Chapter 15A NCAC 02D

SECTION .1100 - CONTROL OF TOXIC AIR POLLUTANTS 15A NCAC 02D .1101 PURPOSE This Section sets forth the rules for the control of toxic air pollutants to protect human health. History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(1),(3),(4),(5); 143B-282; S.L. 1989, c. 168, …

15A NCAC 02D .1102 APPLICABILITY (a) 15A NCAC 02D .1103 through .1108 apply to all facilities that emit a toxic air pollutant that are required to have a permit pursuant to 15A NCAC 02Q .0700. All other rules in this Section apply as specified therein. (b) Sources at facilities s…

15A NCAC 02d .1103 DEFINITION For the purpose of this Section, the following definitions apply: (1) "Asbestos" means asbestos fibers as defined in 40 CFR 61.141. (2) "Bioavailable chromate pigments" means the group of chromium (VI) compounds consisting of calcium chromate (CAS No…

15A NCAC 02D .1104 TOXIC AIR POLLUTANT GUIDELINES A facility shall not emit any of the following toxic air pollutants in such quantities that may cause or contribute beyond the facility's premises to any significant ambient air concentration that may adversely affect human health…

15A NCAC 02D .1105 FACILITY REPORTING, RECORDKEEPING The Director may require, pursuant to 15A NCAC 02D .0600, the owner or operator of a source subject to this Section to monitor emissions of toxic air pollutants, to maintain records of these emissions, and to report these emiss…

15A NCAC 02D .1106 DETERMINATION OF AMBIENT AIR CONCENTRATION (a) Modeling shall not be used for enforcement. Modeling shall be used to determine process operational and air pollution control parameters and emission rates for toxic air pollutants to place in the air quality permi…

15A NCAC 02D .1107 MULTIPLE FACILITIES (a) If an acceptable ambient level in 15A NCAC 02D .1104 is exceeded because of emissions of two or more facilities and if public exposure is such that human health may be adversely affected, the Commission shall require the subject faciliti…

15A NCAC 02D .1108 MULTIPLE POLLUTANTS If the Commission has evidence that two or more toxic air pollutants being emitted from a facility or combination of facilities act in the same way to affect human health so that their effects may be additive or enhanced and that public expo…

15a ncac 02d .1109 112(j) CASE-BY-CASE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (a) Applicability. This Rule shall apply only to sources of hazardous air pollutants required to have a permit pursuant to 15A NCAC 02Q .0500 and as described in 40 CFR 63.50. This Rule does not apply to…

15A NCAC 02D .1110 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (a) With the exception of Paragraph (b) of this Rule, sources subject to national emission standards for hazardous air pollutants promulgated in 40 CFR Part 61 shall comply with emission standards, monito…

15A NCAC 02D .1111 MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (a) With the exception of Paragraph (b) or (c) of this Rule, sources subject to national emission standards for hazardous air pollutants for source categories promulgated in 40 CFR Part 63 shall comply with emission standar…

15A NCAC 02D .1112 112(G) CASE BY CASE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (a) Applicability. This Rule applies to the construction or reconstruction of major sources of hazardous air pollutants unless: (1) the major source has been regulated or exempted from regulation pursuan…

section .1200 - CONTROL OF EMISSIONS FROM INCINERATORS and COMBUSTion Units 15A NCAC 02D .1201 PURPOSE AND SCOPE (a) The rules in this Section shall apply to incinerators and combustor units as defined in 15A NCAC 02D .1202 or regulated pursuant to 15A NCAC 02D .1208. (b) The rul…

15A NCAC 02D .1202 DEFINITIONS (a) For the purposes of this Section, the definitions in 40 CFR 60.5250, 40 CFR 60.2875, and 40 CFR 60.51c shall apply in addition to the following definitions: (1) "Air curtain incinerator," also referred to as an "air curtain burner," means an inc…

15A NCAC 02D .1203 HAZARDOUS WASTE INCINERATORS History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); Eff. October 1, 1991; Amended Eff. June 1, 2008; August 1, 2002; July 1, 2000; July 1, 1999; July 1, 1998; April 1, 1995; Repealed Eff. July 1, 2018.

15A NCAC 02D .1204 SEWAGE SLUDGE INCINERATION UNITS (a) Applicability. This Rule shall apply to sewage sludge incineration units that meet all three requirements listed in 40 CFR 60.5060(a) through (c). (b) The provisions of this Rule shall apply to any incinerator subject to thi…

15A NCAC 02D .1205 LARGE MUNICIPAL WASTE COMBUSTORS History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(4),(5); 40 CFR 60.35b; 40 CFR 60.34e; 40 CFR 60.1515; Eff. October 1, 1991; Amended Eff. July 1, 2000; July 1, 1999; July 1, 1998; July 1, 1996; April 1, 1995; Tem…

15A NCAC 02D .1206 HOSPITAL, MEDICAL, AND INFECTIOUS WASTE INCINERATORS (a) Applicability. This Rule shall apply to any hospital, medical, and infectious waste incinerator (HMIWI), except: (1) a HMIWI required to have a permit pursuant to Section 3005 of the Solid Waste Disposal …

15A NCAC 02D .1207 CONICAL INCINERATORS History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5); Eff. October 1, 1991; Amended Eff. July 1, 2000; July 1, 1998; Repealed Eff. July 1, 2018.

15A NCAC 02D .1208 OTHER INCINERATORS (a) Applicability. (1) This Rule shall apply to an incinerator not regulated by 15A NCAC 02D .1204, .1206, or 1210. (2) An incinerator shall be exempt from Subparagraphs (b)(6) through (b)(9) and Paragraph (c) of this Rule if: (A) the inciner…

15A NCAC 02D .1209 COMPLIANCE SCHEDULES History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5); Eff. October 1, 1991; Amended Eff. July 1, 1999; July 1, 1998; April 1, 1995; December 1, 1993; March 2, 1992; Repealed Eff. July 1, 2000.

15A NCAC 02D .1210 COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATION UNITS (a) Applicability. Unless exempt pursuant to Paragraph (b) of this Rule, this Rule shall apply to existing commercial and industrial solid waste incineration (CISWI) units, including energy recovery units…

15A NCAC 02D .1211 OTHER SOLID WASTE INCINERATION UNITS History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4), (5), (10); 40 CFR 60.3014 through 60.3020; Eff. August 1, 2007; Repealed Eff. July 1, 2018.

15A NCAC 02D .1212 SMALL MUNICIPAL WASTE COMBUSTORS History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(4),(5); 40 CFR 60.35b; 40 CFR 60.34e; 40 CFR 60.1515; Eff. July 1, 2010; Repealed Eff. July 1, 2018.

SECTION .1400 – NITROGEN OXIDES 15A NCAC 02D .1401 DEFINITIONS (a) For the purpose of this Section, in addition to the definitions in G.S. 143-212, G.S. 143-213, and 15A NCAC 02D .0101, the following definitions shall apply. If a term in this Rule is also defined at 15A NCAC 02D …

15A NCAC 02D .1402 APPLICABILITY (a) The rules in this Section do not apply except as specifically set out in this Rule. (b) The requirements of this Section apply to all sources May 1 through September 30 of each year. (c) Rules 15A NCAC 02D .1409(c), .1418, .1423, .1424, and .1…

15A NCAC 02D .1403 COMPLIANCE SCHEDULES (a) Applicability. This Rule applies to sources regulated by 15A NCAC 02D .1402(d), (e), (f), or (g). (b) Maintenance area and Charlotte ozone nonattainment area contingency plan. The owner or operator of a source subject to this Rule becau…

15A NCAC 02D .1404 RECORDKEEPING: REPORTING: MONITORING: (a) General requirements. The owner or operator of any source shall comply with the monitoring, recordkeeping and reporting requirements in 15A NCAC 02D .0600 and shall maintain all records necessary for determining complia…

15A NCAC 02D .1405 CIRCUMVENTION (a) An owner or operator subject to this Section shall not build, erect, install or use any article, machine, equipment, process, or method that conceals an emission that would otherwise constitute a violation of a rule in this Section. (b) Paragr…

15a ncac 02d .1406 UTILITY BOILERS History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); Eff. April 1, 1995; Temporary Repeal Eff. November 1, 2000; Repealed Eff. July 18, 2002.

15A NCAC 02D .1407 BOILERS AND INDIRECT-FIRED PROCESS HEATERS (a) This Rule applies geographically pursuant to 15A NCAC 02D .1402. (b) The owner or operator of a boiler or indirect-fired process heater with a maximum heat input rate of less than or equal to 50 million Btu per hou…

15A NCAC 02D .1408 STATIONARY COMBUSTION TURBINES (a) This Rule applies geographically pursuant to 15A NCAC 02D .1402. (b) Unless the owner or operator chooses the option of emission averaging in 15A NCAC 02D .1410, the owner or operator of a stationary combustion turbine with a …

15A NCAC 02D .1409 STATIONARY INTERNAL COMBUSTION ENGINES (a) This Rule applies geographically pursuant to 15A NCAC 02D .1402. (b) The owner or operator of a stationary internal combustion engine with a rated capacity of greater than or equal to 650 horsepower that is not covered…

15a ncac 02d .1410 EMISSIONS AVERAGING (a) This Rule shall not apply to sources regulated by 15A NCAC 02D .1418. Sources that have obtained an alternative limitation pursuant to 15A NCAC 02D .1412 or that apply seasonal fuel switching pursuant to 15A NCAC 02D .1411 are not eligib…

15A NCAC 02D .1411 SEASONAL FUEL SWITCHING (a) This Rule shall not apply to sources regulated by 15A NCAC 02D .1418. (b) The owner or operator of a coal-fired or oil-fired boiler subject to the requirements of 15A NCAC 02D .1407 may elect to comply by applying seasonal combustion…

15A NCAC 02D .1412 PETITION FOR ALTERNATIVE LIMITATIONS (a) The owner or operator may petition the Director for an alternative limitation according to Paragraph (b) or (c) of this Rule if the owner or operator of a source subject to the requirements of 15A NCAC 02D .1407, .1408, …

15A NCAC 02D .1413 SOURCES NOT OTHERWISE LISTED IN THIS SECTION (a) The owner or operator of any source of NOx, except boilers, indirect-fired process heaters, stationary combustion turbines, or stationary internal combustion engines, at a facility that has the potential to emit …

15a ncac 02d .1414 TUNE-UP REQUIREMENTS (a) This Rule applies to boilers and indirect-fired process heaters subject to the requirements of 15A NCAC 02D .1407 or stationary internal combustion engines subject to the requirements of 15A NCAC 02D .1409 that are complying with the an…

15A NCAC 02D .1415 TEST METHODS AND PROCEDURES (a) When source testing is used to determine compliance with rules in this Section, the methods and procedures in 15A NCAC 02D .2600 shall be used. (b) The owner or operator shall maintain records of tests performed to demonstrate co…

15A NCAC 02D .1416 EMISSION ALLOCATIONS FOR UTILITY COMPANIES History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (7), (10); Temporary Adoption Eff. November 1, 2000; Eff. April 1, 2001; Temporary Amendment Eff. August 1, 2001; Amended Eff. June 1, 2004; July 18, 200…

15A NCAC 02D .1417 EMISSION ALLOCATIONS FOR LARGE COMBUSTION SOURCES History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (7), (10); Temporary Adoption Eff. November 1, 2000; Temporary Adoption Eff. August 1, 2001; Eff. July 18, 2002; Amended Eff. June 1, 2004; Tempor…

15A NCAC 02D .1418 NEW ELECTRIC GENERATING UNITS, BOILERS, COMBUSTION TURBINES, AND I/C ENGINES (a) Electric generating units. Emissions of NOx from any fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system permitted after October 31, 2000, serving a g…

15A ncac 02d .1423 LARGE INTERNAL COMBUSTION ENGINES (a) Applicability. This Rule applies to the following internal combustion engines permitted after October 30, 2000 that are subject to 15A NCAC 02D .1418 but are not subject to 15A NCAC 02D .0530 or .0531: (1) rich burn station…

15A NCAC 02D .1424 LARGE NON-ELECTRIc Generating Units (a) General requirements. The owner or operator of a large non-EGU shall comply with the monitoring, recordkeeping and reporting requirements in 15A NCAC 02D .0600, with the exception of .0604 and .0612. For a period of five …

15A NCAC 02D .1425 NOx SIP Call Budget (a) This Rule establishes general provisions and reporting requirements for the NOx SIP Call control period budgets pursuant to 40 CFR 51.121 through 51.122. (b) The owner or operator of an EGU or large non-EGU as defined in 15A NCAC 02D .14…

SECTION .1700 - MUNICIPAL SOLID WASTE LANDFILLS 15A NCAC 02D .1701 DEFINITIONS The definitions in 40 CFR 60.41f apply to this Section. History Note: Authority G.S. 143-215.3(a)(1); Eff. July 1, 1998; Readopted Eff. October 1, 2020; Amended Eff. July 1, 2021.

15A NCAC 02D .1702 APPLICABILITY (a) This Section applies to each existing Municipal Solid Waste (MSW) landfill that accepted waste since November 8, 1987 and that commenced construction, reconstruction, or modification on or before July 17, 2014. (b) Physical or operational chan…