15A NCAC 02Q .0503. DEFINITIONS

For the purposes of this Section, the definitions in G.S. 143‑212 and 143‑213 and the following definitions apply:

(1)           "Affected States" means all states or local air pollution control agencies whose areas of jurisdiction are:

(a)           contiguous to North Carolina and located less than D=Q/12.5 from the facility, where:

(i)            Q = emissions of the pollutant emitted at the highest permitted rate in tons per year, and

(ii)           D = distance from the facility to the contiguous state or local air pollution control agency in miles

unless the applicant can demonstrate to the satisfaction of the Director that the ambient impact in the contiguous states or local air pollution control agencies is less than the incremental ambient levels in 15A NCAC 02D .0532(c)(5); or

(b)           within 50 miles of the permitted facility.

(2)           "Complete application" means an application that provides all information described under 40 CFR 70.5(c) and such other information that is necessary to determine compliance with all applicable requirements.

(3)           "Draft permit" means the version of a permit that the Division offers public participation under Rule .0521 of this Section or affected State review under Rule .0522 of this Section.

(4)           "Emissions allowable under the permit" means a federally enforceable permit term or condition determined at issuance to be an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the facility has assumed to avoid an applicable requirement to which the facility would otherwise be subject.

(5)           "Final permit" means the version of a permit that the Director issues that has completed all review procedures required under this Section if the permittee does not file a petition under Article 3 of G.S. 150B.

(6)           "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally‑equivalent opening.

(7)           "Insignificant activities because of category" means:

(a)           mobile sources;

(b)           air-conditioning units used for human comfort that are not subject to applicable requirements under Title VI of the federal Clean Air Act and do not exhaust air pollutants into the ambient air from any manufacturing or other industrial process;

(c)           ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing or other industrial process;

(d)           heating units used for human comfort that have a heat input of less than 10,000,000 Btu per hour and that do not provide heat for any manufacturing or other industrial process;

(e)           noncommercial food preparation;

(f)            consumer use of office equipment and products;

(g)           janitorial services and consumer use of janitorial products;

(h)           internal combustion engines used for landscaping purposes;

(i)            new residential wood heaters subject to 40 CFR Part 60, Subpart AAA; and

(j)            demolition and renovation activities covered solely under 40 CFR Part 61, Subpart M.

(8)           "Insignificant activities because of size or production rate" means any activity whose emissions would not violate any applicable emissions standard and whose potential emission of particulate, sulfur dioxide, nitrogen oxides, volatile organic compounds, and carbon monoxide before air pollution control devices, i.e., potential uncontrolled emissions, are each no more than five tons per year and whose potential emissions of hazardous air pollutants before air pollution control devices, are each below 1000 pounds per year.

(9)           "Minor facility" means any facility that is not a major facility.

(10)         "Operation" means the utilization of equipment that emits regulated pollutants.

(11)         "Permit renewal" means the process by which a permit is reissued at the end of its term.

(12)         "Permit revision" means any permit modification under Rule .0515, .0516, or .0517 of this Section or any administrative permit amendment under Rule .0514 of this Section.

(13)         "Proposed permit" means the version of a permit that the Director proposes to issue and forwards to EPA for review under Rule .0522 of this Section.

(14)         "Relevant source" means only those sources that are subject to applicable requirements.

(15)         "Responsible official" means a responsible official as defined under 40 CFR 70.2.

(16)         "Section 502(b)(10) changes" means changes that contravene an express permit term or condition. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.

(17)         "Synthetic minor facility" means a facility that would otherwise be required to follow the procedures of this Section except that the potential to emit is restricted by one or more federally enforceable physical or operational limitations, including air pollution control equipment and restrictions on hours or operation, the type or amount of material combusted, stored, or processed, or similar parameters.

(18)         "Timely" means:

(a)           for initial permit submittals under Rule .0506 of this Section, before the end of the time period specified for submittal of an application for the respective Standard Industrial Classification;

(b)           for a new facility, one year after commencing operation;

(c)           for renewal of a permit previously issued under this Section, nine months before the expiration of that permit;

(d)           for a minor modification under Rule .0515 of this Section, before commencing the modification;

(e)           for a significant modification under Rule .0516 of this Section where the change would not contravene or conflict with a condition in the existing permit, 12 months after commencing operation;

(f)            for reopening for cause under Rule .0517 of this Section, as specified by the Director in the request for additional information by the Director;

(g)           for requests for additional information, as specified by the Director in the request for additional information by the Director; or

(h)           for modifications made under Section 112(j) of the federal Clean Air Act, 18 months after EPA fails to promulgate a standard for that category of source under Section 112 of the federal Clean Air Act by the date established pursuant to Section 112(e)(1) or (3) of the federal Clean Air Act.

 

History Note:        Authority G.S. 143‑215.3(a)(1); 143‑212; 143‑213;

Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Amended Eff. July 1, 1996;

Temporary Amendment Eff. December 1, 1999;

Amended Eff. January 1, 2007; July 1, 2000.