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

-------
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

-------
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)

-------
                                 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

-------
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

-------
                             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

-------
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

-------
                           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

-------
                        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

-------
       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

-------
                   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

-------
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

-------
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

-------
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

-------
 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

-------
                            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-

-------
(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-

-------
       (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.
                                             -3-

-------
        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-

-------
     (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.
                                    -5-

-------
(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.
                                            -6-

-------
        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.
                                             -7-

-------
(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,
                                     -8-

-------
            (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.
                                           -9-

-------
        (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;
                                             -10-

-------
           (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,
                                            -11-

-------
          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:
                                   -12-

-------
                 (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;
                                            -13-

-------
          (£)   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;
                                     -14-

-------
                 (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);
                                            -15-

-------
(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
                                             -16-

-------
                  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.
                                            -17-

-------
(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
                                             -18-

-------
     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
                               -19-

-------
     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.
                               -20-

-------
           (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:
                                             -21-

-------
                                                     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
                                             -22-

-------
           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.
                                            -23-

-------
(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:
                                             -24-

-------
                                                     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:
                                               -25-

-------
    .   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.
                                           -26-

-------
        (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
                                             -27-

-------
        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.
                                             -28-

-------
(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

                                             -29-

-------
        (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
                                             -30-

-------
     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;

                                     -31-

-------
             (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.
                                            -32-

-------
(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
                                     -33-

-------
     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'
                               -34-

-------
               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;
                                -35-

-------
            (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,
                                            -36-

-------
            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.
                                             -37-

-------
        (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.
                                            -38-

-------
       (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);
                                             -39-

-------
 (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).
                                 -40-

-------
        (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.
                                            -41-

-------
(  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.
                                            -42-

-------
             (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.
                                             -43-

-------
(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.
                                           -44-

-------
(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
                                     -45-

-------
                       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.
                                            -46-

-------
        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.
                                             -47-

-------
(  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.
                                             -48-

-------
        (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
                                             -49-

-------
       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);
                                           -50-

-------
                 (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:                                      :
                                            -51-

-------
      (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;
                                      -52-

-------
                 (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-
                                             -53-

-------
                 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
                                            -54-

-------
                      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


                                            -55-

-------
             (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
                                              -56-

-------
             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
                                              -57-

-------
       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
                                             -58-

-------
     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;
                                    -59-

-------
            (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
                                           -60-

-------
                 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
                                             -61-

-------
             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.
                                            -62-

-------
       (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.
                                             -63-

-------
FEDERALLY PROMULGATED
    REGULATIONS
          -64-

-------
(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.
                                              -65-

-------
(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
                              -66-

-------
        (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'
                        -67-

-------
        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.
                        -68-

-------
            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
                                  -69-

-------
    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:
                            -70-

-------
    (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
                             -71-

-------
          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:
                                 -72-

-------
        (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. .
                         -73-

-------
          (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.
                                   -74-

-------
(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)
                              -75-

-------