15A NCAC 02Q .0503 DEFINITIONS

For the purposes of this Section, the definitions in G.S. 143‑212, G.S. 143‑213, 15A NCAC 02Q .0103, 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 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 in 40 CFR 70.5(c) and such other information that is necessary to determine compliance with all applicable federal and State requirements.

(3) "Draft permit" means the version of a permit that the Division offers for public participation pursuant to 15A NCAC 02Q .0521 or affected state review pursuant to 15A NCAC 02Q .0522.

(4) "Emissions allowable under the permit" means an emissions limit, including a work practice standard, established by a federally enforceable permit term or condition, 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 pursuant to this Section if the permittee does not file a petition pursuant to Article 3 of G.S. 150B that is related to the permit.

(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 pursuant to 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 pursuant to 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, 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 use 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 pursuant to 15A NCAC 02Q .0515, .0516, or .0517 or any administrative permit amendment pursuant to 15A NCAC 02Q .0514.

(13) "Proposed permit" means the version of a permit that the Director proposes to issue and forwards to EPA for review pursuant to 15A NCAC 02Q .0522.

(14) "Responsible official" means a responsible official as defined in 40 CFR 70.2.

(15) "Section 502(b)(10) changes" means changes that contravene an express permit term or condition. Such changes shall 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.

(16) "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.

(17) "Timely" means:

(a) for a new facility or newly subject facility, 12 months from the date that the facility or source becomes subject to the Title V operating permit program pursuant to 15A NCAC 02Q .0500;

(b) for renewal of a permit previously issued pursuant to this Section, six months before the expiration of that permit;

(d) for a significant modification pursuant to 15A NCAC 02Q .0516 where the change would not contravene or conflict with a condition in the existing permit, 12 months after commencing operation;

(e) for reopening for cause pursuant to 15A NCAC 02Q .0517, as specified by the Director in a request for additional information by the Director;

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

(g) for modifications made pursuant to Section 112(j) of the federal Clean Air Act, 18 months after EPA fails to promulgate a standard for that category of source pursuant to 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. 143‑212; 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. July 1, 1996;

Temporary Amendment Eff. December 1, 1999;

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

Readopted Eff. April 1, 2018;

Amended Eff. September 1, 2022.