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.

(d) Rules 15A NCAC 02D .1407 through .1409(b) and .1413 apply to facilities with potential emissions of NOx greater than or equal to 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 where 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 the purposes of notifying permitted facilities in Forsyth County, "Director" means the Director of the Forsyth County local air pollution control program. Compliance shall be determined by 15A NCAC 02D .1403.

(f) If a violation of the ambient air quality standard for ozone is measured according to 40 CFR 50.9 in Durham County, 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 County, 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 15A NCAC 02D .1407 through .1409(b) and 15A NCAC 02D .1413, the Director shall send written notification to all permitted facilities within the county where 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 according to 15A NCAC 02D .1403.

(g) If the State nonattainment plan for ozone has failed to attain the ambient air quality standard for ozone in 40 CFR 50.9 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 NOx 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 those sources in the North Carolina Register and shall send written notification to all permitted facilities within the counties where 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 the purposes of notifying permitted facilities in Mecklenburg County, "Director" means the Director of the Mecklenburg County local air pollution control program. Compliance shall be according to 15A NCAC 02D .1403.

(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 pursuant to 15A NCAC 02Q .0102 or is an insignificant activity as defined in 15A NCAC 02Q .0103;

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

(3) emergency generator;

(4) emergency use internal combustion engine; or

(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:

(B) for natural gas-fired engines:

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); 143.215.107(a)(7); 143.215.107(a)(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;

Readopted Eff. October 1, 2020;

Amended Eff. May 1, 2022.