Chapter 15A NCAC 02D

15A NCAC 02D .1706 COMPLIANCE PROVISIONS (a) Compliance with 15A NCAC 02D .1703(b) shall be determined using the gas collection system compliance provisions of 40 CFR 60.36f(a). (b) Compliance with 15A NCAC 02D .1705(1) shall be determined using the controlled landfill gas well a…

15A NCAC 02D .1707 MONITORING PROVISIONS (a) The owner or operator of a MSW landfill who is required to comply with 15A NCAC 02D .1703(b) for an active gas collection system shall perform the monitoring requirements as outlined in 40 CFR 60.37f(a). (b) The owner or operator of an…

15A NCAC 02D .1708 REPORTING REQUIREMENTS (a) The owner or operator of an existing MSW landfill subject to this Rule according to 15A NCAC 02D .1702 shall submit a design capacity report to the Director as follows: (1) The initial design capacity report shall be submitted no late…

15A NCAC 02D .1709 RECORDKEEPING REQUIREMENTS (a) The owner or operator of a MSW landfill subject to this Section shall keep on-site, readily accessible, for at least five years a copy of the design capacity report that triggered 40 CFR 60.33f(e), the current amount of solid wast…

15A NCAC 02D .1710 COMPLIANCE SCHEDULES For each existing MSW landfill subject to this Section as specified in 15A NCAC 02D .1702 and meeting the design capacity condition of 15A NCAC 02D .1703(a) whose NMOC emission rate is less than 34 megagrams per year on or after the most re…

SECTION .1800 - CONTROL OF ODORS 15A NCAC 02D .1801 DEFINITIONS For the purpose of this Section, the following definitions apply: (1) "Animal operation" means animal operation as defined in G.S. 143-215.10B. (2) "Child care center" means child care centers as defined in G.S. 110-…

15A NCAC 02D .1802 CONTROL OF ODORS FROM ANIMAL OPERATIONS USING LIQUID ANIMAL WASTE MANAGEMENT SYSTEMS (a) Purpose. The purpose of this Rule is to control objectionable odors from animal operations beyond the boundaries of animal operations. (b) Applicability. This Rule shall ap…

15A NCAC 02D .1803 BEST MANAGEMENT PLANS FOR ANIMAL OPERATIONS (a) Contents of a best management plan. The best management plan for animal operations shall: (1) identify the name, location, and owner of the animal operation; (2) identify the name, title, address, and telephone nu…

15A NCAC 02D .1804 REPORTING REQUIREMENTS FOR ANIMAL OPERATIONS If the Department receives an odor complaint about an animal operation, the Department may require the owner or operator of the animal operation to submit the following information to investigate the odor compliant: …

15A NCAC 02D .1805 IMPLEMENTATION PLAN History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(11); Temporary Adoption Eff. March 1, 1999; Temporary Repeal Eff. May 25, 1999.

15A ncac 02d .1806 CONTROL AND PROHIBITION OF ODOROUS EMISSIONS (a) Purpose. The purpose of this Rule is to provide for the control and prohibition of objectionable odorous emissions. (b) Definitions. For the purpose of this Rule, the following definitions shall apply: (1) "Comme…

15A ncac 02d .1807 DETERMINATION OF MAXIMUM FEASIBLE CONTROLS FOR ODOROUS EMISSIONS (a) Scope. This Rule sets out procedures for determining maximum feasible controls for odorous emissions. The owner or operator of the facility shall be responsible for providing the maximum feasi…

15A ncac 02d .1808 Evaluation of NEW OR MODIFIED SWINE FARMS (a) Purpose. The purpose of this Rule is to specify the methods for evaluating new or modified swine farms for compliance with the performance standard in G.S. 143-215.10I (b)(3). (b) Applicability. This Rule applies to…

section .1900 – open burning 15A NCAC 02D .1901 OPEN BURNING: PURPOSE: SCOPE (a) Open Burning Prohibited. A person shall not cause, allow, or permit open burning of combustible material except as allowed by 15A NCAC 02D .1903 and .1904. (b) Purpose. The purpose of this Section is…

15A NCAC 02D .1902 DEFINITIONS For the purpose of this Section, the following definitions apply: (1) "Air Curtain Incinerator" means a stationary or portable combustion device that operates by directing a plane of high velocity forced draft air through a manifold head onto an ope…

15A NCAC 02D .1903 OPEN BURNING WITHOUT AN AIR QUALITY PERMIT (a) Open burning is prohibited except open burning allowed pursuant to Paragraph (b) of this Rule or 15A NCAC 02D .1904. Except as allowed pursuant to Subparagraphs (b)(3) through (b)(9) of this Rule, open burning shal…

15A NCAC 02D .1904 AIR CURTAIN INCINERATORS (a) Applicability. This Rule applies to the following air curtain incinerators: (1) new and existing air curtain incinerators subject to 40 CFR 60.2245 through 60.2260 or 60.2970 through 60.2974 that combust the following materials: (A)…

15A NCAC 02D .1905 REGIONAL OFFICE LOCATIONS The Department of Environmental Quality regional offices shall handle inquiries, requests, and plans for facilities located in their respective regions. Contact information for the regional offices may be found on the Division website …

15A NCAC 02D .1906 DELEGATION TO COUNTY GOVERNMENTS (a) The governing body of any county or municipality or group of counties or municipalities may establish a partial air pollution control program to implement and enforce this Section provided that the program complies with G.S.…

15A NCAC 02D .1907 MULTIPLE VIOLATIONS ARISING FROM A SINGLE Investigation (a) Multiple violations arising from a single investigation of open burning may be assessed multiple penalties using the procedures set forth in G.S. 143-215.3(a)(9). In determining the number of violation…

SECTION .2000 - TRANSPORTATION CONFORMITY 15A NCAC 02D .2001 PURPOSE, SCOPE AND APPLICABILITY (a) The purpose of this Section is to assure the conformity of transportation plans, programs, and projects that are developed, funded, or approved by the United States Department of Tra…

15A NCAC 02D .2002 DEFINITIONS For the purposes of this Section, the definitions contained in 40 CFR 93.101 and the following definitions apply: (1) "Regionally-significant project" means a transportation project (other than an exempt project under 40 CFR 93.126) that is on a fac…

15A NCAC 02D .2003 TRANSPORTATION CONFORMITY DETERMINATION (a) Conformity analyses, determinations, and redeterminations for transportation plans, transportation improvement programs, FHWA/FTA projects, and State or local regionally-significant projects shall be made according to…

15A NCAC 02D .2004 DETERMINING TRANSPORTATION-RELATED EMISSIONS (a) The procedures in 40 CFR 93.122 shall be used to determine regional transportation-related emissions. (b) The procedures in 40 CFR 93.123 shall be used to determine localized carbon monoxide concentrations (hot-s…

15A NCAC 02D .2005 MEMORANDUM OF AGREEMENT (a) The Division of Air Quality shall develop and maintain a memorandum of agreement with the North Carolina Department of Transportation, the metropolitan planning organizations of the areas identified in 15A NCAC 02D .2001, and the Uni…

SECTION .2100 – RISK MANAGEMENT PROGRAM 15A NCAC 02D .2101 APPLICABILITY (a) This Section shall apply to an owner or operator of a stationary source with more than a threshold quantity of a regulated substance in a process as determined by 40 CFR 68.115, except as set forth in Pa…

15A NCAC 02D .2102 definitions For the purpose of this Section the definitions set forth in 40 CFR 68.3 shall apply with the following exception: "Implementing agency" means the Division of Air Quality. History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); Eff. July 1…

15A NCAC 02D .2103 requirements Except as provided in 40 CFR 68.2 and 15A NCAC 02D .2101(b), the owner or operator of a stationary source governed by this Section shall comply with all the applicable requirements in: (1) 40 CFR 68.12, General Requirements; (2) 40 CFR 68.15, Manag…

15A NCAC 02D .2104 implementation (a) The owner or operator of a stationary source governed by this Section shall: (1) submit a risk management plan, or a revised plan as required by 40 CFR 68.150, to the Environmental Protection Agency; and (2) submit a source certification or, …

SECTION .2200 – SPECIAL ORDERS 15A NCAC 02D .2201 PURPOSE The purpose of this Section is to implement the provisions of G.S. 143-215.110 pertaining to the issuance of air quality Special Orders by the Environmental Management Commission. History Note: Authority G.S. 143-215.3(a)(…

15a ncac 02d .2202 DEFINITIONS For the purposes of this Section, the following definitions apply: (1) "Special Order" means a directive of the Commission to any person whom it finds responsible for causing or contributing to any air pollution in the State. The term includes all o…

15A NCAC 02D .2203 PUBLIC NOTICE (a) The requirements of this Rule for public notice and public hearing shall apply to Consent Orders. The Commission may specify other conditions for Special Orders issued without consent if the conditions are needed to achieve or demonstrate comp…

15A NCAC 02D .2204 FINAL ACTION ON cONSENT ORDERS (a) The Director shall take final action for the Commission on Consent Orders for which a public hearing has not been held as provided in 15A NCAC 02D .2203. The final action on the proposed order shall be taken no later than 60 d…

15A NCAC 02D .2205 NOTIFICATION OF RIGHT TO CONTEST SPECIAL ORDERS ISSUED WITHOUT CONSENT For any Special Orders other than Consent Orders, the Commission shall notify the person subject to the order of the procedure set out in G.S. 150B-23 to contest the Special Order. History N…

SECTION .2300 – BANKING EMISSION REDUCTION CREDITS 15A NCAC 02D .2301 PURPOSE This Section provides for the creation, banking, transfer, and use of emission reduction credits for: (1) nitrogen oxides (NOx); (2) volatile organic compounds (VOC); (3) sulfur dioxide (SO2); (4) fine …

15A NCAC 02D .2302 DEFINITIONS For the purposes of this Section, the following definitions shall apply: (1) "Air permit" means a construction and operation permit issued pursuant to 15A NCAC 02Q .0300, Construction and Operation Permits, or 15A NCAC 02Q .0500, Title V Procedures.…

15A NCAC 02D .2303 APPLICABILITY AND ELIGIBILITY (a) Applicability. Any facility that has the potential to emit nitrogen oxides, volatile organic compounds, sulfur dioxide, ammonia, or fine particulate (PM2.5) in amounts greater than 25 tons per year and that is in a federally de…

15A NCAC 02D .2304 QUALIFICATION OF EMISSION REDUCTION CREDITS For purposes of calculating the amount of emission reduction that can be quantified as an emission reduction credit, the following procedures shall be followed: (1) The source's average actual annual emissions before …

15A NCAC 02D .2305 CREATING AND BANKING EMISSION REDUCTION CREDITS (a) The owner or operator of a source seeking to create and bank emission reduction credits shall submit, under signature of the responsible official as defined in 15A NCAC 02Q .0303, the following information, wh…

15A NCAC 02D .2306 DURATION OF EMISSION REDUCTION CREDITS Banked emission reduction credits shall be permanent until withdrawn by the owner or operator, or by the Director pursuant to 15A NCAC 02D .2310. History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12); Eff. Decem…

15A NCAC 02D .2307 USE OF EMISSION REDUCTION CREDITS (a) The owner or operator holding emission reduction credits may withdraw the emission reduction credits and may use them in any manner consistent with this Section. (b) An emission reduction credit may be withdrawn only by the…

15A NCAC 02D .2308 CERTIFICATES AND REGISTRY (a) Certificates of emission reduction credit issued by the Director shall contain the following information: (1) the pollutant reduced (nitrogen oxides, volatile organic compounds, sulfur dioxide, ammonia, fine particulate); (2) the a…

15A NCAC 02D .2309 TRANSFERRING EMISSION REDUCTION CREDITS (a) If the owner of a certificate of emission reduction credit transfers the certificate to a new owner, the Director shall issue a certificate of emission reduction credit to the new owner and shall revoke the certificat…

15A NCAC 02D .2310 REVOCATION and changes OF EMISSION REDUCTION CREDITS (a) The Director may withdraw emission reduction credits if the emission reduction credits: (1) have already been used; (2) are incorrectly calculated; or (3) achieved emission reductions that are less than t…

15A NCAC 02D .2311 MONITORING The owner or operator of a source whose emissions are being reduced to create an emission reduction credit shall verify the reduction in emissions with a source test, continuous emission monitoring, or other methods that measure the actual emissions …

SECTION .2600 - SOURCE TESTING 15A NCAC 02D .2601 PURPOSE AND SCOPE (a) The purpose of this Section is to assure consistent application of testing methods and methodologies to demonstrate compliance with emission standards. (b) This Section shall apply to all air pollution source…

15A NCAC 02D .2602 GENERAL PROVISIONS ON TEST METHODS AND PROCEDURES (a) The owner or operator of a source shall perform all required tests at his or her own expense. (b) The owner or operator of an air pollution source shall arrange for air emission testing protocols to be provi…