15A NCAC 02D .1402. APPLICABILITY

(a)  The rules in this Section do not apply except as specifically set out in this Rule. Section .2400 of this Subchapter applies rather than the nitrogen oxide (NOx) state implementation plan (SIP) call (40 CFR 51.121) provisions of Rules .1402(c) and (h), .1403(a) and (d) through (e), .1404(a), (b), and (d) through (j), .1409(c), (d), and (h), and .1416 through .1423 of this Subchapter.

(b)  The requirements of this Section apply to all sources May 1 through September 30 of each year.

(c)  Rules .1409(c) and .1416 through .1423 of this Section apply statewide.

(d)  Rules .1407 through .1409(b) and .1413 of this Section apply to facilities with potential emissions of nitrogen oxides equal to or greater than 100 tons per year or 560 pounds per calendar day beginning May 1 through September 30 of any year in the following areas:

(1)           Cabarrus County;

(2)           Gaston County;

(3)           Lincoln County;

(4)           Mecklenburg County;

(5)           Rowan County;

(6)           Union County; and

(7)           Davidson Township and Coddle Creek Township in Iredell County.

(e)  If a violation of the ambient air quality standard for ozone is measured according to 40 CFR 50.9 in Davidson, Forsyth, or Guilford County or that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River, the Director shall initiate analysis to determine the control measures needed to attain and maintain the ambient air quality standard for ozone.  By the following May 1, the Director shall implement the specific stationary source control measures contained in this Section that are required as part of the control strategy necessary to bring the area into compliance and to maintain compliance with the ambient air quality standard for ozone.  The Director shall implement the rules in this Section identified as necessary by the analysis by notice in the North Carolina Register. The notice shall identify the rules that are to be implemented and shall identify whether the rules implemented are to apply in Davidson, Forsyth, or Guilford County or that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River or any combination thereof.  At least one week before the scheduled publication date of the North Carolina Register containing the Director's notice implementing rules in this Section, the Director shall send written notification to all permitted facilities within the county in which the rules are being implemented that are or may be subject to the requirements of this Section informing them that they are or may be subject to the requirements of this Section.  (For Forsyth County, "Director" means for the purpose of notifying permitted facilities in Forsyth County, the Director of the Forsyth County local air pollution control program.)  Compliance shall be according to Rule .1403 of this Section.

(f)  If a violation of the ambient air quality standard for ozone is measured according to 40 CFR 50.9 in Durham or Wake County or Dutchville Township in Granville County, the Director shall initiate analysis to determine the control measures needed to attain and maintain the ambient air quality standard for ozone.  By the following May 1, the Director shall implement the specific stationary source control measures contained in this Section that are required as part of the control strategy necessary to bring the area into compliance and to maintain compliance with the ambient air quality standard for ozone.  The Director shall implement the rules in this Section identified as necessary by the analysis by notice in the North Carolina Register.  The notice shall identify the rules that are to be implemented and shall identify whether the rules implemented are to apply in Durham or Wake County or Dutchville Township in Granville County or any combination thereof.  At least one week before the scheduled publication date of the North Carolina Register containing the Director's notice implementing Rules .1407 through .1409(b) and .1413 of this Section, the Director shall send written notification to all permitted facilities within the county in which the rules are being implemented that are or may be subject to the requirements of this Section informing them that they are or may be subject to the requirements of this Section. Compliance shall be in according to Rule .1403 of this Section.

(g)  If the State nonattainment plan for ozone has failed to attain the ambient air quality standard for ozone and does not qualify for an extension of the attainment date in the Charlotte-Gastonia-Rock Hill ozone nonattainment area, the rules in this Section shall apply to facilities in Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and Davidson and Coddle Creek townships in Iredell County with the potential to emit at least 50 tons of nitrogen oxides per year.  Once the nonattainment plan for ozone has failed and the area does not qualify for an extension of the attainment date, the Director shall notice the applicability of these rules to these sources in the North Carolina Register and shall send written notification to all permitted facilities within the counties in which the rules are being implemented that are or may be subject to the requirements of this Section informing them that they are or may be subject to the requirements of this Section.  (For Mecklenburg County, "Director" means for the purpose of notifying permitted facilities in Mecklenburg County, the Director of the Mecklenburg County local air pollution control program.)  Compliance shall be according to Rule .1403 of this Section.

(h)  Regardless of any other statement of applicability of this Section, this Section does not apply to any:

(1)           source not required to obtain an air permit under 15A NCAC 02Q .0102 or is an insignificant activity as defined at 15A NCAC 02Q .0103(19);

(2)           incinerator or thermal or catalytic oxidizer used primarily for the control of air pollution;

(3)           emergency generator;

(4)           emergency use internal combustion engine;

(5)           stationary internal combustion engine less than 2400 brake horsepower that operates no more than the following hours between May 1 and September 30:

(A)          for diesel engines:

t = 833,333 / ES

(B)          for natural gas-fired engines:

t= 700,280 / ES

where t equals time in hours and ES equals engine size in horsepower.

 

History Note:        Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (7), (10);

Eff. April 1, 1995;

Amended Eff. April 1, 1997; July 1, 1995; April 1, 1995;

Temporary Amendment Eff. November 1, 2000;

Amended Eff. April 1, 2001;

Temporary Amendment Eff. August 1, 2001;

Amended Eff. June 1, 2008; July 1, 2007; March 1, 2007; July 18, 2002;

Temporary Amendment Eff. December 31, 2008;

Temporary Amendment expired September 29, 2009;

Amended Eff. January 1, 2010.