15a NCAC 02Q .0103 DEFINITIONS

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

(1) "Administrator" means, when it appears in any Code of Federal Regulation incorporated by reference in 15A NCAC 02Q, the Director of the Division of Air Quality unless:

(a) a specific rule in this Subchapter specifies otherwise, or

(b) the U.S. Environmental Protection Agency in its delegation or approval states that a specific authority of the Administrator of the Environmental Protection Agency is not included in its delegation or approval.

(2) "Air Pollutant" means an air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive substance, or matter that is emitted into or otherwise enters the ambient air. Water vapor shall not be considered an air pollutant.

(3) "Allowable emissions" means the maximum emissions allowed by the applicable rules set forth in 15A NCAC 02D or by permit conditions if the permit limits emissions to a lesser amount.

(4) "Alter or change" means to make a modification.

(5) "Applicable requirements" means:

(a) any requirement of 15A NCAC 02Q .0500;

(b) any standard or other requirement provided for in the implementation plan approved or promulgated by EPA through rulemaking pursuant to Title I of the federal Clean Air Act, that implements the relevant requirements of the federal Clean Air Act including any revisions to 40 CFR Part 52;

(d) any standard or other requirement pursuant to Section 111 or 112 of the federal Clean Air Act, but not including the contents of any risk management plan required pursuant to Section 112 of the federal Clean Air Act;

(e) any standard or other requirement pursuant to Title IV of the federal Clean Air Act;

(f) any standard or other requirement governing solid waste incineration pursuant to Section 129 of the federal Clean Air Act;

(g) any standard or other requirement pursuant to Section 183(e), 183(f), or 328 of the federal Clean Air Act;

(h) any standard or requirement pursuant to Title VI of the federal Clean Air Act unless a permit for such requirement is not required pursuant to this Section;

(i) any requirement pursuant to Section 504(b) or 114(a)(3) of the federal Clean Air Act; or

(j) any national ambient air quality standard or increment or visibility requirement pursuant to Part C of Title I of the federal Clean Air Act, but only as it would apply to temporary sources permitted pursuant to Section 504(e) of the federal Clean Air Act.

(6) "Applicant" means a person who is applying for an air quality permit from the Division.

(7) "Application package" means all elements or documents required to make an application complete.

(8) "CFR" means the Code of Federal Regulations.

(9) "Construction" means change in the method of operation or any physical change, including on-site fabrication, erection, installation, replacement, demolition, or modification of a source, that results in a change in emissions or affects the compliance status. The following activities shall not be considered construction:

(a) clearing and grading;

(b) building access roads, driveways, and parking lots;

(c) building and installing underground pipe work, including water, sewer, electric, and telecommunications utilities; or

(d) building ancillary structures, including fences and office buildings that are not a necessary component of an air contaminant source, equipment, or associated air cleaning device for which a permit is required pursuant to G.S. 143-215.108.

(10) "Director" means the Director of the Division of Air Quality.

(11) "Division" means the Division of Air Quality.

(12) "EPA" means the United States Environmental Protection Agency or the Administrator of the Environmental Protection Agency.

(13) "EPA approves" means full approval, interim approval, or partial approval by EPA.

(14) "Equivalent unadulterated fuels" means used oils that have been refined such that the content of toxic additives or contaminants in the oil are no greater than those in unadulterated fossil fuels.

(15) "Facility" means all of the pollutant-emitting activities, except transportation facilities, that are located on one or more adjacent properties under common control.

(16) "Federally-enforceable" means enforceable by EPA, Administrator as defined in Item (1) of this Rule, and citizens under the federal Clean Air Act.

(17) "Fuel combustion equipment" means any fuel burning source covered pursuant to 15A NCAC 02D .0503, .0504, .0536, or 40 CFR Part 60 Subpart D, Da, Db, or Dc.

(18) "Green wood" means wood with a moisture content of 18% or more.

(19) "Hazardous air pollutant" means any pollutant that has been listed pursuant to Section 112(b) of the federal Clean Air Act. Pollutants listed only in 15A NCAC 02D .1104 (Toxic Air Pollutant Guidelines), but not pursuant to Section 112(b), shall not be included in this definition.

(20) "Insignificant activities" means activities defined as insignificant activities because of category or as insignificant activities because of size or production rate pursuant to 15A NCAC 02Q .0503.

(21) "Lesser quantity cutoff" means:

(a) for a source subject to the requirements of Section 112(d) or (j) of the federal Clean Air Act, the level of emissions of hazardous air pollutants below which the following are not required:

(i) maximum achievable control technology (MACT) or generally available control technology (GACT), including work practice standards, pursuant to Section 112(d) of the federal Clean Air Act;

(ii) a MACT standard established pursuant to Section 112(j) of the federal Clean Air Act; or

(iii) substitute MACT or GACT adopted pursuant to Section 112(l) of the federal Clean Air Act;

(b) for modification of a source subject to the requirements of Section 112(g) of the federal Clean Air Act, the level of emissions of hazardous air pollutants below which MACT is not required to be applied pursuant to Section 112(g) of the federal Clean Air Act; or

(c) for all other sources, potential emissions of each hazardous air pollutant below 10 tons per year and the aggregate potential emissions of all hazardous air pollutants below 25 tons per year.

(22) "Major facility" means a major source as defined pursuant to 40 CFR 70.2.

(23) "Modification" means any physical change or change in method of operation that results in a change in emissions or affects compliance status of the source or facility.

(24) "Owner or operator" means any person who owns, leases, operates, controls, or supervises a facility, source, or air pollution control equipment.

(25) "Peak shaving generator" means a generator that is located at a facility and is used only to serve that facility's on-site electrical load during peak demand periods for the purpose of reducing the cost of electricity; it does not generate electricity for resale. A peak shaving generator may also be used for emergency backup.

(26) "Permit" means the binding written document, including any revisions thereto, issued pursuant to G.S. 143‑215.108 to the owner or operator of a facility or source that emits one or more air pollutants and that allows that facility or source to operate in compliance with G.S. 143‑215.108. This document shall specify the requirements applicable to the facility or source and to the permittee.

(27) "Permittee" means the person who has been issued an air quality permit from the Division.

(28) "Potential emissions" means the rate of emissions of any air pollutant that would occur at the facility's maximum capacity to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a facility to emit an air pollutant shall be treated as a part of its design if the limitation is federally enforceable. Such physical or operational limitations shall include air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed. Potential emissions shall include fugitive emissions as specified in the definition of major source in 40 CFR 70.2. Potential emissions shall not include a facility's secondary emissions such as those from motor vehicles associated with the facility and shall not include emissions from insignificant activities because of category as defined in 15A NCAC 02Q .0503. If a rule in 40 CFR Part 63 uses a different methodology to calculate potential emissions, that methodology shall be used for sources and pollutants regulated pursuant to that rule.

(29) "Portable generator" means a generator permanently mounted on a trailer or a frame with wheels.

(30) "Regulated air pollutant" means:

(a) nitrogen oxides or any volatile organic compound as defined pursuant to 40 CFR 51.100;

(b) any pollutant for which there is an ambient air quality standard pursuant to 40 CFR Part 50;

(d) any pollutant subject to a standard promulgated pursuant to Section 112 of the federal Clean Air Act or other requirements established pursuant to Section 112 of the federal Clean Air Act, including Section 112(g) for only the facility subject to Section 112(g)(2) of the federal Clean Air Act, (j), or (r) of the federal Clean Air Act; or

(e) any Class I or II substance listed pursuant to Section 602 of the federal Clean Air Act.

(31) "Sawmill" means a place or operation where logs are sawed into lumber consisting of one or more of these activities: debarking, sawing, and sawdust handling. Activities that shall not be considered part of a sawmill include chipping, sanding, planning, routing, lathing, and drilling.

(32) "Source" means any stationary article, machine, process equipment, or other contrivance, or combination thereof, from which air pollutants emanate or are emitted, either directly or indirectly.

(33) "State-enforceable only" means terms and conditions that are not required under the Clean Air Act or under any of its applicable requirements. Terms and conditions designated as State-enforceable only are not subject to the requirements of 40 CFR Part 70.

(34) "Toxic air pollutant" means any of the carcinogens, chronic toxicants, acute systemic toxicants, or acute irritants that are listed in 15A NCAC 02D .1104.

(35) "Transportation facility" shall be considered a complex source as defined in G.S. 143‑213(22).

(36) "Unadulterated fossil fuel" means fuel oils, coal, natural gas, or liquefied petroleum gas to which no toxic additives have been added that may result in the emissions of a toxic air pollutant listed pursuant to 15A NCAC 02D .1104.

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

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. April 1, 1999; July 1, 1998; July 1, 1996;

Temporary Amendment Eff. December 1, 1999;

Amended Eff. January 1, 2015; December 1, 2005; July 1, 2000;

Readopted Eff. April 1, 2018;

Amended Eff. September 1, 2022.