or industry
including, but not limited to, plastic products, paper, wood, glass,
metal, paint, grease, oil and other petroleum products, chemicals,
and ashes.
History Note; Statutory Authority G.S. 143-215.3(a) (1);
143-213;
Eff. February 1, 1976;
Amended Eff. December 1, 1976
(2.0) .0103 COPIES OF REFERENCED FEDERAL REGULATIONS
t
Copies of applicable Code of Federal Regulations sections referred to
in this Subchapter are available for public inspection at Department
of Natural and Economic Resources Field Offices, air quality section. They
are: Western Field Office, Interchange Building 159 Woodfin Street,
Post Office Box 370. Asheville, North Carolina 28802; North Piedmont
Field Office, 8003 Silas Creek Parkway Extension, Winston-Sal em, North
Carolina 27106; South Piedmont Field Office, 1119 North Main Street,
Mooresville, North Carolina 28115; North Central Field Office, 3800
Barrett Drive, Post Office Box 27687, Raleigh, North Carolina 27611;
South Central Field Office, Wachovia Building, Suite 714, Faye'tteville,
North Carolina 28301; Northeastern Field Office, 1502 North Market
Street, Post Office Box 1129, Washington, North Carolina 27889; South-
eastern Field Office', 3143 Wrightsville Avenue, Wilmington, North Carolina
28401.
Copies, of such regulations can be made at these field offices for ten
cents ($0.10) per page.
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HISTORY NOTE: Statutory Authority G.S. 150A-14;
Eff. December 1, 1976.
(2.0) Section .0200 - AIR CONTAMINANT SOURCES
(2.0) .0201 CLASSIFICATION OF AIR CONTAMINANT SOURCES
t
(a) Purpose. This Regulation is for the purpose of establishing a
system for classifying air contaminant sources which will be used by the
commission for assigning an appropriate classification to air contam-
inant sources which the commission believes to be of sufficient
importance to justify classification or control.
(b) Scope. This Regulation shall apply to all air contaminant sources,
both combustion and non-combustion. The following system for
classifying air contaminant sources is hereby established:
(1) "Class I-C" includes all sources of air contamination utilizing
fuel burning equipment for the production of thermal energy
for power generation for public utilization.
(2) "Class II-C" includes all sources of air contamination
utilizing fuel burning equipment for the production of steam,
and for other process used at commercial and industrial
establishments.
(3) "Class III-C" includes all sources of air contamination
utilizing fuel burning equipment for comfort heating at
institutions, commercial or industrial establishments, or
apartment houses having a central heating system serving more
than four apartments.
(4) "Class IV-C" includes all sources of air contamination result-
1 ing from the burning of trash, rubbish, refuse or similar
materials in incinerators, teepee burners, or similar devices.
(5) "Class V-C" includes all sources of air contamination resulting
from the operation of fuel burning equipment for comfort
heating.
(6) "Class VI-C" includes all sources of air contamination resulting
from the operation of internal combustion engines.
(7) "Class I-I" includes all sources of air contamination resulting
from industrial plants engaged in the manufacture of chemicals
or allied products whose processes depend on the chemical
reaction of two or more compounds and includes, among others,
plants producing acids, fertilizer materials, dyestuff,
synthetic fibers and industrial gases.
-4-
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(8) "Class II-I" includes all sources of air contamination resulting
from industrial plants engaged in the production of pulp and
paper.
(9) "Class III-I" includes all sources of air contamination resulting
from the mining and processing of minerals, stone, clay and
cement products, and includes, among others, phosphate ore,
mica and feldspar operations, stone quarries and crushers,
cement plants, concrete mixing plants, and masonry block plants.
(10) "Class IV-I" includes all sources of air contamination resulting
from Industrial operations utilizing petroleum products, and
includes, among others, asphalt mix plants, roofing felt plants,
and petroleum products storage areas.
(11) "Class V-I" includes all sources of air contamination resulting
from furniture, lumber, or wood product plants.
(12) "Class VI-I" includes all sources of air contamination resulting
from textile manufacturing, textile dyeing or finishing plants,
(13) "Class VI1-I" includes all sources of air contamination resulting
from the shelling, drying, storage, ginning and processing of
tobacco, corn, soybeans, peanuts, cotton, fruits, vegetables,
or other agricultural products.
(14) "Class ViII-I" includes all sources of air contamination result-
ing from industries engaged in the porcessing of metals, and
includes, among others, smelting, casting foundries, metal
working, and other similar operations.
(15) "Class IX-I" includes all sources of air contamination resulting
from slaughtering and processing meat, poultry, fish, and
similar products, including, among others, plants or facilities
for rendering or the recovery of by-products therefrom.
(16) "Class X-I" includes all sources of air contamination resulting
from industries which do not fall within the above classifica-
tions and these sources shall be controlled pursuant to the
requirements of regulations and other provisions of law.
History Note: Statutory Authority G.S. 143-215.3 (a) (lh
I43r2l5.107 (a) (4);
Eff. February 1, 1976:
Amended Eff. December 1, 1976.
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(3.0) .0202 REGISTRATION OF AIR CONTAMINANT SOURCES
(a) Purpose. This Regulation is to provide for the orderly registration
of all air contaminant sources, as applicable regulations or
emission control standards are adopted.
(b) Scope. This Regulation shall apply to all air contaminant sources
both combustion and non-combustion, as set forth in Regulation .0201
of this Section, "Classification of Air Contaminant Sources," with the
exception of classes V-C and VI-C.
(c) Within. 60 days after the effective date of a regulation or emission
control standard, all persons operating sources of such emissions
shall register with the division of environmental management on
forms to be made available by the division, the name of the person,
company or corporation operating the sources, the address, location,
county, and principal officer of the company.
(d) Within 60 days following receipt of the necessary forms, or as this
date may be established by the Environmental Management Commission,
information shall be supplied concerning the process or processes .•
ncluding, but not necessarily limited to, quantities and kinds
of raw materials used, process flow sheets, operating schedules, total
weights and kinds of air contaminants released, types and quantities
of fuels used, stack heights, and such other information as may be
considered essential in evaluating the potential of the source for
causing air pollution.
(e) It shall be the responsibility of persons operating air contaminant
sources to obtain from the division the needed registration forms.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (4)
Eff. February 1, 1976.
(8.0) SECTION .0300 - AIR POLLUTION EMERGENCIES
(2.0) .0301 PURPOSE
Notwithstanding any other provisions of air pollution control regulations
or standards, this Section is designed to prevent the excessive buildup of
air contaminants during air pollution episodes thereby preventing the
occurrence of an emergency due to the effects of these contaminants
on the public health.
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History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.3 (a) (12);
Eff. February 1, 1976
(8.0) .0302 EPISODE CRITERIA
Conditions justifying the proclamation of an air pollution alert, air
pollution warning, or air pollution emergency shall be deemed to exist'
whenever the Director, Division of Environmental Management, determines
that the accumulation of air contaminants in any place is attaining or has
attained levels which could, if such levels are sustained or exceeded,
lead to a threat to the health of the public. In making this determination,
the director will be guided by the following criteria:
(1) Air Pollution Forecast. An internal watch by the air quality
section and local air pollution control agencies shall be activated
by a National Weather Service advisory that an atmospheric stagnation
advisory is in effect, or the equivalent local forecast of stagnant
atmospheric conditions;
(2) Alert. The alert level is that concentration of pollutants at
which first stage control actions are to begin. The alert will be
proclaimed by the director when any of the following levels is
reached at any monitoring site:
(a) sulphur dioxide -- 800 ug/m3 (0.3 p.p.m.), 24-hour average;
(b) particulate — 3.0 COHs or 375 ug/m3, 24-hour average;
(c) sulphur dioxide and particulate combined -- product of
sulphur dioxide p.p.m. 24-hour average, and COHs equal to
0.2 pr product of sulphur dioxide ug/m3, 24-hour average.
and particulate ug/m3, 24-hour average, equal to 65 x 103;
(d) carbon monoxide -- 17 mg/m3 (15 p.p.m.), eight-hour average;
(e) oxidant -- 200 ug/m3 (0.1 p.p.m.), one-hour average;
(f) nitrogen dioxide -- II30 ug/m3 (0.6 p.p.m.), one-hour
average; 282 ug/m3 (0.15 p.p.m.), 24-hour average; and
meteorological conditions are such that pollutant
concentrations can be expected to remain at the above levels for
12 or more hours or increase or, in the case of oxidants, the
situation is likely to reoccur within the next 24-hours
unless control actions are taken.
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(3) Warning. The warning level indicates that air quality is continuing
to degrade and that additional abatement actions are necessary.
A warning will be proclaimed by the director when any one of the
following levels is reached at any monitoring site:
(a) sulphur dioxide ~ 1600 ug/m3 (0,6 p.p.m.), 24-hour average;
(b) particulate — 5.0 COHs or 625 ug/m3, 24-hour average;
(c) sulphur dioxide and particulate combined — product of
sulphur dioxide p.p.m., 24-hour average, and COHs equal to
0.8 or product of sulphur dioxide ug/m3, 24-hour average,
and particulate ug/m3, 24-hour average, equal to 261 x 103;
(d) earbon monoxide -- 34 mg/m3 (30 p.p.m.), eight-hour average;
(e) oxidant -- 800 ug/m3 (0.4 p.p.m.), one-hour average;
(f) nitrogen dioxide — 2260 ug/m3 (1.2 p.p.m.), one-hour
average; 565 ug/m3 (0.3 p.p.m.), 24-hour average;
and meteorological conditions are such that pollutant concentra-
tions can be expected to remain at the above levels for 12 or
more hours or increase or, in the case of oxidants, the situation
is likely to reoccur within the next 24 hours unless control actions
are taken.
(4) Emergency. The emergency level indicates that air quality is
continuing to degrade to a level that should never be reached and
that the most stringent control actions are necessary. An emergency
will be declared by the Governor when any one of the following levels
is reached at any monitoring site:
(a) sulphur dioxide 2100 ug/m3 (0.8 p.p.m.), 24-hour average;
(b) particulate -- 7.0 COHs or 875 ug/m3, 24-hour average;
(c) sulphur dioxide and particulate combined — product of
sulphur dioxide p..p.m. 24-hour average, and COHs equal to 1.2
or product of sulphur dioxide ug/m3, 24-hour average, and
particulate ug/m3, 24-hour average, equal to 393 x 103;
(d) carbon monoxide — 46 mg/m3 (40 p.p.m.), eight-hour average,
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(e) oxidant -- 1000 ug/m3 (0.5 p.p.m.), one-hour average;
(f) nitrogen dioxide -•- 3000 ug/m3 (1.6 p.p.m.), one-hour
average; 750 ug/m3 (0.4 p.p.m.), 24-hour average.
(5) Termination. Once declared any level reached by application of
these criteria will remain in effect until the criteria for that
level are no longer met. At such time the next lower level will
be assumed.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.3 (a) (12);
Eff. February 1, 1976;
Amended Eff. December 1, 1976. '
(8.0) .0303 EMISSION REDUCTION PLANS
(a) Air Pollution Alert. Any person responsible for the operation
of a source of air contamination as set forth in Regulation .0305
of this Section, shall take all air pollution alert actions as
required for such source of air contamination and shall put into
effect the preplanned program for an air pollution alert.
(b) Air Pollution Warning. Any person responsible for the operation of a
source of air contamination as set forth in Regulation .0306 of
this Section, shall take all air pollution warning actions as
required for such source of air contamination and shall put into
effect the preplanned program for an air pollution warning.
(c) Air Pollution Emergency. Any person responsible for the operation
of a source of air contamination as set forth in Regulation .0307
of this Section, shall take all air pollution emergency actions
as required for such source of air contamination and shall put
into effect the preplanned program for an air pollution emergency.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.3 (a) (12);
Eff. February 1, 1976.
(8.0) .0304 PREPLANNED ABATEMENT PROGRAM
(a) Any person responsible for the operation of a source of air con-
tamination as set forth in Regulations .0305, .0306, or .0307 of
this Section, or emitting 100.tons per year or more shall prepare
a plan, consistent with good industrial practice and safe operating
procedures, for reducing the emission of air contaminants into the
outdoor atmosphere during periods of an air pollution episode,
and shall, by April 20, 1972, submit such plan to the commission
for review and approval.
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(b) Any person responsible for the operation of a source not set forth in
Regulations .0305, .0306, or .0307 of this Section, shall» when
requested by the commission in writing, prepare a plan, consistent
with good industrial practice and safe operating procedures, for
reducing,the emission*of air contaminants into the outdoor atmosphere
during periods of air pollution alert, air pollution warning, and
air pollution emergency.
History Note: Statutory Authority G.S. 143-215 .3 (a) (1);
143-215.3 (a) (12);
• Eff. February 1, 1976.
(8.0) .0305 EMISSION REDUCTION PLAN: ALERT LEVEL
(a) General
(1) There shall be no open burning by any person of trade waste,
vegetation, refuse, or debris in any form.
(2) The use of incinerators for the disposal of any form of solid
waste shall be limited to the hours between 12^noon and
4:00 p.m.
(3) Persons operating fuel burning equipment which requires
boiler lancing or soot blowing shall perform such operations
only between the hours of 12-noon and 4:00 p.m.
(4) Persons operating motor vehicles should eliminate all un-
necessary operations.
(b) Source Curtailment. Any person responsible for the operation of a
source of air contamination shall take all required control actions
for this alert level as they are listed below:
(1) Coal or oil fired electric power generating facilities:
(A) substantial reduction by utilization of fuels having
low ash and sulfur content,
, (B) maximum utilization of mid-day (12-noon to 4:00 p.m.)
atmospheric turbulence for boiler lancing and soot
blowing,
(C) substantial reduction by diverting electric power gener-
ation to facilities outside of alert area;
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(2) Cpal or oil fired process steam generating facilities:
(A) substantial reduction by utilization of fuels having low
ash and sulfur content,
(B) maximum utilization of mid-day (12-noon to 4:00 p.m.)
atmospheric turbulence for boiler lancing and soot blowing,
(C) substantial reduction of steam load demands consistent
with continuing plant operation;
(3) Manufacturing industries of the following classification:
primary metals industry; petroleum refining and related
industries; chemical and allied products industries; paper
and allied products industries; glass, clay, and concrete
products industries:
(A) substantial reduction of air contaminants from manufactur-
ing operations by curtailing, postponing or deferring
production and allied operations;
(B) maximum reduction by deferring trade waste disposal
operations which emit solid particles, gases, vapors, or
malodorous substances;
(C) reduction of heat load demands for processing;
(D) maximum utilization of mid-day (12rnoon to 4:00 p.m.)
atmospheric turbulence for boiler lancing or soot blowing;
(4) Municipal and commercial refuse disposal operations will take
control action whereby substantial reduction is created by
limiting burning of refuse in incinerators to hours between
12-noon to 4:00 p.m.;
(5) Other persons requested by the commission to prepare a pre-
planned abatement plan shall take all required control actions
for this alert level contained in their plan.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.3 (a) (12);
Eff..February 1, 1976;
Amended Eff. December 1, 1976.
(8.0) .0306 EMISSION REDUCTION PLAN: WARNING LEVEL
(a) General
(1) There shall be no open burning by any person of trade waste,
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refuse, vegetation, or debris in any form;
(2) The use of incinerators for th.e disposal of solid waste or
liquid waste shall be prohibited;
(3) Persons operating fuel burning equipment which requires boiler
lancing or soot blowing shall perform such operations only
between the hours of 12-noon and 4:00 p.m.;
(4) Persons operating motor vehicles should minimize such use
through car pools and increased use of public transportation.
(b) Source Curtailment. Any person responsible for the operation of a
source of air contamination shall take all required control actions
for this warning level as they are listed below:
(1) Coal or oil fired electric power generating facilities'.
(A) maximum reduction by utilization of fuels having the
lowest available ash and sulfur content,
(B) maximum utilization of mid-day (12-noon to 4:00 p.m.)
atmospheric turbulence for boiler lancing and soot
blowing,
(C) maximum reduction by diverting electric power generating
to facilities outside of warning area;
(2) Coal or oil fired process steam generating facilities:
(A) maximum reduction by utilization of fuels having the
lowest ash and sulfur content,
(B) maximum utilization of mid-day(12-noon to 4:00 p.m.)
atmospheric turbulence for boiler lancing and soot
blowing,
(C) reduction of steam load demands consistent with continuing
,plant operations,
(D) making ready for use of a plan of action to be taken
if an emergency develops;
(3) Manufacturing industries of the following classifications:
primary metal industries; petroleum refining and related
industries; chemical and allied products industries; paper
and allied products industries; glass, clay and concrete
products industries:
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(A) maximum reduction of air contaminants from manufacturing
operations by, if necessary, assuming resonable economic
hardship by postponing production and allied operations;
(B) maximum reduction by deferring trade waste disposal opera-
tions which permit particles, gases, vapors, or malodorous
substances;
(C) reduction of heat load demands for processing consistent
with continuing plant operations;
(D) maximum utilization of mid-day (12-noon to 4:00 p.m.)
, atmospheric turbulence for boiler lancing or soot blowing;
(4) Municipal and commercial refuse disposal operations shall take
control action whereby complete elimination of the use of
incinerators is created;
(5) Other persons requested by the commission to prepare a pre-
planned abatement plan shall take all required control actions
for this warning level contained in their plan.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.3 (a) (12);
Eff. February 1, 1976;
. Amended Eff. December 1, 1976.
(8.0) .0307 EMISSION REDUCTION PLAN: EMERGENCY LEVEL
(a) General
(1) There shall be no open burning by any person of trade waste,
vegetation, refuse, or debris in any form;
(2) The use of incinerators for the disposal of any form of solid
or liquid waste shall be prohibited;
(3) All places of employment described below shall immediately
cease operations:
(A) mining and quarrying of nonmetallic minerals;
(B) all manufacturing establishments except those required
to have in force an air pollution emergency plan;
(C) all construction work involving grading or other opera-
tions which generate dust;
(D) all wholesale and retail establishments except pharmacies
and stores primarily engaged in the sale of food;
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(£) all commercial and manufacturing establishments,
automobile repair services and garages, laundries,
barbershops, beauty shops and motion picture
theaters;
• (F) elementary and secondary schools, colleges,
universities and professional schools;
(4) ; The use of motor vehicles is prohibited except in emergencies
with the approval of local or state police.
(b) Source Curtailment. Any person responsible for the operation of a
source of air contamination shall take all required control
actions for this emergency level as they are listed below:
(1) Coal or oil fired electric power generating facilities:
(A) maximum reduction by utilization of fuels having lowest
available ash and sulfur content,
(B) maximum utilization of mid-day (12-noon to 4:00 p.m.)
atmospheric turbulence for boiler lancing or soot
blowing,
(C) maximum reduction by diverting electric power generat-
ing to facilities outside of emergency area;
(2) Coal or oil fired process steam generating facilities:
(A) maximum reduction by reducing heat and steam demands
to absolute necessities consistent with preventing
equipment damage,
(B) maximum utilization of mid-day (12-noon to 4:00 p.m.)
atmospheric turbulence for boiler lancing and soot blowing,
(C) taking the action called for in the abatement plan.-
(3) Manufacturing industries of the following classifications:
primary metals industries; petroleum refining and related
industries; chemical and allied products industries; paper
and allied products industries; glass, clay and concrete products
industries:
(A) elimination of air contaminants from manufacturing
operations by ceasing, curtailing, postponing or
deferring production and allied operations to the
extent possible without causing injury to persons
or damage to equipment;
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(B) elimination of air contaminants from trade waste
disposal processes which emit solid particles, gases,
vapors, or malodorous substances;
(C) maximum reduction of heat load demands for processing;
(D) maximum utilization of mid-day (12-noon to 4:00 p.m.)
atmospheric turbulence for boiler lancing or soot
blowing;
(4) Municipal and commercial refuse disposal operations shall
take control action whereby complete elimination of the use
of incinerators is created;
(5) Other persons requested by the commission to prepare a
preplanned abatement plan shall take all required control
actions for this emergency level contained in their plan.
History Note:
Statutory Authority G.S. 143-215.3(a) (1);
143-215.3 (a) (12);
Eff. February 1, 1976;
Amended Eff. December 1, 1976.
(4.0) SECTION .0400 - AMBIENT AIR QUALITY STANDARDS
(2.0) .0401 PURPOSE .
It is the purpose of the ambient air quality standards, set out in this
Section, to establish certain maximum limits on parameters of air
quality considered desirable for the preservation and enhancement
of the quality of the state's air resources. Furthermore, it shall
be the objective of the commission, consistent with the North Carolina
Air Pollution Control Law, to prevent significant deterioration in
ambient air quality in any substantial portion of the state where
existing air quality is better than the standards. An atmosphere in
which these standards are not exceeded should provide for the protection
of the public health, plant and animal life, and property.
Ground level concentrations of pollutants will be determined by sampl-
ing at fixed locations in areas beyond the premises on which a source
is located. The standards are applicable at each such sampling
location in the state.
History Note:
Statutory Authority G.S.
143-215.107 (a) (3);
Eff. February 1, 1976.
143-215.3 (a) (1);
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(4.2) .0402 SULFUR OXIDES
(a) The ambient air quality standards for sulfur oxides measured as
sulfur dioxide are:
(1) 80 nricrogfams per cubic meter (0.03 p.p.m.) annual arith-
metic mean,
(2) 366 micrograms per cubic meter (0,14 p.p.rn) maximum 24-hour <
concentration not to be exceeded more than once per year,
(3) 1300 micrograms per cubic meter (0.5 p.p.m.) maximum three-
hour concentration not to be exceeded more than once per
year.
(b) Sampling and analysis shall be in accordance with procedures
published on April 30, 1971, in the Federal Recister, Volume
36, No. 84.
History Note: Statutory Authority G.S. 143-215.3 (a)-(I);
143-215.107 (a). (3);
Eff. February 1, 1976;
Amended Eff. December 1, 1976.
(4.1) .0403 SUSPENDED PARTICULATES
(a) The ambient air quality standards for suspended particulate matter
are:
(1) 60 micrograms per cubic meter annual geometric mean,
(2) 150 micrograms per cubic meter maximum 24-hour concentration
not to be exceeded more than once per year.
(b) Sampling and analysis shall be in accordance with procedures
published on April 30, 1971, in the Federal Register, Volume 36,
No. 84.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (3);
Eff. February 1, 1976.
(4.5) .0404 CARBON MONOXIDE
(a) The ambient air quality standards for carbon monoxide are:
(1) 10 milligrams per cubic meter (9 p.p.m.) maximum eight-hour
concentration not to be exceeded more than once per year,
(2) 40 milligrams per cubic meter (35 p.p.m.) maximum one-hour
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concentration not to be exceeded more than once per year.
(b) Sampling and analysis shall be in accordance with procedures
published on April 30, 1971, in the Federal Register, Volume 36,
No. 84.
History Note: Statutory Authority G.S, 143-215.3 (a) (1);
143-215.107 (a) (3);
Eff. February 1, 1976;
Amended Eff. December 1, 1976.
(4.6) .0405 PHOTOCHEMICAL OXIDANTS
(a) The ambient air quality standard for photochemical oxidants
measured and corrected for interferences due to nitrogen oxides
and sulfur dioxide is 160 micrograms per cubic meter (0.08 p.p.m.)
maximum one-hour concentration not to be exceeded more than once
per year.
(b) Sampling and analysis shall be in accordance with procedures
published on April 30, 1971, in the Federal Register, Volume 36,
No. 84.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (3);
Eff. February 1, 1976;
Amended Eff. December 1, 1976.
(4.4) .0406 HYDROCARBONS
(a) The ambient air quality standard for hydrocarbons measured and
corrected for methane is 160 micrograms per cubi c meter (0.24
p.p.m.) maximum three-hour concentration (6:00 a.m., to 9:00
a.m.) not to be exceeded more than once per year. This standard
is a guide for use in devising plans to achieve oxidant standards.
(b) Sampling and analysis shall be in accordance with procedures
published on April 30, 1971, in the Federal Register, Volume 36,
No. 84. •
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (3);
Eff. February 1, 1976;
Amended Eff. December 1, 1976.
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(4.3) .0407 NITROGEN DIOXIDE
(a) The ambient air quality standard for nitrogen dioxide is 100
micrograms per cubic meter (0.05 p.p.m.) annual arithmetic
mean.
(b) Sampling and analysis shall be in accordance with procedures
published on April 30, 1971, in the Federal Register, Volume 36,
No. 84. ..
History Note: Statutory Authority G.G. 143-215.3 (a) (1);
143-215.107 (a) (3);
Eff. February 1, 1976;
Amended Eff. December 1, 1976.
(2.0) SECTION .0500— EMISSION CONTROL STANDARDS
(6.0) .0501 COMPLIANCE WITH EMISSION CONTROL STANDARDS
(a) Purpose and Scope. The purpose of this Regulation is to assure
orderly compliance with emission control standards found in this
Section. This Regulation shall apply to all air contaminant
sources, both combustion and non-combustion.
(b) After the effective date of any emission control standard, all
sources of air contamination shall register with the division of
environmental management in accordance with the provisions of
Regulation .0202 of this Subchapter.
(c) In determining compliance with emission control standards, means
shall be provided by the owner to allow periodic sampling and
measuring of emission rates, including necessary ports,
scaffolding and power to operate sampling equipment; and upon the
request of the division of environmental management, data on
rates of emissions shall be supplied by the owner.
(d) Testing io determine compliance shall be in accordance with the
following procedures, except as may be otherwise required in
Regulations .0524, .0525, .0603, and .0604 of this Subchapter:
(1) Procedures for selecting a suitable sampling site for
particulate sampling and for determining the number of test
points to be used for a given source shall be in accordance
with Method 1 of Appendix A of 40 CFR 60. (CFR refers to
Code of Federal Regulations.)
(2) Samplin'g procedures for determining compliance with parti cul ate
emission control standards shall be in accordance with
Method 5 of Appendix A of 40 CFR 60, except that the
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minimum time per test point for participate testing shall be
two minutes and the minimum time per test run will be one hour.
However, a number of sources are known to emit organic material
(oil, pitch, plasticizers, etc.) which exist as finely
divided liquid droplets at ambient conditions. These materials
can not be satisfactorily collected by means of the above
method1 5. In such cases the commission will reserve the option
to require the use of Method 5 as proposed on August 17, 1971,
in the Federal Register, Volume 36, Number 159.
(3) The procedures for determining compliance with sulfur dioxide
emission control standards for fuel burning sources may be either
through determination of sulfur content through fuel analysis
or by stack sampling. If a source elects to demonstrate
compliance by sulfur analysis in fuel, sampling of coal shall be
in accordence with American Society of Testing and Materials
(ASTM) Method D2234-72 and sampling of fuel oil shall be in
accordance with ASTM Method D 270-65. Analysis of coal shall
be in accordance with ASTM Method D3177-75, and analysis of fuel
oil shall be in accordance with ASTM Method D 129-64.
Combustion sources electing to demonstrate compliance through
stack sampling shall follow procedures set forth in Method 5
of Appendix A of 40 CFR 60.
(4) Sulfuric acid manufacturing plants will demonstrate compliance
with Regulation .0517 of this Section through the use of Method
8 of Appendix A of 40 CFR 60.
(5) All Other industrial processes emitting sulfur dioxide shall
demonstrate compliance by sampling procedures as set forth in
Method 6 of Appendix A of 40 CFR 60.
(6) Sampling procedures to demonstrate compliance with emission
standards for nitrogen oxides shall be in accordance with the
procedures set forth in Method 7 of Appendix A of 40 CFR 60.
(7) Each test (excluding fuel samples) shall consist of three
repetitions or runs of the applicable test method. For the
purpose of determining compliance with an applicable emission
standard the average of results of all repetitions shall apply.
(8) In conjunction with performing certain test methods prescribed
herein it will be necessary to determine gas composition with
respect to carbon dioxide, oxygen, carbon monoxide and nitrogen
for the purpose of determining the molecular weight of the
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gas being sampled. Collecting a sample for this purpose shall
be done in accordance with Method 3 of Appendix A of 40 CFR
60:
(A) the grab sample technique may also be used with instruments
such as Bacharach Fyrite (trade name) with the following
restrictions:
(i) Instruments such as the Bacharach Fyrite (trade
name) may only be used for the measurement of carbon
dioxide.
(ii) Repeated samples must be taken during the emission
test run to account for variations in the carbon
dioxide concentration. No less than four samples
should be taken during a one-hour test run, but as
many as necessary should be taken to produce a
reliable average.
(iii) The total concentration of gases other than carbon
dioxide, oxygen and nitrogen must be less than one
percent.
(B) For fuel burning sources, concentrations cf oxygen and
nitrogen can be calculated from combustion relations for
various fuels.
(9) For those processes for which the allowable emission rate is
determined by the production rate, provisions must be made
for controlling and measuring the production rate. It will
be the responsibility of the source to ensure, within the
limits of practicality, that the equipment or process being
tested is operated at or near its maximum normal production
rate or a lesser rate if specified by the Director, Division
, ofiEnvironmental Management, or his delegate. It will be
the responsibility of the individual conducting the emission
test to include with his test results data which accurately
represent the production rate during the test. Heat input
rates for fuel burning sources may be calculated from flue
gas measurements. A method describing such a calculation is
detailed in 40 CFR 60.45. This method requires the use of
carbon dioxide or oxygen measurements, and a higher order of
accuracy is necessary in these measurements than might be
expected for a molecular weight determination. Therefore,
the sampling and analytical methods acceptable for this
purpose are limited to integrated sampling and Orsat analysis
as describecd in Method 3 of Appendix A of 40 CFR 60. Data
taken with instruments such as the Bacharach Fyrite (trade
name) should only be used for corroborative purposes, but such
use is recommended.
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(10) Upon approval by the director or his delegate, test procedures
different from those set forth herein may be used. Furthermore,
the director or his delegate will have the option to prescribe
alternate test procedures on an individual basis when he
deems that such action is necessary to secure reliable test
data.
(e) All existing sources of emission shall comply with applicable
regulations and standards at the earliest possible date with all
sources being in compliance within three years from the approval
of the state's implementation plan by the federal government
except as described in Section .0700 of this Subchapter. All
new sources shall be in compliance prior to commencing operations,
(f) In addition to any control or manner of operation necessary to
meet emission standards in this Section, any source of air con-
tamination shall be operated with such controls or in such manner
that the source shall not cause the ambient air quality standards
of Section .0400 of this Subchapter to be exceeded at any point
beyond the premises on which the source is located.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.68; 143-215.107 (a) (5);
Eff. February 1, 1976;
Amended Eff. April 1, 1977.
(2.0) .0502 Purpose
It is the purpose of the emission control standards set out in Regula-
tions .0503 to .0509 of this Section to establish maximum limits or
the rate of emission of air contaminants into the atmosphere. All
sources shall be orovided with the maximum feasible control.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
' Eff, February 1, 1976.
(51.5) .0503 CONTROL OF PARTICULATES FROM FUEL BURNING SOURCES
i
(a) No person shall cause, suffer, allow, or permit particulate matter
caused by the combustion of a fuel to be discharged from any stack
or chimney into the atmosphere in excess of the hourly rate set
forth in the'following table:
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Maximum Allowable Emission
Heat Input In Of Particulate Matter In
Million BTU/Hour Ibs./M.mIon BTU
Up to and Including 10 0.60
100 0.33
1,'ODO 0.18
10,000 and .Greater 0.10
For a heat input between any two consecutive heat inputs stated in
the preceding table, maximum allowable emissions of particulate
matter snail be calculated by the equation E = 1.090 times 0 to
the-0.2594 power where F = maximum allowable emission of particulate
matter in Ibs./mi 11 ion BTU and 0 = heat input in million BTU/hour.
(b) For the purpose hereof, this Regulation applies to installations in
which fuel is burned for the purpose of producing heat or power by
indirect heat transfer. Fuels include those such as coal, coke,
lignite and fuel oil, but do not include wood or refuse. .When
any products or by-products of a manufacturing process are burned
for the same purpose, or in conjuction with any fuel, the same
maximum emissions limitations shall apply.
(c) For the purpose of this Regulation, the heat input shall be the
aggregate heat content of all fuel whose products of combustion
pass through a stack or stacks. The total heat input of all fuel
burning units on a plant or premises shall be used for determining
the maximum allowable amount of particulate matter which may be
emi tted.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976.
(51.5) .0504 PARTICULATES FROM WOOD BURNING INDIRECT HEAT EXCHANGERS
(a) No person shall cause, suffer, allow, or permit particulate matter
caused by the combustion of wood to be discharged into the
atmosphere in excess of the hourly rate set forth in the following
table:
»
Maximum Allowable Emission
Heat Input In ' Of Particulate Matter In
Million BTU/Hour Lbs./Million BTU
Up to and Including 10 °-?0
100 J.41
1,000' °-25
10,000 °-15
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For a heat input between any two consecutive heat inputs stated
in the oreceding table, maximum allowable emissions of particulate
matter shall be calculated by the equation E = L1698 times Q to
the -0.2230 power where E - maximum allowable emission of particu-
late matter in Ibs./million BTU and Q = heat input in million
BTU/hour.
(b) For the purpose hereof, this Regulation applies to installations
in which wood is burned for the primary purpose of producing
heat or power by indirect heat transfer.
(c) For the purpose of this Regulation, the heat content of wood
shall b.e 8,000 BTU per pound (dry-weight basis), and the total
heat input of all fuel burning units on a plant or premises shall
be used for determining the maximum allowable amount of particulate
matter which may be emitted.
History Note:
Statutory Authority G.S. 143-215.3 (a) (1);
1.43-215.107 (a) (5);
Eff. February 1, 1976.
(51.9) .0505 CONTROL OF PARTICULATES FROM REFUSE BURNING EQUIPMENT .
No person shall cause, suffer, allow, or permit the emission of
particulate matter from refuse burning equipment to be discharged
from any stack or chimney into the atmosphere in excess of the hourly
rate set forth in the following table:
Refuse Charged
Lbs./Hour
0 to 100
200
500
1,000
2,000 and'Above
Maximum Allowable Emission
Of Particulate Matter In
Lbs./Hour
0.2
0.4
1.0
2.0
4.0
For a refuse charge between any two consecutive rates stated in the
preceding ,table, maximum allowable emissions of particulate matter shall
be calculated by the equation E = 0.002 P where F = maximum allowable
emission of particulate matter in Ibs./hour and P = refuse charged in
Ibs./hour.
History Note:
Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976.
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(51.8) .0506 CONTROL OF PARTICIPATES FROM HOT MIX ASPHALT PLANTS
(a) No person shall cause, suffer, allow, or permit particulate matter
resulting from the operation of a hot mix asphalt plant to be
discharged into the atmosphere in excess of the rates set forth in
the following table:
Aggregate Maximum Allowable Emission
Process Rate Of Particulate Matter In
Tons/Hour Lbs./Hour
5 10
10 13
15 16
20 18
25 20
50 27
100 37
150 42
200 50
250 52
300 and Above 60
For rates between any two consecutive rates stated in the preceding
table, maximum allowable emissions of particulate matter shall be
calculated by the equation F = 4.9445 times P to the 0.4376 power
where E = maximum allowable emissions of particulate matter in ,
Ibs./hour and P = aggregate process rate in tons/hour.
(b) All hot mix asphalt plants shall be equipped with a fugitive dust
control system which shall be operated and maintained in such a
manner as to reduce to a minimum the emission of particulate
matter from any point other than the stack outlet.
(c) The owner or operator of the plant shall maintain dust control of
the plant premises and access roads by paving, oil treatment, or
other suitable measures.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976.
(51.1) .0507 PARTICULATES FROM CHEMICAL FERTILIZER MANUFACTURING PLANTS
(a) No person shall cause, suffer, allow, or permit particulate matter
caused by the manufacture, mixing, handling, or other operations in
the production of chemical fertilizer materials to be discharged from
any stack or chimney into the atmosphere in excess of the rates
set forth in the following table:
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Maximum Allowable Emission
Process Rate In Of Participate Matter In
Tons/Hour Lb.s./Hour
10 19
20 23
40 , 29
50 31
100 38
500 61
1,000 ' 78
For a production rate between any two consecutive rates stated in
the preceding table, maximum allowable emissions of particulate
matter shall be calculated by the equation E = 9.377 times P to
the 0.3067 power where E = maximum allowable emission of particulate
matter in Ibs./hour and P = process rate in tons/hour.
(b) The process-weight rate for chemical fertilizer manufacturing opera-
tions shall be considered as the sum of the production rate and the
recycle rate.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976.
(51.14) .0508 CONTROL OF PARTICULATES FROM PULP AND PAPER MILLS
No person shall cause, suffer, allow, or permit particulate matter
resulting from the production of pulp and paper to be discharged from
any stack or chimney into the atmosphere in excess of the following:
Maximum Allowable Emission Of
Particulate in Lbs./Equivalent
' Ton Of Air Dried Pulp
Recovery Furnace Stack 3.C
Dissolving Tank Vent 0.6
Lime Kiln Stack 0.5
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976.
(51.21) .0509 PARTI.CULATES FROM MICA OR FELDSPAR PROCESSING PLANTS
(a) No person shall cause, suffer, allow, or permit particulate matter
* caused by the processing of mica or feldspar to be discharged
from any stack or chimney into the atmosphere in excess of the.
rates set forth in the following table:
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. Actual Process Maximum Allowable Rate Of
Weight Rate Emission of Particulate
Tons/Hour Matter In Lbs./Hour
1 4.0
10 19.0
30 40.0
100 50.0
1,000 80.0
3,000 90.0
For process rates between 1 and 30 tons per hour, excluding 10
tons per hour, maximum allowable emissions of particulate matter
shall be calculated by the equation E = 4 times P to the 0.677
power where E = maximum allowable rate of emission of particulate
matter in Ibs./hour and P = actual process weight rate in tons/
hour. For process rates between 30 and 1,000 tons per hour, ex-
cluding 100 tons per hour, maximum allowable emissions of particu-
late matter shall be calculated by the equation E = 20,421
times P to the 0.1977 power where F = maximum allowable rate of
emission of particulate matter in Ibs./hour and P -• actual
process weight rate in tons/hour. For process rates between 1,000
and 3,000 maximum allowable emissions for particulate matter shall
be calculated by the equation E = 38.147 times P to the 0.1072
power where E = maximum allowable rate of emission of particulate
matter in Ibs./hour and P = actual process weight rate in tons/
hour.
(b) The owner or operator of the plant shall maintain dust control of
the plant premises and access roads by paving, oil treatment, or
other suitable measures.
(c) All stone crushing operations shall employ a water spray over the
crusher or other dust control devices as may be approved by the
commission.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976.
(51.3) .0510 PARTICULA1ES: SAND, GRAVEL, CRUSHED STONE OPERATIONS
(a) No person shall cause, suffer, allow, or permit any material to
be produced, handled, transported or stockpiled without taking
measures to reduce to a minimum any particulate matter from becoming
airborne, and in no case shall established ambient air quality
standards be exceeded at the property line.
(b) The owner or operator of the plant shall maintain dust control of
the plant premises and access roads by paving, oil treatment, or
other suitable measures.
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(c) All stone crushing operations shall employ a water spray over the
crusher.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976
(51.21) .0511 PARTICIPATES. SO (2) FROM LIGHTWEIGHT AGGREGATE PROCESSES
(a) No person shall cause, suffer, allow, or permit any material to be
produced, handled, transported or stockpiled without taking
measures to reduce to a minimum any particulate matter from
becoming airborne.
(b) The owner or operator of the plant shall maintain dust control of
the plant premises and access roads by paving, oil treatment, or
other suitable measures.
(c) All stone crushing operations shall employ a water spray over the
crusher.
(d) All stacks serving kilns or dryers shall be equipped with air
pollution control devices capable of collecting a minimum of 95
percent by weight of particulate matter and controlling the
emission of sulfur dioxide to not more than 2.3 pounds per million
BTU input.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976;
Amended Eff. April 1, 1977.
(51.3) .0512 PARTICULATES FROM HOOD PRODUCTS FINISHING PLANTS
No person shall cause, suffer, allow, or permit particulate matter
caused by the working, sanding, or finishing of wood to be discharged,from
any stackj vent,'or building into the atmosphere without providing, as
a minimum for its collection, adequate duct work and properly designed
collectors, or such other devices as approved by the commission, and
in no case shall established ambient air quality standards be exceeded
at the property line.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976
(51.3) .0513 CONTROL OF PARTICULATES FROM PORTLAND CEMENT PLANTS
All cement kilns shall be equipped with gas cleaning devices to reduce the
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parti cut ate matter in the gas discharged to the atmosphere to not less
than 99.7 percent of the participate matter entering the gas cleaning
device. However, participate matter discharged to the atmosphere shall
not exceed 0.327 pounds/barrel.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff, February 1, 1976
(51.4) .0514 CONTROL OF PARTICULATES FROM FERROUS JOBBING FOUNDRIES
(a) No person shall cause, suffer, permit, or allow the emission of
particulate matter which will exceed the limits specified in the
following table from any ferrous jobbing foundry cupola in operation
on or prior to January 1, 1972. Any foundry existing on or before
January 1, 1972, having a capacity greater than shown in the table
in Subdivision (b) of this Regulation, and any new foundry,
regardless of size, shall control particulate emissions in accordance
with the limits specified in Regulation .0515 of this Section,
"Particulatss from Miscellaneous Industrial Processes."
(b) The following table is for particulate emissions from ferrous
jobbing foundries existing on or before January 1, 1972:
Maximum Allowable
Process Weight Emission Rate
(Lbs./Hr.) . (Lbs./Hr.)
1,000 3.05
2,000 4.70
3,000 6.35
4,000 8.00
5,000 9.58
6,000 11.30
7,000 12.90
8,000 14.30
9,000 15.50
10,000 16.65
12,000 18,70
16,000 21.60
18,000 23.40
20,000 25.10
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976.
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(51.21).0515 PARTICIPATES FROM MISCELLANEOUS INDUSTRIAL PROCESSES
(a) No person shall cause, suffer, allow, or permit particulate matter
caused 6y industrial processes for which no other emission control
standards are applicable to be discharged from any stack, vent, or
outlet into the atmosphere in excess of the hourly rate shown in
the table in Subdivision (c) of this Regulation.
(b) Process weight per hour means the total weight of all materials
introduced into any specific process that may cause any emission of
particulate matter. Solid fuels charged are considered as part of
the process weight, but liquid and gaseous fuels and combustion
air are not. For a cyclical or batch operation, the process weight
per hour is derived by dividing the total process weight by the
number of hours in one complete operation from the beginning of
any given process to the completion thereof, excluding any time
during whicn the equipment is idle. For a continuous operation, the
process weight per hour is derived by dividing the process weight
for a typical period of time by the number of hours in that
typical period of time.
(c) The allowable emission rate for particulate matter based on actual
process weight rate is listed in the following table:
Process
Weight
Rate
Allowable
Emission Rate
for Particulate
Matter
Process
Weight
Rate
Allowable
Emission Rate
for Particulate
Matter
Lb/Hr Ton/Hr
Lb/Hr
Lb/Hr
Tons/Hr
Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.0Q
2.50
3.00
3.50
4.00
4.50
5.00
6.00
0.551
0.877
1.39
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.97
6.52
7.58
8.56
9.49
10.4
11.2
12.1
13.6
16,000
18,000
20,000
30,000
. 40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
8
q
10
15
20
25
30
35
40
45
50
60
70
80
100
500
1,000
3,000
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.1
51.3
69.0
77.6
92.7
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(d) Calculation of the rate of emission for process weight rates up
to 60,000 Ib/hr shall be accomplished by use of the equation
F = 4.10 times p to the power of 0.67 and for process weight
rates in excess of 60,000 Ib/hr shall be accomplished by use of the
equation F - 55.0 times P to th.e power of 0.11 minus 40 where E
= allowable emission rate for particulate matter in Ib/hr and p
= process weight rate in tons/hr.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976;
Amended Eff. December 1, 1976.
(51.6) .0516 SULFUR DIOXIDE EMISSIONS FROM FUEL BURNING INSTALLATIONS
No person shall cause, suffer, allow or permit sulfur dioxide caused
by the combustion of a fuel or fuels to be discharged from any stack
or chimney in excess of 2.3 pounds of sulfur dioxide per million BTU
input, provided that sources subject to an emission standard for this
pollutant in Regulation .0524 or .0525 of this Section shall meet
that standard.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976;
Amended Eff. April 1, 1977.
(51.18) .0517 EMISSIONS'FROM PLANTS PRODUCING SULFURIC ACID
No person shall cause, suffer, allow, or permit the discharge of air
contaminants resulting from the manufacture of sulfuric acid into the
atmosphere except in compliance with the following:
(1) The emission of sulfur dioxide into the atmosphere must be
limited to not more than 27 pounds for each ton of sulfuric
acid produced;
(2) The emission of acid mist must be limited to not more than
five-tenths of a pound per ton of sulfuric acid produced.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976.
(50.4) .0518 CONTROL OF HYDROCARBON EMISSIONS FROM STATIONARY SOURCES
(a) No person shall place, store or hold in any stationary tank.
reservoir, or other container of more than 50,000 gallons
capacity any liquid compound containing carbon and hydrogen or
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containing carbon and hydrogen in combination with any other
element1 which has a vapor pressure of one and five-tenths pounds per
square inch absolute or greater under actual storage conditions
unless such tank, reservoir, or other container.is a pressure
tank capable of maintaining working pressures sufficient at all
times to prevent vapor or gas loss into the atmosphere, or is
designed and equipped with one of the following vapor loss control
devices:
i
(1) a floating pontoon, or double deck type cover equipped with
closure seals to enclose any space between the cover's edge
and compartment wall; this control equipment shall not be
permitted if the compound is a photochemically reactive
material having a vapor pressure of 11.0 pounds per square inch
absolute or greater under actual storage conditions; all tank
gauging or sampling devices shall be gas-tight except when
tank gauging or sampling is taking place;
(2) a vapor recovery system which reduces the emission of organic
materials into the atmosphere by at least 90 percent by weight;
all tank gauging or sampling devices shall be gas-tight
except when tank gauging or sampling is taking place;
(3) other equipment or means of equal efficiency for purposes of
air pollution control as may be approved by the commission.
,(b) No person shall load in any one day more than 20,000 gallons of any
volatile organic compound into any tank-truck, trailer, or railroad
tank car frorr. any loading facility unless such loading incorporates
the use of submerged loading through boom loaders that extend
down into the compartment being loaded or by other methods acceptable
to the commission.
(c) No person shall discharge at any one site more than 40 pounds of
organic material into the atmosphere in any one day, from any
article^ machine, equipment or other contrivance used for employing,
applying, evaporating or drying any photochemically reactive material
or substance containing such solvent unless said discharge has been
reduced by )85 percent. Such photochemically reactive solvents
include any solvent with an aggregate of more than 20 percent of its
total volume composed of the chemical compounds classified below,
or which exceed any of the following percentage composition
limitations, referred to the total volume of the solvent:
(1) a combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cyclo-olefinic type of
unsaturation — five percent;
(2) a combination of aromatic hydrocarbons with eight or more
carbon atoms to the molecule except ethylbezene -- eight
percent;
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(3) a combination of ethylbenezene, ketones having branched
hydrocarbon structure, trichloroethylene, or toluene « 20
percent.
(d) Whenever any organic solvent, or any constituent of any organic
solvent may be classified from its chemical structure into more than
one of th« above groups of organic compounds, it shall be considered
, as a member of the most reactive chemical group, that is, that
group having the least allowable percent of the total volume of
solvents.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
. Eff. February 1, 1976.
(51.7) .0519 CONTROL OF NITROGEN DIOXIDE EMISSIONS
(a) No person shall cause or permit emissions of nitrogen dioxide from
an oil or gas-fired boiler with a capacity of 250 million BTU
per hour or more in excess of six-tenths of a pound per million BTU
of heat input per hour.
(b) No person shall cause or permit emissions of nitrogen dioxide from
a coal-fired boiler with a capacity of 250 million BTU or more in
excess of one and three-tenths pounds per million BTU of heat input
per hour.
(c) No person shall cause or permit the emission of nitrogen dioxide
from nitric acid manufacturing plants in excess of five and
eight-tenths pounds per ton of acid produced.
(d) No person shall cause or permit the emission of nitrogen dioxide
from sulfuric acid manufacturing plants utilizing the chamber
process in excess of five and eight-tenths pounds per ton of acid
produced.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976.
(51.13) .0520 CONTROL AND PROHIBITION OF OPEN BURNING
(a) Purpose. This Regulation is for the purpose of preventing,
abating, and controlling air pollution resulting from air contaminants
released in the open burning of refuse or other combustible materials.
(b) Scope. This Regulation shall apply to all operations involving open
burning except those specifically exempted by Subdivision (d) of
this Regulation.
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(c) No person shall cause, suffer, allow or permit open burning of
refuse or other combustible material except those covered by a
permit issued under the authority of the commission under Section
143-215.108 of the act or the regulations of a duly certified .
local air pollution control program having jurisdiction.
(d) Permissible Open Burning. While recognizing that open burning
contributes to air pollution, the commission is aware that
certain types of open burning may reasonably be allowed in the
public interest; therefore, the following types of open burning
are permissible as specified if burning is not prohibited by
ordinances and regulations of governmental entities having
jurisdiction. The authority to conduct open burning under the
provisions of this Regulation does not exempt or excuse any
person from the consequences, damages or injuries which may result
from such conduct, nor does it excuse or exempt any person from
complying with all applicable laws, ordinances, regulations and
orders of the governmental entities having jurisdiction even
though the open burning is conducted in compliance with this
Regulation. Permission granted under the authority of the commission
under this Regulation shall be subject to continuing review and
may be withdrawn at any time:
(1) fires purposely set for the instruction and training of fire-
fighting personnel when conducted under the supervision
of the North Carolina Insurance Department, North Carolina
technical institutes, or the North Carolina community colleges,
including the North Carolina Fire College and the North
Carolina Rescue College, which are conducted with the
cooperation of one or both of these agencies;
(2) fires purposely set for the instruction and training of
fire-fighting personnel at permanent fire-fighting training
facilities when conducted by a fire department, provided that
such fires will not be permitted if the primary purpose in
setting the fire is refuse disposal or recovery of salvageable
materials. Factors which may be considered in determination
of primary purpose include type, amount, and nature of
combustible substances;
(3) fires purposely set for the instruction and training of
industrial fire-fighting personnel in training programs which
are repetitious and continuous in nature if a plan containing
program aspects related to possible air pollution including,
but not limited to nature and location of the exercise, nature
of materials to be burned, amount of each type of material to
be burned, training objectives of the exercise, and, insofar
as it is known, a schedule of dates and times of the exercises,
has been submitted to and has been approved by the Director
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of the Division of Environmental Management, provided that
such fires will not be permitted if the primary purpose in
setting the fire is refuse disposal or recovery of salvageable
materials; Factors which may be considered in determination of
primary purpose include type, amount and nature of combustible
substances. Any deviations from the dates and times of
exercises, including additions, postponements, and deletions,
submitted in the schedule in the approved plan will be com-
municated verbally to the appropriate departmental field
office at least one hour before the change;
(4) fires purposely set for the instruction and training of public
and industrial fire-fighting personnel not covered under
Subdivisions (d) (1), (d) (2), or (d) (3) of this Regulation,
if the training program aspects related to possible air
pollution effects are approved in advance by the air quality
section and provided these fire-fighting exercise conditions
are met:
(A) The appropriate departmental field office must be initially
notified verbally or in writing at least 48 hours in
advance of any burning conducted in conjunction with a
fire training exercise. If initial notice is given verbally,
a written notification must also be submitted within
24 hours of the initial verbal notification. The
notification, either written or verbal, must include
nature and location of the exercise, date and time
exercise is to be held, nature of materials to be
burned, amount of each type of material to be burned,
. and training objectives of the exercise; '
(B) The burning of salvageable items, including but not
limited to insulated wire and electric motors, will not
be exempted as a fire-training exercise, except as
provided in Subdivision (C) (iii) of this Paragraph;
(C) The air quality regional engineer for the appropriate
departmental field office may withhold approval for burn-
ings purposely set for fire-fighting exercises, other than
those described in Subdivisions (d) (1), (d) (2), and
(d) (3) of this Regulation, in the following cases:
(•j) when the required notice has not been received 48
hours in advance of the proposed burning;
(ii) when the required notice does not include adequate
details with respect to the nature and location of
the exercise, date and time the exercise is to be
held, nature of objects or materials to be burned,
amount of each type of material to be burned, and'
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training objectives of the exercise;
(iii) when salvageable items are proposed to be burned in
conjunction with the exercise, except that the
regional engineer may allow an exercise involving the
burning of a motor vehicle if the sole objective is
instruction on the techniques of fighting such a fire;
The number of motor vehicles burned over a period of
time by any one training unit or by several related
training units shall be considered in determining
the objective of the exercises;
(iv) when the training unit has entered a formal or
informal contractual relationship prior to any
burning incorporated into a training exercise
wherein the unit is compensated for conducting the
burning;
(5) fires purposely set by manufacturers of fire extinguishing
materials or equipment, testing laboratories, or other
persons approved by the Environmental Management Commission, for
the purpose of testing or developing such materials
or equipment in accordance with a valid standard qualification
program;
(6) fires purposely set to agricultural lands for disease and
pest control and other accepted agricultural or wildlife
management practices acceptable to the North Carolina
Environmental Management Commission;
(7) fires purposely set to forest lands for forest management
practices acceptable to the division of forestry and the North
Carolina Environmental Management Commission;
(8) fires purposely set in rural areas for rights-of-way main-
tenance only in instances where there are no other practicable
or feasible methods of disposal and under conditions acceptable
to the North Carolina Environmental Management Commission.-,
(9) camp fires and fires used solely for outdoor cooking and other
recreational purposes, or for ceremonial occasions, or for
human warmth and comfort;
(10) open burning of leaves, tree branches or yard trimmings
originating on the premises of private residences and
burned on those premises in areas where no public pickup
facilities are available, and such burning is done between
8:00 a.m. and 6:00 p.m. and does not create a nuisance;
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(11) open burning for land clearing or right-of-way maintenance
in areas other than those zoned solely residential or used
primarily for residential purposes, provided the following
conditions are met:
(A) Prevailing winds at the time of burning must be away from
any city or town or built-up area, the ambient air of
which may be significantly affected by smoke, fly-ash,
or other air contaminants from the burning;
(.8) The location of the burning must be at least 1,000 feet
from any dwelling located in a predominantly resi-
dential area other than a dwelling structure located on
the property on which the burning is conducted;
(C) The amount of dirt or the material-being burned must be
minimized;
(D) Heavy oils, asphaltic materials, items containing
natural or synthetic rubber, or any materials other than
plant growth may not be burned;
(E) Initial burning may generally be commenced only between
the hours of 9:00 a.m. and 3:00 p.m., and no combustible
material may be added to the fire between 3:00 p.m. on
one day and 9:00 a.m. on the following day, except that,
under favorable meteorological conditions, deviation from
the above stated hours of burning may be granted by
the air pollution control agency having jurisdiction.
It shall be the responsibility of the owner or operator
of the open burning operation to obtain written approval
for burning during periods other than those specified
above;
(12) fires for the disposal of dangerous materials where there is no
alternative method of disposal, and burning is conducted in
accordance with procedures acceptable to the Environmental
Management Commission.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976;
Amended Eff. December 1, 1976.
(50.1.2).0521 CONTROL OF VISIBLE EMISSIONS
(a) Purpose. The intent of this Regulation is to promulgate rules
pertaining to the prevention, abatement, and control of emissions
generated as a result of fuel burning operations and other industrial
processes where an emission can be reasonably expected to occur,
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except during startups made in accordance with procedures approved
by the 'commission.
(b) Scope. This Regulation shall apply to all fuel burning installa-
tions and such other processes as may cause a visible emission
incident to the conduct of their operations, provided that sources
subject to an emission standard for this pollutant in Regulation
.0524 or .0525 of this Section shall meet that standard.
(c) Installations Existing as of July 1, 1971. No person shall cause,
suffer, allow, or permit emissions from any installation which are:
(1) of a shade or density darker than that designated as No. 2
on the Ringelmann Chart for an aggregate of more than five
minutes in any one hour or more than 20 minutes in any 24-
hour period, or
(2) of greater than 40 percent opacity for an aggregate .of more than
five minutes in any one hour or more than 20 minutes in any
24-hour period.
(d) Installations Established After July 1,1971. No person shall cause,
suffer, allow, or permit emissions from any installation which are:
(1) of a shade or density darker than that designated as No. 1
on' the Ringelmann Chart for an aggregate of more than five
minutes in any one hour or more than 20 minutes in any 24-
hour period, or
t
(2) of greater than 20 percent opacity for an aggregate of more
than five minutes in any one hour or more than 20 minutes in
any 24-hour period.
(e) Where the presence of uncombined water is the only reason for
failure of an emission to meet the limitations of Subdivision
(c) or (d) of this Regulation, those requirements shall not apply.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976;
Amended Eff. April 1, 1977; June 30, 1976.
(50.6) .0522 CONTROL AND PROHIBITION OF ODOROUS EMISSIONS
(a) Purpose. The purpose of this Regulation is to provide for the
control and prohibition of odorous emissions.
(b) Scope. This Regulation shall apply to all operations that produce
odorous emissions.
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(c) No person* shall cause,, suffer, allow, or permit any plant engaged
in the processing of animal, mineral, or vegetable matter to be
operated without employing suitable measures for the Control of
odorous emissions including wet scrubbers, incinerators, or such
other devices as may be approved by the commission.
History Note: Statutory Authority G.S, 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. February 1, 1976
(51.9) .0523 CONTROL OF CONICAL INCINERATORS
(a) Purpose. The purpose of this Regulation is to set forth the
requirements of the commission relating to the use of conical
incinerators in the burning of wood and agricultural waste.
(b) Scope. This Regulation shall apply to all conical incinerators
which are designed to incinerate wood and agricultural waste.
(c) No person shall cause, suffer, allow, or permit the burning of wood
or agricultural waste in a conical incinerator without taking
reasonable precaution to prevent air pollutants from becoming
airborne. Such reasonable precautions shall include, but not
be limited to, the following. Each conical incinerator subject to
this part shall be equipped and maintained with:
(1) an underfire and an overfire forced air system and variable
damper which shall be automatically controlled to ensure
the optimum temperature range for the complete combustion of the
amount and type of material waste being charged into the
incinerator;
(2) a temperature recorder for continuously recording the temperature
of the exit gas;
(3) a feed system capable of delivering the waste to be burned at
a sufficiently uniform rate to prevent temperature from
dropping below 800 degrees Fahrenheit during normal opera-
tion, with the exception of one startup and one shutdown per
day.
(d) The Owner of the conical incinerator shall monitor and report ambient
particulate concentrations in accordance with a method and schedule
acceptable to the commission.
(e) In no .case shall the ambient air quality standards as defined in
Section .0400 of this Subchapter be exceeded.
(f) The conical incinerator shall be operated in such a manner as to
prevent visible emissions from exceeding that shade or density
allowed by Regulation .0521 of this Section.
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(g) The distance a conical incinerator is located and/or operated from
the nearest structure(s) in which people reside or work shall be
optimized to prevent air quality impact and shall be subject to
approval by the commission.
(h) New conical incinerators shall be in compltance with this Regulation
on startup. Existing conical incinerators shall meet with the follow-
ing schedule:
(1) Reports and plans shall be submitted on or before July 1,
1974;
(2) Purchase contracts shall be let on or before October 1, 1974;
(3) Construction shall be begun on or before December 31, 1974;
(4) Facilities shall be completed and placed in operation on or
before June 1, 1975.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215/107 (a) (5);
Eff. February 1, 1976.
(10.0) .0524 NEH SOURCE PERFORMANCE STANDARDS
(a) Sources of the following types when subject to new source perform-
ance standards promulgated in 40 CFR 60 (CFR refers to "Code of
Federal Regulations") shall comply with the emission standards,
monitoring and reporting requirements, maintenance requirements,
notification and record keeping requirements, performance test
requirements, test method and procedure provisions, and any other
provisions, as required therein, rather than with any otherwise-
applicable regulation in this Section which would be in conflict
therewi th:
(1) fossil fuel-fired steam generators (40 CFR 60.1 to 60.49);
(2) ' incinerators (40 CFR 60.1 to 60.39 and 60.50 to 60.59);
(3) Portland cement plants (40 CFR 60.1 to 60.39 and 60.60 to
i ' 60.69);
(4) nitric acid plants (40 CFR 60.1 to 60.39 and 60.70 to
60.79);
(5) sulfuric acid plants (40 CFR 60.1 to 60.39 and 60.80 to
60.89);
(6) asphalt concrete plants (40 CFR 60.1 to 60.39 and 60.90 to
60.99);
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(7) petroleum refineries (40 CFR 60.1 to 60.39 and 60.100
to ,60.109);
(8) storage vessels for petroleum liquids (40 CFR 60.1 to
60.39 and .60.110 to 60.119); .
t
(9) secondary lead smelters (40 CFR 60.1 to 60.39 and
60.120 to 60.129);
(10) secondary brass and bronze ingot production plants (40 CFR
60.1 to 60.39 and 60.130 to 60.139);
(11) iron and steel plants (40 CFR 60.1 to 60.39 and 60.140
to 60.149);
(12) sewage treatment plants (40 CFR 60.1 to 60.39 and 60.150 to
60.159);
(13) phosphate fertilizer industry: wet process phosphoric acid
plants (40 CFR 60.1 to 60.39 and 60.200 to 60.209);
(14) phosphate fertilizer industry: superphosphoric acid plants (40
CFR 60.1 to 60.39 and 60.210 to 60.219);
(15) phosphate fertilizer industry: diammonium phosphate plants (40
CFR 60.1 to 60.39 and 60.220 to 60.229);
(16) phosphate fertilizer industry: triple superphosphate
plants (40 CFR 60.1 to 60.39 and 60.230 to 60.239);
(17) phosphate fertilizer industry: granular triple superphosphate
storage facilities (40 CFR 60.1 to 60.39 and 60.240 to 60.249);
(18) steel industry: electric arc furnaces (40 CFR 60.1 to 60.39
and 60.270 to 60.279);
(19) coal preparation plants (40 CFR 60.1 to 60.39 and 60.250
to 60.259);
(20) primary copper smelters (40 CFR 60.1 to 60.39 and 60.160 to
60.169);
(21) primary zinc smelters (40 CFR 60.1 to 60.39 and 60.170
to 60.179);
(22) primary lead smelters (40 CFR 60.1 to 60.39 and 60.180 to
60.189);
(23) primary aluminum reduction plants (40 CFR 60.1 to 60.39 and
60.190 to 60.199).
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(b) All requests, reports, applications, submittals, and other
communications to the administrator required undar Subdivision (a)
of this Regulation shall be submitted to the Environmental Manage-
ment Commission rather than to the Environmental Protection Agency.
(c) In the application of this Regulation, definitions contained in
40 CFR 60 shall apply rather than those of Section .0100 of this
Subchapter when conflict exists.
History Note: Statutory Authority G,S. 143-215.3 (a) (1);
143-215.60; 143-215.107 (a) (5);
Eff. June 18, 1976.
(11.0) .0525 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
(a) Sources emitting pollutants of the following types when subject to
national emission standards for hazardous air pollutants promulgated
in 40 CFR 61 (CFR refers to "Code of Federal Regulations") shall
comply wi.th emission standards, monitoring and reporting requirements,
notification and record keeping requirements, performance test
requirements, test method and procedure provisions, and any other
provisions, as required therein, rather than with any otherwise
applicable regulation in this Section which would be in conflict
therewith:
(1) asbestos (40 CFR 61.01 to 61.29),
(2) beryllium (40 CFR 61.01 to 61.19 and 61.30 to 61.39),
(3) beryllium from rocket motor firing (40 CFR 61.01 to
,61.19 and 61.40 to 61.49),
(4) mercury (40 CFR 61.01 to 61.19 and 61.50 to 61.59).
(b) All requests, reports, applications, submittals, and other
communications to the administrator required under Subdivision
(a) of this Regulation shall be submitted to the Environmental
Management Commission rather than to the Environmental Protection
Agency.
(c) In the application of this Regulation, definitions contained in
40 CFR 61 shall apply rather than those of Section .0100 of this
Subchapter when conflict exists.
History Note; Statutory Authority G.S. 143-215.3 (a) (1);
143-215.107 (a) (5);
Eff. June 18, 1976.
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( 9.0)
(13.0) SECTION .0600 - AIR CONTAMINANTS; MONITORING. REPORTING
( 2.0) .0601 PURPOSE. AND SCOPE
(a) The purpose of this Section is to set forth the requirements
of the comrr.ission relating to monitoring air contaminant emissions
and filing reports covering their discharge into the outdoor
atmosphere of the state.
(b) This Section shall apply to all persons subject to the provisions
of Section .0600 of Subchapter 2H of this Title.
History Note: Statutory Authority G.S. 143-215.3 (a) (l);
143-215.68;
Eff. February 1, 1976;
Amended Eff. June 18, 1976.
(1.0) .0602 DEFINITIONS
The following definitions of terms apply throughout this Section with the
exception of Regulation .0603 in which the definitions contained in 40
CFR 60 shall apply:
(1) "CFR" means the "Code of Federal Regulations."
(2) "Fossil fuel-fired steam generator" means a furnace or boiler
used in the process of burning fossil fuel for the primary
purpose of producing steam by heat transfer.
(3) "Capacity factor" means the ratio of the average load on a
machine or equipment for the period of time considered to
the capacity rating of the machine or equipment.
(4) "Excess emissions" means emissions of an air pollutant in
excess of an emission standard.
(5) "Emission standard" means a regulation (or portion thereof)
> setting forth an allowable rate of emissions, level of opacity,
or prescribing equipment or fuel specifications that result in
control of air pollution emissions.
(6) '"Sulfuric acid plant" means any facility producing sulfuric acid
by the contact process by burning elemental sulfur, alkylation
acid, hydrogen sulfi.de, or acid sludge, but does not include
facilities where conversion to sulfuric acid is utilized
primarily as a means of preventing emissions to the atmosphere
of sulfur dioxide or other sulfur compounds.
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(7) "Nitric acid plant" means any facility producing nitric acid
30 to 70 percent in strength by either the pressure or
atmospheric pressure process.
i
(8) "Distillate oils" are those liquid fractions of petroleum
which are normally derived by vaporization and condensation of
petroleum remaining after gasoline and fractions more volatile
than gasoline have been removed.
(9) "Residual oils" are those liquid or semi-liquid fractions of
petroleum remaining after distillate oils and fractions more
volatile than distillate oils have been removed.
History Npte: Statutory Authority G.S. 143-215.3 (a). (1);
143-215.68;
Eff. February 1, 1976;
Amended Eff. June 18, 1976.
(10.0) .0603 SOURCES COVERED BY NEW SOURCE PERFORMANCE STANDARDS
Sources of the following types when subject to new source performance
standards promulgated in 40 CFR 60 shall be monitored as required
therein, and the excess emissions shall be reported as specified therein
quarterly to,the commission:
(1) fossil fuel-fired steam generators (40 CFR 60.1 to 60.49),
(2) nitric acid plants (40 CFR 60.1 to 60.39 and 60.70 to 60.79),
(3) sulfuric acid plants (40 CFR 60.1 to 60.39 and 60.80 to
60.89K
(4) petroleum refineries (40 CFR 60.1 to 60.39 and 60.100 to
60 .'109),
(5) primary copper smelters (40 CFR 60.1 to 60.39 and 60.160
to 60.169),
(6) primary zinc smelters (40 CFR 60.1 to 60.39 and 60.170 to
60.179),
(7) primary lead smelters (40 CFR 60.1 to 60.39 and 60.180 to
60.189).
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.68;
Eff. February 1, 1976;
Amended Eff. June 18, 1976.
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(2.0) .0604 SOURCES COVERED BY IMPLEMENTATION PLAN REQUIREMENTS
(a) Sources of the following types when included in Subdivision 1.1
of Appendix P of 40 CFR 51 concerning the preparation, adoption,
and submittal of implementation plans but not including those
sources covered by Regulation .0.603 of this Section shall be
monitored as described in Subdivision 2 and Subdivision 3, Para-
graphs 3.1.1 to 3.1.5, where the performance specifications are
those found in Appendix B of 40 CFR 60, and Paragraphs 3.2 to
3.8, of Appendix P of 40 CFR 51; and the excess emissions shall
be reported quarterly to the commission in the manner described in
Subdivision 4 and Subdivision 5, Paragraphs 5.1 to 5.3,3, of
Appendix P of 40 CFR 51 except as otherwise provided in this Section:
(1) fossil fuel-fired steam generators,
(2) nitric acid plants,
(3) sulfuric acid plants,
(4) petroleum refineries.
The minimum requirements described in the referenced portions of
Appendix P of 40 CFR 51 are hereby adopted as the requirements to
be used under this Regulation. Wherever the language of the
referenced portion of Appendix P of 40 CFR 51 speaks of the "state"
or "state plan," the requirements described therein shall apply
to those sources to which they pertain.
(b) A source which has purchased an emission monitoring system prior to
September 11, 1974, is exempt from having to meet the test procedures
described in 40 CFR 60 Appendix B for a period of five years
following the approval by the Environmental Protection Agency of
this Regulation as a part of the North Carolina State Implementa-
tion Plan, provided that such system was approved under the then
regulation number 8 which was recodified as Section .0600 of
Subchapter 2D of Title 15 of the North Carolina Administrative Code,
effective February 1, 1976. A monitoring scheme which uses
significant manual operations, for example, a periodic grab sampling
and analysis scheme, is not considered to be an emission monitoring
system as described in this Subdivision.
(c) When effluents from two or more affected facilities of similar
design and operating characteristics are combined before being
released to the atmosphere, the monitoring system may be installed
on the combined effluent.
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(d) A six-minute time period shall be deemed appropriate as an alternative
opacity averaging time period as described in Subdivision 4.2 of
Appendix P of 40 CFR 51.
(e) Data reporting or reduction procedures varying from those pre-
scribed by this Regulation may be used if the owner or operator of a
source shows to the satisfaction of the Director, Division of
Environmental Management, that the alternate procedures are at
least as accurate as those in the Regulation.
(f) Alternative monitoring and reporting requirements may be approved,
on a case-by-case basis, by the Director, Division of Environmental
Management, through the following procedure:
(1) The owner or operator of a source may apply in writing to the
director for approval of alternative monitoring and reporting
requirements. The application shall include:
(A) the basis or reason that alternative monitoring and
reporting requirements are more desirable than those
prescribed by this Regulation,
(B) a proposal of alternative monitoring and reporting
requirements,
(C) any other information that the source owner or operator
feels would be helpful to the director in his evaluation
of the application.
(2) Examples of situations where alternative monitoring and report-
ing requirements may be approved include, but are not limited
to, the following:
(A) when installation of a continuous monitoring system or
device prescribed by this Regulation would not provide
accurate determinations of emissions;
(BJ when the affected facility is operated on less than 30 days
per year;
(C) when effluents from two or more facilities of significantly
different design and operating characteristics are combined
before release to the atmosphere or when the effluent is
released to the atomosphere through more than one point;
(D) when the director determines that the requirements
prescribed by this Regulation would impose an extreme
economic burden on the source owner or operator; The
determination of an extreme economic burden shall be
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made on the basis of whether meeting the requirements
prescribed by this Regulation would produce serious
hardship without equal or greater benefit to the public;
(E) when the monitoring systems prescribed by this Regulation
cannot be installed due to physical limitations at the
facility; The determination of such limitations shall
be made on the basis of whether meeting the requirements
prescribed by this Regulation would necessitate significant
reconstruction of the facility,
(3) The director may require the submission of additional informa-
tion as he deems appropriate to evaluate the application.
(4) Upon making a determination that the source should be subject
to alternative monitoring and reporting requirements, the
director may approve either the proposed alternative monitoring
' and reporting requirements or any other monitoring and reporting
requirements that he deems appropriate and feasible.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.68;
Eff. February 1, 1976;
Amended Eff. June 18, 1976.
(50.1.2).0605 WOOD AND WOOD FOSSIL FUEL COMBINATION UNITS
(a) There shall be installed, calibrated, maintained, and operated a
photoelectric or other type visible emissions detector and recorder
on any stack discharging the flue gases from one or more steam
generatpr units when the heat input from wood fuels (or when the
sum of the heat inputs from wood fuels and liquid or solid fossil
fuels for generators not covered by Regulation .0603 or .0604 of
this Section) to any individual steam generator unit discharging
to said stack exceeds 250 million BTU per hour and the annual
average capacity factor is greater than 30 percent as demonstrated
to the state by the owner or operator.
(b) The visible emissions detector instrumentation shall be subject to
the manufacturer's recommended zero adjustment and calibration
procedures.
(c) The record of such measurements shall be summarized showing the
date and duration of any violations of the requirements of applicable
visible emission regulations and submitted to the Environmental
Management Commission at quarterly intervals. The recorder charts
from which the summary is prepared shall be retained for at least
one year and made available for inspection by personnel of the
division of environmental management.
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History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.68;
, Eff. February 1, 1976;
Amended Eff. June 18, 1976.
(51.2) .0606 OTHER COAL OR RESIDUAL OIL BURNERS
(a) Provisions shall be made for determining sulfur dioxide emissions
into the ambieht air by all sources which burn coal or residual
oil and which are not required to monitor for sulfur dioxide
emissions by Regulation .0603 or .0604 of this Section when the
sum of the heat inputs from coal and residual oil to any individual
unit exceeds 250 million BTU per hour and the unit has an annual
average capacity factor of greater than 30 percent, as reported
to the Federal Power Commission for calendar year 1974, or as
otherwise demonstrated to the state by the owner or operator.
(b) Such determinations may be made by an instrument for continuously
monitoring and recording sulfur dioxide emissions or in the case of
fuel burning installations by analyses of representative samples
of fuels to determine BTU value and percent sulfur content or by
such content or by such other procedures as may be approved by the
Director, Division of Environmental Management, or his delegate.
(c) The continuous monitoring of sulfur dioxide emissions and the
determination of the sulfur content of fuels shall be conducted
in accordance with procedures approved by the Director, Division
of Environmental Management, or his delegate.
(d) The data to be reported quarterly to the commission shall include:
(1) in the case of fuel analysis, the quantity and type of fuels
burned, the BTU value, the sulfur content in percent by
weight, and the total calculated sulfur dioxide emissions in
those cases where these emissions are excess emissions;
(2) in the case of continuous monitoring of emissions, the emission
rate expressed in the same units as the applicable standard,
the maximum instantaneous rate, and the total sulfur dioxide
emissions in those cases where these emissions are excess
emissions. Recorder charts from continuous monitoring instru-
ments shall be retained for at least one year and made available
for inspection by personnel of the divison of environmental
management.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.68;
Eff. February 1, 1976;
Amended Eff. December 1, 1976; June 18, 1976.
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( 9.0)
(13.0) .0607 EXCEPTIONS TO MONITORING AND REPORTING REQUIREMENTS
(a) The following exceptions apply to Regulations .0604 to .0606 of
this. Section:
(1) A source not subject to an emission standard of Section .0500
of this Subchapter shall not be required to be monitored or
reported under this Section.
(2) A source scheduled for retirement by October 6, 1980,
shall not be required to be monitored or reported under this
Section, provided that adequate evidence and guarantees are
provided that clearly show that the source will cease operations
1 prior to such date.
(3) Monitoring and reporting during a period of monitoring system
malfunction shall not be required under this Section, provided
that the source owner or operator shows, to the satisfaction of
the Director, Division of Environmental Management, that the
malfunction was unavoidable and is being repaired as expedi-
tiously as practicable.
(4) Proof of continuous monitoring system performance shall be
provided on request of the Director, Divison of Environmental
Management, when system repairs or adjustments have been made.
(b) Sources otherwise required to be monitored and reported under
Regulation .0605 or .0606 of this Section shall not be required to
be monitored or reported under this Section if the source is
operated on less than 30 days per year.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.68;
Eff. February 1, 1976;
Amended Eff. June 18, 1976.
(2.0) .0608 PROGRAM SCHEDULE
(a) All persons required to report emissions by Regulations .0603,
.0604, .0605 or .0606 of this Section shall have in operation a
monitoring program for each affected source on and after the day
18 months following approval by the Environmental Protection Agency
of this Regulation as a part of the North Carolina State Implementa-
tion Program except that reasonable extensions of this period may be
granted'as described in 40 CFR 51.19 (e) (5) and Subdivision 1.3
of Appendix P of 40 CFR 51.
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(b) All persons required to report emissions by Regulation .0605 or .0606
of this Section shall, by October 16, 1976, (November 1, 1973, for
affected facilities which were required to be monitored under the
then regulation number 8 which was recodified as Section .0600
of Subchapter 2D of Title 15 of the North Carolina Administrative
Code, effective February 1, 1976) submit to the division of
environmental management for review and approval a program for
complying with such requirements. Such a program shall include a
statement concerning the qualifications of the personnel who will
. be doing the sampling and sample analysis, the date by which the
first report will be submitted, and a description of the pro-
cedures, and equipment for sampling and sample analysis.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.68;
' Eff. June 18, 1976.
(3.0)
(9.0) .0609 MONITORING CONDITION IN PERMIT
Reference to the obligations of the approved monitoring program shall
be included as a condition of the permit issued for the source. In the
case of permits outstanding, this reference shall be included upon
renewal of the permit. .
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.68; :
Eff. June 18, 1976.
(2.0) .0610 DELEGATION
The director is authorized to exercise all functions necessary to
administer this Regulation and to delegate any or all such functions,
except that he shall not delegate below the level of regional engineers,
division of environmental management.
History" Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.3 (a) (4);
' Eff. June 18, 1976
(2.0) SECTION .0700 - POST ATTAINMENT POLICY
(2.0) .0701 APPLICABILITY
North Carolina's federally approved air quality implementation plan
prescribes that sources be in compliance with national secondary
standards by May 31, 1975. This policy states enforcement procedures to
be taken against point sources and area sources which will not be in
compliance with applicable emission standards and compliance schedules
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by June 1, 1975. No formal enforcement action will be taken against j
those sources which will be in compliance by August 31, 1975. I
i
History Note: Statutory Authority G.S. 143-215.3 (a) (1); !
143-215.110; ' !
Eff. February 1, 1976. !
(1.0) .0702 DEFINITIONS
The follo'wing definitions of terms, apply throughout this Section:
(1) "Point sources" mean those sources capable of emitting more
than 100 tons per year of any pollutant should there be
no control employed.
(2) "Good faith effort" means that positive action taken by a
company that is specifically intended to lead to achievement
of compliance with applicable air quality standards. Verbal
intent alone to do something cannot be considered a good
faith effort. Positive actions include awarding of contracts,
submittal of permit application, ordering equipment, installa-
tion of equipment, and documented futile attempts to obtain
"clean fuel" where control has not, in the past, been
practical.
(3) "Area sources" mean all sources other than point sources.
(4) "Significant public interest" means comments from the. public
containing evidence which show that the public health may be
endangered by the proposed extension or that compliance can
be achieved in a shorter period of time than that proposed.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.110;
Eff. February 1, 1976.
(2.0) .0703 SOURCE CATEGORIES
Point sources and area sources will each be divided into four categories
as follows:
(1) Category A includes sources which have shown good faith, but
due to the following types of reasons will be unable to meet
•their present compliance schedules:
(A) delays in construction time, due to the inability to
obtain certain construction materials (example --
steel);
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(B) inability to obtain firm contracts for low sulfur fuels;
(C) delays in equipment delivery;
i '• .
(D) operational problems associated with new control equipment;
(E) sources that have established compliance through
1 utilizing by-product markets, but are required to change
control strategies, due to loss of by-product market;
(F) equipment installation delays beyond the control of the
source.
(2) Category B includes sources which have shown good faith, but
due to the following types of reasons will be unable to meet
their compliance schedules:
(A) sources that have not established controls, due to
technological indecision;
(B) sources that have been identified and located by the
division of environmental management in the latter part of
the compliance period, thus making it impossible to meet
the schedule for compliance;
(C) contracts for control equipment were not made in time
to allow completion of schedule.
(3) Category C includes sources which have made little or no
effort to comply with air quality emission standards,
compliance schedules, permit conditions, or failed to obtain
or renew a permit. Placing a source within this category will
be based primarily on the recommendations of the field
engineers.
(4) Category D includes sources, including those in any of the
above categories, which if granted a compliance extension
could possibly either singularly or in-combination with other
sources result in contravention of any national primary anbient
air quality standard.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.110;
Eff. February 1, 1976.
(15.0) .0704 ENFORCEMENT PROCEDURES
(a) General. Enforcement procedures will consist of a least one of the
following: :
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(1) special order by consent,
(2) special order, . .
(3) special order and assessment of a civil penalty,
i '
(4) criminal action or injunctive relief.
(b) Enforcement Procedures Against Sources Which Fall in Categories A and
B, as Defined in Regulation .0703 of this Section. An attempt
will be made to negotiate special orders by consent pursuant to
, G.S. 143-216.110 for sources which fall in categories A and B:
(1) Procedure for issuing special orders by consent:
(A) Notify source by letter of the impending deadline,
probable violation, and desire to resolve matter by
issuance of a special order by consent;
(B) Negotiate with source (this would include compliance
schedules, and such special conditions as needed and
filing of documentation by source);
(C) Submit proposed order to EPA for approval (point
sources for sulfur dioxide and TSP only);
(D) Publish notice of proposed special orders extending
date for compliance; One public notice may be used to cover
several proposed special orders;
(E) Orders will be submitted to the Environmental Management
Commission for approval and execution:
(F) In case of school systems, one order may be issued to
cover a group of schools in a given county, if the facts
are the same for each.
(2) Procedure for Issuing Special Orders. If a source in
categories A or B refuses to enter into a special order by
consent, then a special order pursuant to an adjudicatory
hearing will be issued. The procedure is the same as for
special order by consent except for addition cf the following:
(A) request EPA to issue section 114 letter;
(B) request the Director, DEM, to designate a hearing
officer to conduct adjudicatory hearings;
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(C) issue public notice of hearing which includes proposed
special order and evidence substantiating noncompliance;
if party accepts special order without hearing, it is then
a special order by consent;
(D) hearing officer holds hearing, and depending upon
findings may issue special order.
(c) Enforcement Procedures Against Sources in Category C, as defined in
Regulation .0703 of this Section. Enforcement procedures against
sources in Category C will be a special order by consent or a
special order and assessment of civil penalty by the director. The
procedure would be exactly the same as that described in Subdivi-
sion (b) of this Regulation, except that the penalty would be
assessed at the time the special order by consent or the special
order is issued. Criminal action and injunctive relief will be
reserved for use against those sources which either violate special
orders and/or have shown no cooperation with complying with air
quality standards from the time the program was first initiated
until June 1, 1975. Action against those sources will be filed as
soon as possible after June 1, 1975.
(d) Enforcement Procedures Against Sources in Category D, as Defined in
Regulation .0703 of this Section. No compliance extension will be
approved unless the source meets the requirements of Section 110
(f) of the Clean Air Act Amendments. If the source satisfies the
section 110 requirements, enforcement will proceed under any of
the four procedures in Subdivision (a) of this Section.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.110;
Eff. February 1, 1976;
Amended Eff. December 1, 1976.
(2.0) .0705 DOCUMENTATION FOR SPECIAL ORDERS
Documentation procedures shall consist of the following:
(1) Establish five increments of progress for the attainment of
control strategies;
(2) Contract date made by July 1, 1975, for the installation of
control equipment;
(3) In cases where delays have occurred, due to non-availability
of control equipment, obtain documentation from supplier;
(4) In cases where lack of clean fuel is the case of non-
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compliance, show documented proof by at least two fuel
suppliers that clean fuel is not available;
(5) Evidence that emissions levels will be maintained at, or
below present levels, pending completion of control installa-
tions;
i
(6) Furnish report on all increments of progress;
(7) Conference with state and EPA concerning adequate schedule
to complete the attainment of control concerning each source;
(8) Source is to proceed as expeditiously as possible toward
'obtaining compliance, with dates not to exceed July 1, 1977,
unless a longer schedule is necessary, due to the magnitude of
control strategy.
History Note: Statutory Authority G.S. 143-215.3. (a) (1);
143-215.110;
Eff. February 1, 1976.
(16.0) .0706 PUBLIC PARTICIPATION
(a) Notice of Intent to Issue Special Orders by Consent
(1) Notice of intent to issue special orders by consent (SOC)
shall be published at least once in the five largest-circulation
newspapers of the state at least 45 days prior to submittal of
the SOCs to the Environmental Management Commission for
approval. The notice shall provide for 30-day period in which
'public comment may be submitted to the air quality section.
Notices shall contain,the following minimum information:
name of source (s), location (city and/or county), and final
•compliance date.
(2) At the close of the 30-day comment period, the air quality
and enforcement sections will review any comments received to
determine if significant public interest exists to warrant
a public hearing. However, the determination need not wait
until close of the 30-day period if a substantial number of
'public comments are received early in the comment period.
(3) Notices may be issued for more than one source, but will be
lisjbed in the notice alphabetically by counties.
(b) Public Hearings.
(1) On Proposed Special Orders by Consent
(A) If significant public interest is expressed in.the proposed
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issuance of special order by•consent, the director shall
be requested to convene a hearing utilizing the same
procedures as spelled out in Regulation .0402 of
Subchapter 21, Title 15, NCAC, and to designate the
hearing officer (s).
(B) Notice of the hearing shall be given 20 days in advance of
the hearing to all persons who submitted comments oh the
proposed order, and shall be published and contain the
minimum information listed in Subdivision (a) (1) of
this Regulation.
(2) On Proposed Special Orders. An administrative hearing must
be held in accordance with Section .0300, Subchapter 21,
Title 15, prior to the issuance of every special order.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.110;
Eff. February 1, 1976;
Amended Eff. December 1, 1976.
(2.0) .0707 EXTENSIONS
(a) The commission reiterates its intent that all special.orders and
special orders by consent issued under this.Section be enforced by
the Director, Division of Environmental Management, pursuant to
enforcement procedures contained in G.S. 143-215.114 and 15 NCAC 2J.
Accordingly, extensions are extraordinary procedures available
to sources solely in the discretion of the Environmental Management
Commission. .
(b) Requests by sources for extensions shall be submitted to the
Director, Division of Environmental Management. Such requests
must be in writing and include, at the least, the following
information:
i
(1) length of extension requested, and
(2) ^reasons for requesting extension.
(c) The Director, Division of Environmental Management, shall refer
the requests to the commission only when he finds:
(1) The source has demonstrated that the inability of the source
to comply with its special order or special order by consent is
due to extenuating circumstances clearly beyond the control
of the source which could not have been prevented by the
source had reasonable foresight been exercised;
(2) Cost to the source was not the cause of the inability of the
source to comply; and
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(3) The request was submitted at least 3Q days prior to any
interim date that would cause the final date not to be met
or at least 45 days prior to any final date.
(d) When any extension request is granted by the Environmental Management
Commission, the procedures applicable to issuance of special
orders by consent shall be followed as provided in this section.
History Note: Statutory Authority G.S, 143-215.3 (a) (1);
143-215.110;
Eff. December 1, 1976.
(10.0) SECTION .0800 - COMPLEX SOURCES
( 2.0) .0801 PURPOSE AND SCOPE
(a) The purpose of this Section is to set forth requirements of the
commission relating to construction or modification.of a facility,
building, structure, or installation or combination thereof which
may result in violation of ambient air quality standards.
(b) This,Section shall apply to any person who proposes to construct
or modify any facilities which would result in:
(1) open parking lots, including shopping center lots having
1,500 or more vehicle capacity, and parking decks, including
shopping center decks and parking garages having capacity for
750 or more vehicles;
(2) subdivisions, housing developments, apartment complexes,
and trailer courts having 500 or more units resulting in a
population density of 7,680 per square mile (12 persons per
acre) or more;
(3) stadiums and sports arenas having a seating,capacity of
25,000 or more, or 8,000 vehicle parking spaces or more;
(4) drive-in theaters having 700 or more parking spaces; or
(5) amusement parks and recreation areas designed to serve
25,000 persons per day or more, or to accommodate parking of
8,000 vehicles or more.
(c) For purposes of this Section any facility which on November 15,
1973, is under construction, or is being installed, or is the
subject of a contract for construction, installation or purchase,
shall not be considered to be a new air contaminant source.
(d) Approval to construct or modify an indirect source shall not
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relieve any owner or operator of the responsibility to comply with
the state control strategy and all local and state regulations
which are part of the North Carolina implementation plan.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.109;
Eff. February 1, 1976;
Amended Eff. December 1, 1976,
(3.0) .0802 PERMITS
(a) No person shall construct or modify any facility set forth in
Regulation .0801 (b) (1) to ,0801 (b) (5) of this Section until such
person has applied for and received a permit from the commission,
and has complied with any and all terms and conditions therein.
(b) All applications for permits to construct or modify a complex
source shall be made on forms provided by the commission and may
include, at the discretion of the commission, a requirement that the
owner of the source conduct air quality monitoring and perform
dispersion and diffusion analysis to predict impact of proposed
construction or modification on air quality.
(c) Prior to approving or disapproving the construction or modification
of any complex source, the information submitted by the owner
or operator, as well as the agency's analysis of. the effect on
ambient air quality (including the agency's preliminary approval
or disapproval), shall be made available for public inspection in at
least one location in the region affected. This shall be accomplished
by publishing a notice by prominent advertisement in the region
affected, and shall allow a 30-day period for submittal of
public comment.
(d) The commission shall not approve any application for a permit which
would:
(1) interfere with the attainment or maintenance of any ambient
air quality standard., or
(2) resiilt in violation of applicable portions of the implementa-
tion plan control strategy.
History Note: Statutory Authority G.S. 143-215.3 (a) (l);
143-215.109;
Eff. February 1, 1976.
(12.0).0803 HIGHWAY PROJECTS
In accordance with the National Environmental Policy Act, and the North
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Carolina Environmental Policy Act, assessments regarding highway projects
will be reviewed. If there is no assessment, or if an assessment fails
to complement the purpose of this Regulation due to negative declaration,
improper address to the air problem, insufficient information, or failure
in abatement proceedings, or if the environmental impact assessment
fails to show that the highway project will not result in violations of
applicable portions of the control strategy, and will not interfere with
attainment or-maintenance of a national standard, then the following
regulatory provisions shall apply:
(1) No person shall construct or modify any highway if that
highway will result in a contravention of ambient air quality
standards;
(2) No person shall construct or modify any highway with an
expected maximum traffic volume of 2,000 vehicles per hour or
more within 10 years, unless or until such person has applied
for and received a permit from the commission, and has complied
with any terms and conditions therein.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);.,
143-215.109;
Eff. February 1, 1976.
(10.0) .0804 AIRPORT FACILITIES
No person shall construct or modify any airport facility expected to
have 100,000 or more annual aircraft operations, or 45 or more peak-
hour aircraft operations (one operation equals one takeoff, or one landing)
within 10 years, unless or until such person has applied for and received
a permit from the commission, and has complied with any and all terms
and conditions therein.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.109;
Eff. February 1, 1976
(3.0) SECTION .0600 - AIR QUALITY PERMITS
(2.0) .0601 PURPOSE AND SCOPE
(a) This Section implements G.S. 143-215.108 and 143-215.109 concerning
permits for sources of air pollution and complex sources.
(b) After the effective date of any air quality or emission control
standards established pursuant to G.S. 143-215.107, no person shall
do any of the following things or carry out any of the following
activities which contravene or will be likely to contravene such
standards until or unless such person shall have applied for, and
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shall have received from the commission a permit therefor and shall
have complied with such conditions, if any, as are prescribed
by such permit:
(1) establish or operate any air contaminant source;
(2) build, erect, use or operate any equipment which may result
in the emission of air contaminants or which is likely to
cause air pollution;
(3) alter or change th.e construction or method of operation of
any equipment or process from which air contaminants are of may
be emitted;
(4) enter into a contract for the construction and installation
of any air cleaning device or allow or cause such device to
be constructed, installed or operated.
(c) For the purposes of these regulations, all sources of any air
contaminant for which there is an applicable air quality or emission
control standard are considered likely to contravene the applicable
standard and must apply for a permit as required in (b) of this
Regulation, except that the commission has determined the following
sources or activities are not likely to contravene any. applicable
ambient air or emission control standard, therefore are not required
to obtain a permit:
(1) air conditioning or comfort ventilation systems which do not
transport, remove, or exhaust product or by-product to1the
atmosphere;
(2) combustion sources serving heating systems which provide comfort
heat for residences;
(3) laboratory equipment used for chemical or physical analysis;
(4) nonstationary internal combustion engines and vehicles;
t
(5) equipment which emits only nitrogen, oxygen, carbon dioxide,
and/or water vapor;
(6) maintenance, repair, or replacement of existing equipment that
does not result in an increase to the emission of air
contaminants;
i
(7) smudge pots for orchards or small outdoor heating devices to
prevent freezing of plants;
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(8) fuel burning equipment firing exclusively gaseous fuel with the
total heat input rating of 250 million BTU per hour or less;
i .
(9) fuel burning equipment firing exclusively No. 1 or No. 2
fuel oil with the total heat input rating of 100 million
BTU per hour or less;
(10) fuel burning equipment firing a mixture, the components of
which may be only gaseous fuel, No. 1 fuel oil or No. 2
•fuel oil, in any proportion, with the total heat input rating
of 100 million BTU per hour or less.
(d) For any existing or new sources included in (b) of this Regulation
and not specified in (c) of this Regulation, any person may request
in writing that the director make a determination that the subject
source will neither contravene nor will be likely to contravene
applicable ambient air quality or emission control standards. This
request shall be accompanied with documentation supporting a showing
that emission control standards will not be, nor are likely to be
contravened. If the documentation submitted with the request
shows to the satisfaction of the director that emission control
standards will not be, nor are likely to be contravened, a
determination shall be made that a permit is not required, unless
the staff makes a showing that, notwithstanding emission control
standards, the standards for ambient air quality will be, or are
likely to be contravened.
i ;
(e) This Section applies to the establishment or operation of any
complex source subject to Section .0800 of Subchapter 20 of this
Title. All persons who establish or operate such complex source
shall be required to obtain a permit as provided in this Section,
provided if such source is excepted in Section .0800 of .Subchapter
2D of this Title, no'permit shall be required.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.108; 143-215.109;
Eff. February 1, 1976.
(1.0) .0602 DEFINITIONS .
Unless the context otherwise requires, the terms used herein shall be
used as defined in G.S. 143-213 and as follows:
(1) Director — means the Director of the Division of Environ-
mental Management;
(2) Plans and specifications -- the completed application (AQ-
22 or AQ-81) and any other documents as are required to
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define the operating conditions of the air. contaminant
emission source;
(3) To alter or change -- to modify equipment or processes of
existing facilities; This shall include equipment addi-
tions, .deletions, adjustments, and/or operational
practices which would increase emissions or affect the
compliance status of the equipment or process;
(4) Source -*• the origin of emission of an air contaminant;
(5) Staff -- means the air quality section, division of
environmental management, or its successor.
History Note: Statutory Authority G.S, 143-213;
143-215.3 (a) (1);
Eff. February 1, 1976.
(3.0) .0603 APPLICATIONS
(a) Permit application shall be made in triplicate on official forms of
the commission, and shall include plans and specifications setting
forth all necessary data and information as required by the
application form; air contaminant sources -- Form AQ-22, complex
sources -- Form AQ-81. These forms may be obtained by writing the
air quality section at the address in (b) of this Rule.
(b) Permit application shall be filed in writing with the Director,
Division of Environmental Management, Department of Natural and
Economic Resources, P.O. Box 27687, Raleigh, N.C. 27611.
(c) Application for renewal of an existing permit may be made by letter
to the director, if no alteration or modification has been made
to the permitted source subsequent to the issuance of the original
permit.
(d) The director is authorized to request such information from
an applicant and to conduct such inquiry or investigation as he
may deem necessary, and to require the submission of plans and
specifications prior to acting on any permit application.
(e) Prior to issuing any permit for a source on the Code of Federal
Regulations list of sources requiring a review for prevention of
significant deterioration (40 CFR 52.21 (d) (1)), or for any
other source that may be designated by the director, the informa-
tion submitted by the owner or operator, as well as the agency's
analysis of the effect on ambient air quality, shall be made
available for public inspection in at least one location in the
region affected. This shall be accomplished by publishing a
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notice by prominent advertisement in the region affected and shall
allpw a 30rday period for submittal of public comment. Confidential
material will be handled in accordance with G.S. 143-215.3 (a) (2).
History Note: Statutory Authority G.S. 143-215.3 (a) (l);
• • 143-215.108; 143-215.109;
Eff. February 1, 1976;
Amended Eff, December 1, 1976,
(3.0) .0604 FINAL ACTION ON PERMIT APPLICATIONS
(a) The .director shall review and take final action on all applications
within 90 days following receipt of a completed application or re-
quired additional information. All permits, renewals, or decisions
denying permits shall be in writing. Failure of the director to
take action on an application for a permit within the 90-day period
shall be deemed as approval of such application.
(b) The director is authorized to:
(1) issue a permit or a renewal containing such conditions
as are necessary to effectuate the purposes of G.S. Chapter
' 143, Article 2IB;
(2) modify or revoke any permit upon giving 60 days notice to
• the person affected;
(3) deny a permit application where necessary to effectuate the
purposes of G.S. Chapter 143, Article 21B.
(c) Any person whose application for a permit or renewal is denied or
is granted subject to conditions which are unacceptable to such
perston or whose permit is modified or revoked shall have the right to
a hearing upon making demand therefore within 30 days following the
giving of notice by the director as to his decision upon such
application.
History Note: Statutory Authority G.S. 143-215.108;
143-215.109; 143-215.3 (a) (1);
Eff. February 1, 1976.
( 3.0)
(15.0) .0605 ISSUANCE, REVOCATION. AND ENFORCEMENT OF; PERMITS
(a) Permits shall be issued or renewed for a period of time deemed
reasonable by the director, but in no case shall the period exceed
five years.
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(b) Any permit or permit renewal issued pursuant to this Regulation
is subject to revocation or modification upon a determination that
information contained in the application or presented in support
thereof is incorrect, conditions under which the permit renewal
was granted have changed, or violations of conditions contained in
the permit have occurred.
(c) Failure to apply for and obtain a permit required by this Section
or any violation of or failure to act in accordance with the
terms, conditions, or requirements of any permit or renewal
shall subject the responsible person (s) to the enforcement
sanctions of G.S. 143-215.114.
History Note: Statutory Authority G.S. 143-215.3 (a) (1);
143-215.108; 143-215.109; 143-215.114;
Eff. February 1, 1976.
(2.0) .0606 DELEGATION OF AUTHORITY
The director is authorized to delegate the processing of permit applica-
tions and the issuance of permits to the Air Quality Section Chief, the
air quality regional engineers, or the Air Quality Chief Engineer as he
deems appropriate. This delegation shall not include the authority to
deny a permit application or to revoke, modify, or suspend a permit.
History Note: Statutory Authority G.S. 143-215.3 (a) (1), (4);
Eff. February 1, 1976.
(2.0) .0607 COPIES.OF REFERENCED FEDERAL REGULATIONS
Copies of applicable Code of Federal Regulations sections referred to
in this Section are available for public inspection at'Department of
Natural and Economic Resources field offices, air quality section. They
are: Western Field Office, Interchange Building, 159 Woodfin Street,
Post Office Box 370, Asheville, North Carolina 28802; North Piedmont
Field Office, 8003 Silas Creek Parkway Extension, Winston-Salem, North
Carolina 27106; South Piedmont Field Office, 119 North Main Street,
Mooresville, North Carolina 28115; North Central Field Office, 3800
Barrett Drive,' Post Off ice'Box 27687, Raleigh, North Carolina 27611;
South Central Field Office, Wachovia Building, Suite 714, Fayetteville,
North Carolina 28301; Northeastern Field Office, 1502 North Market
Street, Post Office Box 1129, Washington, North Carolina 27889;
Southeastern Field Office, 3143 Wrightsville Avenue, Wilmington, North
Carolina 28401.
Copies of such regulations can be made at these field offices for ten
cents ($0.10) per page.
History Note: Statutory Authority G.S. 150A-14;
Eff. December 1, 1976.
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FEDERALLY PROMULGATED
REGULATIONS
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(17.0) 52.1778 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The ph'rase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, Includ-
ing 'public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation Of a
stationary source.
(7) "Commenced" means that an owner or operator has. Undertaken.a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
, erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
i air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
, which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
, . Area Designations
Pollutant Class I Class II
(ug/m3) (ug/n)3)
Parti oil ate matter:
Annual geometric mean 5 10
24-hr maximum ,. 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations'of'particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures' in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by.
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) 'The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
< accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) .Nothing in this section is intended to convey authority'
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed'
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii.) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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1
(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body,.or Federal Land
Manager and to the Administrator by another State or
1 Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of .paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
t submit the proposal after correcting the deficiencies
noted'by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to* June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur, oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(111) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
i • t
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
i
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
'sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the .
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c.) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
'to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; an4
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected (by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
.. avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
• tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures .for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
' istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
, istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Mak6 available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
'source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian' Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
'on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
.public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public"inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
iper'iod. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
.conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated. .
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(vi) The'Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii)» (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a, stationary source subject to this paragraph who com-
mences construction or modification after June ls 1975, without
applying for and receiving approval hereunder* shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval*or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) ,A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through1 the appropriate regional office.
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(3) In accordance^ith Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated* other than
to a regiona.1 office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal landsi
except that, with respect to the latter category, where new or
modified squrces are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may a.t his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subjec.t"€o a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources Which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator, may delegate his authority to the States in accordance
with Subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan, 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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