North Carolina Administrative Code

15A NCAC 02Q .0510 PERMITTING OF FACILITIES AT MULTIPLE TEMPORARY SITES (a) The Director may, issue a single permit authorizing emissions from similar operations by the same facility owner or operator at multiple temporary sites, based on factors such as those set forth in this R…

15A NCAC 02Q .0511 SYNTHETIC MINOR FACILITIES History Note: Filed as a Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner; Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(10); 143-215.108…

15A NCAC 02Q .0512 PERMIT SHIELD AND APPLICATION SHIELD (a) Permit Shield: (1) The Director shall place in a permit issued pursuant to this Section a permit term or condition (a permit shield) stating that compliance with the conditions of the permit shall be deemed compliance wi…

15A NCAC 02Q .0513 PERMIT RENEWAL AND EXPIRATION (a) Permits being renewed shall be subject to the procedural requirements of this Section, including those for public participation and affected state and EPA review. (b) Permit expiration shall terminate the facility's right to op…

15A NCAC 02Q .0514 ADMINISTRATIVE PERMIT AMENDMENTS (a) An "administrative permit amendment" means a permit revision that: (1) corrects typographical errors; (2) identifies a change in the name, address, or telephone number of any individual identified in the permit or provides a…

15A NCAC 02Q .0515 MINOR PERMIT MODIFICATIONS (a) The procedures set out in this Rule shall apply to permit modifications if the modifications: (1) do not violate any applicable requirement; (2) do not involve significant changes to existing monitoring, reporting, or recordkeepin…

15A NCAC 02Q .0516 SIGNIFICANT PERMIT MODIFICATION (a) The procedures set out in this Rule shall apply to applications requesting permit modifications pursuant to this Rule or permit modifications that are not governed by 15A NCAC 02Q .0514, .0515, .0523, or .0524. (b) An applica…

15A NCAC 02Q .0517 REOPENING FOR CAUSE (a) A permit shall be reopened and revised under the following circumstances: (1) additional applicable requirements become applicable to a facility with a remaining permit term of three or more years; (2) additional requirements (including …

15A NCAC 02Q .0518 FINAL ACTION (a) The Director shall: (1) issue a permit, permit revision, or renewal containing the conditions necessary to carry out the purposes of G.S. 143, Article 21B and the federal Clean Air Act; (2) rescind a permit upon request by the permittee; or (3)…

15A NCAC 02Q .0519 TERMINATION, MODIFICATION, REVOCATION OF PERMITS (a) The Director may terminate, modify, or revoke and reissue a permit issued pursuant to this Section if: (1) the information contained in the application or presented in support thereof is determined to be inco…

15A NCAC 02Q .0520 CERTIFICATION BY RESPONSIBLE OFFICIAL (a) A responsible official shall certify the truth, accuracy, and completeness of any application form, report, or compliance certification required by this Section or by a term or condition in a permit issued pursuant to t…

15A NCAC 02Q .0521 PUBLIC PARTICIPATION (a) The Director shall give public notice with an opportunity for comments and a hearing on all draft permits and permit revisions except permit revisions issued pursuant to 15A NCAC 02Q .0514, .0515, and .0524. The Director shall give publ…

15A NCAC 02Q .0522 REVIEW BY EPA AND AFFECTED STATES (a) The Director shall provide EPA with a copy of each permit application, including any application for permit revision, the statement of basis required under Paragraph (b) of this Rule, each proposed permit, and each final pe…

15A NCAC 02Q .0523 CHANGES NOT REQUIRING PERMIT REVISIONS (a) Section 502(b)(10) changes: (1) A permittee may make Section 502(b)(10) changes without having his or her permit revised if: (A) the changes are not a modification pursuant to 15A NCAC 02D or Title I of the federal Cle…

15A NCAC 02Q .0524 OWNERSHIP CHANGE (a) Applications for ownership changes shall: (1) contain the information required by 15A NCAC 02Q .0505(4); and (2) follow the procedures set forth in 15A NCAC 02Q .0300. (b) If the Director permits an ownership change, he or she shall submit …

15A NCAC 02Q .0525 APPLICATION PROCESSING SCHEDULE The Division shall adhere to the following schedule in processing permit applications: (1) The Division shall send written acknowledgment of receipt of an application to the applicant within 10 days of receipt of the application.…

15A NCAC 02Q .0526 112(j) CASE-BY-CASE MACT PROCEDURES (a) An owner or operator of a source required to apply maximum achievable control technology (MACT) pursuant to 15A NCAC 02D .1109 shall follow the permit procedures set out in this Rule. (b) For the purposes of this Rule, th…

15A NCAC 02Q .0527 EXPEDITED APPLICATION PROCESSING SCHEDULE (a) Using the procedures contained in this Rule may result in a permit that EPA does not recognize as a valid permit. (b) An applicant may file an application to follow the expedited review for application certified by …

15A NCAC 02Q .0528 112(G) CASE-BY-CASE MACT PROCEDURES (a) Applicability. An owner or operator of a source required to apply maximum achievable control technology (MACT) pursuant to 15A NCAC 02D .1112 shall follow the permit procedures set out in this Rule. (b) Construction prohi…

15A NCAC 02Q .0529 TITLE V Insignificant RESEARCH AND DEVeLOPMENT ACTIVITIES EXEMPTION (a) For the purposes of this Rule, "research and development activities" or "R&D activities" means the following: (1) activities conducted to test more efficient production processes or methods…

15A NCAC 02Q .0607 APPLICATION PROCESSING SCHEDULE History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109; Eff. February 1, 1995; Amended Eff. July 1, 1998; Repealed Eff. January 1, 2015.

section .0700 – toxic air pollutant procedures 15A NCAC 02Q .0701 APPLICABILITY Except as set forth in 15A NCAC 02Q .0702, no person shall cause or allow any toxic air pollutant named in 15A NCAC 02D .1104 to be emitted from any facility into the atmosphere at a rate that exceeds…

15a ncac 02q .0702 EXEMPTIONS (a) A permit to emit toxic air pollutants shall not be required pursuant to this Section for: (1) residential wood stoves, heaters, or fireplaces; (2) water heaters that are used for domestic purposes only and are not used to heat process water; (3) …

15A ncac 02q .0703 DEFINITIONS For the purposes of this Section, the following definitions apply: (1) "Actual rate of emissions" means: (a) for existing sources: (i) for toxic air pollutants with an annual averaging period, the average rate or rates at which the source emitted th…

15A NCAC 02Q .0704 NEW FACILITIES (a) This Rule shall apply only to new facilities. (b) The owner or operator of a facility that is required to have a permit pursuant to 15A NCAC 02Q .0300 or .0500 and is subject to a Section in 15A NCAC 02D, other than 15A NCAC 02D .1100, shall …

15A NCAC 02Q .0705 EXISTING FACILITIES AND SIC CALLS History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45; Rule originally codified as part of 15A NCAC 2H .0610; Eff. July 1, 1998; Repealed Eff. May 1, 2014.

15A NCAC 02Q .0706 MODIFICATIONS (a) The owner or operator shall comply with Paragraphs (b) and (c) of this Rule for a modification that is subject to a Rule in 15A NCAC 02D other than a Rule in 15A NCAC 02D .1100 and that: (1) requires a permit pursuant to 15A NCAC 02Q .0300 or …

15A NCAC 02Q .0707 PREVIOUSLY PERMITTED FACILITIES A facility with a permit that contains a restriction based on the evaluation of a source exempted pursuant to 15A NCAC 02Q .0702 may request a permit modification to adjust the restriction by removing from consideration the porti…

15A NCAC 02Q .0708 COMPLIANCE SCHEDULE FOR PREVIOUSLY UNKNOWN TOXIC AIR POLLUTANT EMISSIONS (a) The owner or operator of a facility permitted to emit toxic air pollutants shall submit a permit application within six months after the owner or operator learns of an emission of a pr…

15A NCAC 02Q .0709 DEMONSTRATIONS (a) Demonstrations. The owner or operator of a source that is applying for a permit or permit modification to emit toxic air pollutants shall: (1) demonstrate to the Director through dispersion modeling conducted pursuant to 15A NCAC 02D .1106 th…

15A NCAC 02Q .0710 PUBLIC NOTICE AND OPPORTUNITY FOR PUBLIC HEARING (a) If the owner or operator of a facility chooses to make a demonstration pursuant to 15A NCAC 02Q .0709(a)(2) or (b), the Commission or its delegate shall approve or disapprove the permit after a public notice …

15a ncac 02q .0711 EMISSION RATES REQUIRING A PERMIT (a) A permit to emit toxic air pollutants shall be required for any facility, excluding sources exempt from evaluation by 15A NCAC 02Q .0702, if one or more emission release points are obstructed or non-vertically oriented whos…

15A NCAC 02Q .0712 CALLS BY THE DIRECTOR Notwithstanding any other provision of this Section or 15A NCAC 02D .1100, upon a written finding that a source or facility emitting toxic air pollutants presents an unacceptable risk to human health based on the acceptable ambient levels …

15A NCAC 02Q .0713 POLLUTANTS WITH OTHERWISE APPLICABLE FEDERAL STANDARDS OR REQUIREMENTS History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45; Eff. July 1, 1998; Repealed Eff. July 1, 2018.

15A NCAC 02Q .0714 WASTEWATER TREATMENT SYSTEMS AT PULP AND PAPER MILLS History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143B-282; Eff. April 1, 2005; Repealed Eff. May 1, 2014.

SECTION .0800 - EXCLUSIONARY RULES 15A NCAC 02Q .0801 PURPOSE AND SCOPE (a) This Section establishes categories of facilities that may be exempt from the requirements of 15A NCAC 02Q .0500, 15A NCAC 02D .1111, or 40 CFR Part 63 by defining their potential emissions to be less tha…

15A NCAC 02Q .0802 GASOLINE SERVICE STATIONS AND DISPENSING FACILITIES (a) For the purpose of this Rule the following definitions shall apply: (1) "Gasoline dispensing facility" means any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tan…

15a ncac 02q .0803 COATING, SOLVENT CLEANING, GRAPHIC ARTS OPERATIONS (a) For the purposes of this Rule, the following definitions shall apply: (1) "Coating operation" means a process in which paints, enamels, lacquers, varnishes, inks, dyes, glues, and other similar materials ar…

15A NCAC 02Q .0804 DRY CLEANING FACILITIES (a) For the purpose of this Rule, the following definitions shall apply: (1) "Dry cleaning facility" means an establishment with one or more dry cleaning systems as defined in 40 CFR 63.321. (2) "Perchloroethylene consumption" means the …

15a ncac 02q .0805 GRAIN ELEVATORS (a) This Rule shall apply to grain elevators that only: (1) receive grain directly from the farm; and (2) clean, dry, grind, or store grain before it is transported elsewhere. (b) This Rule shall not apply to: (1) facilities that process grain b…

15A NCAC 02Q .0806 COTTON GINS (a) Potential emissions from cotton gins shall be determined using number of bales of cotton, not exceeding 500 pounds each, produced. (b) A cotton gin that gins less than 167,000 bales of cotton per year shall be exempt from the requirements of 15A…

15A ncac 02q .0807 EMERGENCY GENERATORS (a) This Rule shall apply to facilities whose only sources requiring a permit are one or more emergency generators or emergency use internal combustion engines and associated fuel storage tanks. (b) For the purposes of this Rule: (1) "Emerg…

15A NCac 02q .0808 PEAK SHAVING GENERATORS (a) This Rule shall apply to facilities whose only sources requiring a permit are one or more peak shaving generators and their associated fuel storage tanks. (b) For the purpose of this Rule, potential emissions shall be determined usin…

15A NCAC 02Q .0809 CONCRETE BATCH PLANTS History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; Eff. June 1, 2004; Repealed Eff. April 1, 2018.

15A NCac 02q .0810 air curtain burners (a) This Rule shall apply to facilities whose only sources requiring a permit are one or more air curtain burners. (b) A facility whose air curtain burners combust less than 8,100 tons of land clearing debris per year shall be exempt from th…

SECTION .0900 – PERMIT EXEMPTIONS 15A NCAC 02Q .0901 PURPOSE AND SCOPE (a) The purpose of this Section is to define categories of facilities or sources that are exempt from the requirements of 15A NCAC 02Q .0300. (b) Sources at a facility required to have a permit pursuant to 15A…

15A NCAC 02Q .0902 TEMPORARY CRUSHERS (a) For the purposes of this Rule, "temporary crusher" means a crusher that will not be operated at any one facility or site for more than 12 months. (b) This Rule applies to any temporary crusher that: (1) crushes no more than 300,000 tons a…

15A NCAC 02Q .0903 EMERGENCY GENERATORS and Stationary RECIPROCATING internal Combustion Engines (a) For the purposes of this Rule, the following definitions shall apply: (1) "Emergency generator" means an emergency stationary reciprocating internal combustion engine, as defined …

SUBCHAPTER 02R – division of mitigation services SECTION .0100 - PURPOSE AND DEFINITIONS 15A NCAC 02R .0101 PURPOSE History Note: Authority G.S. 143-214.8; 143-214.9; 143-215.3; Eff. August 1, 1998; Amended Eff. July 3, 2008; Repealed Eff. March 1, 2018.

15A NCAC 02R .0102 DEFINITIONS The definition of any word or phrase used in this Subchapter shall be the same as given in G.S. 143, Article 21. The following words and phrases shall mean: (1) "Aquatic resources" means wetlands, streams, lakes, rivers, springs, seeps, reservoirs, …