This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA
REGISTER
VOLUME 23 ● ISSUE 13 ● Pages 1210 - 1317
January 2, 2009
I. IN ADDITION
DENR – Notice of Application for Approval of a Wastewater System.......... 1210
Board of Pharmacy, Narrow Therapeutic Index Drugs................................... 1211
II. TEMPORARY RULES
Administrative Hearings, Office of
Administrative Hearings, Office of................................................................. 1237 – 1238
Environment and Natural Resources, Department of
Environmental Management Commission ...................................................... 1212 – 1237
III. APPROVED RULES........................................................................................ 1239 – 1309
Agriculture and Consumer Services, Department of
Tobacco Trust Fund Commission
Commerce, Department of
Cemetery Commission
Correction, Department of
Department
Environment and Natural Resources, Department of
Coastal Resources Commission
Environmental Management Commission
Water Treatment Facility Operators Certification Board
Health and Human Services, Department of
Blind, Commission for the
Insurance, Department of
Department
Justice, Department of
Private Protective Services Board
Occupational Licensing Boards and Commissions
Cosmetic Art Examiners, Board of
Nursing, Board of
Pharmacy, Board of
Physical Therapy Examiners, Board of
State Personnel, Office of
State Personnel Commission
IV. CONTESTED CASE DECISIONS
Index to ALJ Decisions ...................................................................................... 1310 – 1317
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
Contact List for Rulemaking Questions or Concerns
For questions or concerns regarding the Administrative Procedure Act or any of its components, consult
with the agencies below. The bolded headings are typical issues which the given agency can address,
but are not inclusive.
Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Molly Masich, Codifier of Rules molly.masich@oah.nc.gov (919) 431-3071
Dana Vojtko, Publications Coordinator dana.vojtko@oah.nc.gov (919) 431-3075
Julie Edwards, Editorial Assistant julie.edwards@oah.nc.gov (919) 431-3073
Rule Review and Legal Issues
Rules Review Commission
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Joe DeLuca Jr., Commission Counsel joe.deluca@oah.nc.gov (919) 431-3081
Bobby Bryan, Commission Counsel bobby.bryan@oah.nc.gov (919) 431-3079
Tammara Chalmers, Admin Assistant tammara.chalmers@oah.nc.gov (919) 431-3083
Fiscal Notes & Economic Analysis
Office of State Budget and Management
116 West Jones Street (919) 807-4700
Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX
contact: William Crumbley, Economic Analyst william.crumbley@ncmail.net (919) 807-4740
Governor’s Review
Reuben Young reuben.young@ncmail.net
Legal Counsel to the Governor (919) 733-5811
116 West Jones Street(919)
Raleigh, North Carolina 27603
Legislative Process Concerning Rule-making
Joint Legislative Administrative Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 27611 (919) 715-5460 FAX
contact: Karen Cochrane-Brown, Staff Attorney karenc@ncleg.net
Jeff Hudson, Staff Attorney jeffreyh@ncleg.net
County and Municipality Government Questions or Notification
NC Association of County Commissioners
215 North Dawson Street (919) 715-2893
Raleigh, North Carolina 27603
contact: Jim Blackburn jim.blackburn@ncacc.org
Rebecca Troutman rebecca.troutman@ncacc.org
NC League of Municipalities (919) 715-4000
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Anita Watkins awatkins@nclm.org
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA REGISTER
Publication Schedule for January 2009 – December 2009
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
31st legislative day of the
session beginning:
270th day from publication
in the Register
23:13 01/02/09 12/08/08 01/17/09 03/03/09 03/20/09 05/01/09 05/2010 09/29/09
23:14 01/15/09 12/19/08 01/30/09 03/16/09 03/20/09 05/01/09 05/2010 10/12/09
23:15 02/02/09 01/09/09 02/17/09 04/03/09 04/20/09 06/01/09 05/2010 10/30/09
23:16 02/16/09 01/26/09 03/03/09 04/17/09 04/20/09 06/01/09 05/2010 11/13/09
23:17 03/02/09 02/09/09 03/17/09 05/01/09 05/20/09 07/01/09 05/2010 11/27/09
23:18 03/16/09 02/23/09 03/31/09 05/15/09 05/20/09 07/01/09 05/2010 12/11/09
23:19 04/01/09 03/11/09 04/16/09 06/01/09 06/22/09 08/01/09 05/2010 12/27/09
23:20 04/15/09 03/24/09 04/30/09 06/15/09 06/22/09 08/01/09 05/2010 01/10/10
23:21 05/01/09 04/09/09 05/16/09 06/30/09 07/20/09 09/01/09 05/2010 01/26/10
23:22 05/15/09 04/24/09 05/30/09 07/14/09 07/20/09 09/01/09 05/2010 02/09/10
23:23 06/01/09 05/08/09 06/16/09 07/31/09 08/20/09 10/01/09 05/2010 02/26/10
23:24 06/15/09 05/22/09 06/30/09 08/14/09 08/20/09 10/01/09 05/2010 03/12/10
24:01 07/01/09 06/10/09 07/16/09 08/31/09 09/21/09 11/01/09 05/2010 03/28/10
24:02 07/15/09 06/23/09 07/30/09 09/14/09 09/21/09 11/01/09 05/2010 04/11/10
24:03 08/03/09 07/13/09 08/18/09 10/02/09 10/20/09 12/01/09 05/2010 04/30/10
24:04 08/17/09 07/27/09 09/01/09 10/16/09 10/20/09 12/01/09 05/2010 05/14/10
24:05 09/01/09 08/11/09 09/16/09 11/02/09 11/20/09 01/01/10 05/2010 05/29/10
24:06 09/15/09 08/24/09 09/30/09 11/16/09 11/20/09 01/01/10 05/2010 06/12/10
24:07 10/01/09 09/10/09 10/16/09 11/30/09 12/21/09 02/01/10 05/2010 06/28/10
24:08 10/15/09 09/24/09 10/30/09 12/14/09 12/21/09 02/01/10 05/2010 07/12/10
24:09 11/02/09 10/12/09 11/17/09 01/02/10 01/20/10 03/01/10 05/2010 07/30/10
24:10 11/16/09 10/23/09 12/01/09 01/15/10 01/20/10 03/01/10 05/2010 08/13/10
24:11 12/01/09 11/05/09 12/16/09 02/01/10 02/22/10 04/01/10 05/2010 08/28/10
24:12 12/15/09 11/20/09 12/30/09 02/15/10 02/22/10 04/01/10 05/2010 09/11/10
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a
proposed rule for at least 60 days after the text is
published or until the date of any public hearings held
on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B-
21.3, Effective date of rules.
IN ADDITION
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1210
Notice of Application for Innovative Approval of a Wastewater System for On-site Subsurface Use
Pursuant to NCGS 130A-343(g), the North Carolina Department of Environment and Natural Resources (DENR) shall publish a
Notice in the NC Register that a manufacturer has submitted a request for approval of a wastewater system, component, or device for
on-site subsurface use. The following applications have been submitted to DENR:
Application by: Mark Hooks
Infiltrator Systems, Inc
PO Box 768
Old Saybrook, CT 06475
For: Innovative Approval for Aquaworx Pressure Bell Assembly
DENR Contact: Ted Lyon
1-919-715-3274
Fax: 919-715-3227
ted.lyon@ncmail.net
These applications may be reviewed by contacting the applicant or at 2728 Capital Blvd., Raleigh, NC, On-Site Water Protection
Section, Division of Environmental Health. Draft proposed innovative approvals and proposed final action on the application by
DENR can be viewed on the On-Site Water Protection Section web site: http://www.deh.enr.state.nc.us/osww_new/new1//index.htm.
Written public comments may be submitted to DENR within 30 days of the date of the Notice publication in the North Carolina
Register. All written comments should be submitted to Mr. Ted Lyon, Chief, On-site Water Protection Section, 1642 Mail Service
Center, Raleigh, NC 27699-1642, or ted.lyon@ncmail.net, or fax 919.715.3227. Written comments received by DENR in accordance
with this Notice will be taken into consideration before a final agency decision is made on the innovative subsurface wastewater
system application.
IN ADDITION
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1211
TEMPORARY RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1212
Note from the Codifier: The rules published in this Section of the NC Register are temporary rules reviewed and approved by the
Rules Review Commission (RRC) and have been delivered to the Codifier of Rules for entry into the North Carolina Administrative
Code. A temporary rule expires on the 270th day from publication in the Register unless the agency submits the permanent rule to the
Rules Review Commission by the 270th day.
This section of the Register may also include, from time to time, a listing of temporary rules that have expired. See G.S. 150B-21.1
and 26 NCAC 02C .0500 for adoption and filing requirements.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Rule-making Agency: Environmental Management
Commission
Rule Citation: 15A NCAC 02D .1402, .1404, .1407-.1411,
.1416-.1422
Effective Date: December 31, 2008
Date Approved by the Rules Review Commission: November
20, 2008
Reason for Action: Temporary rules are proposed to amend
the Nitrogen Oxide (NOX) State Implementation Plan (SIP) Call
Rules in the 15A NCAC 02D .1400 Section for the year 2009 and
beyond. On May 12, 2005, the United States Environmental
Protection Agency (USEPA) promulgated the Clean Air
Interstate Rule (CAIR). CAIR established annual and ozone
season NOX emission budgets. The CAIR ozone season NOX
emission budget program was to replace the NOX SIP Call ozone
season program. NC's adoption of CAIR became effective on
May 1, 2008. NC's repeal of the NOX SIP call rules was
approved on May 15, 2008. Those repeals become effective on
January 1, 2009 (the date the CAIR rules were to take over). On
July 11, 2008, a three-judge panel of the U.S. Court of Appeals
for the District of Columbia unanimously vacated CAIR in its
entirety and remanded the rules to USEPA for revision
consistent with the Court's opinion. Temporary rules are being
proposed to supersede the repeals and associated amendments
that would otherwise become effective on January 1, 2009 in
order to ensure there is no gap in the NOX regulatory program
in NC for NOX SIP call sources. These Temporary Rules include
unit-level ozone season NOX allocations for 2009 that are the
same as the 2008 allocations. Temporary Rules also include
modifications to ensure their validity for the year 2009 and
beyond. For example, allocations for new growth of major point
sources are included for the year 2009 and beyond in Rule 15A
NCAC 02D .1421. Should the Court mandate vacatur of CAIR
as indicated in its original opinion, upon effective date of the
repeal of the NOX SIP Call rules January 1, 2009, there would
be a gap in North Carolina's NOX management program. There
would be no NOX SIP Call rules remaining since they have
already been repealed (effective January 1, 2009) in anticipation
of the beginning of the CAIR program. The standard rulemaking
process did not allow enough time to develop permanent rules
and have them approved and become effective between the time
of the vacatur (July 11, 2008) and the end of 2008 in order to
avoid a gap in the program for 2009 when the otherwise
repealed rules will disappear. Timing of the temporary
rulemaking process does allow the possibility of avoiding a gap
in North Carolina's NOX management program rules.
CHAPTER 02 – ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 02D - AIR POLLUTION CONTROL
REQUIREMENTS
SECTION .1400 - NITROGEN OXIDES
15A NCAC 02D .1402 APPLICABILITY
(a) The rules in this Section do not apply except as specifically
set out in this Rule. In the event that the U.S. Circuit Court does
not mandate vacatur of the Clean Air Interstate Rule consistent
with its July 11, 2008 Order, North Carolina v. EPA, 531 F.3d
896 (D.C. Cir 2008), Section .2400 of this Subchapter shall
apply 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 (f), .1404(a), (b), and (d)
through (j), .1409(b), (d), and (h), and .1416 through .1423 of
this Subchapter that would be in conflict therewith. To the extent
that the Court mandates vacatur of the Clean Air Interstate Rule,
the provisions of Rules .1402(c) and (h), .1403(a) and (d)
through (f), .1404(a), (b), and (d) through (j), .1409(b), (d), and
(h), and .1416 through .1423 of this Subchapter shall apply.
(b) The requirements of this Section shall apply to all sources
May 1 through September 30 of each year.
(c) RulesRule .1409(b) and .1416 through .1423of this Section
apply applies statewide.
(d) The Rules .1407 through .1409 and .1413 of this Section
apply to facilities with the potential to emit 100 ton or more
nitrogen oxides per year in the following areas:
(1) Cabarrus County
(2) Gaston County
(3) Lincoln County
(4) Mecklenburg County
(5) Rowan County
(6) Union County
(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
TEMPORARY RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1213
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 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. Compliance shall
be in according to Rule .1403 of this Section.
(g) If EPA notifies the State that its nonattainment plan for
ozone has failed to attain the ambient air quality standard for
ozone 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 but less than 100 tons of
nitrogen oxides per year. Within 60 days of receipt of the
notification from EPA, 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) source that is not covered under Rule .1418
Rules .1416, .1417, or .1418 of this Section,
and that is at a facility with a federally
enforceable potential to emit nitrogen oxides
of:
(A) less than 100 tons per year; and
(B) less than 560 pounds per calendar day
beginning May 1 through September
30 of any year.
(6) 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.
(i) The exemption in Subparagraph (h)(6) of this Rule does not
apply to any of the sources listed in Rule .1417(a)(1) or (2), or
(b), of this Section except as it applies to a stationary
combustion turbine constructed before January 1, 1979, that has
a federally enforceable permit that restricts:
(1) its potential emissions of nitrogen oxides to no
more than 25 tons between May 1 and
September 30;
(2) it to burning only natural gas or oil; and
(3) its hours of operation as described in 40 CFR
96.4(b)(1)(ii) and (iii).
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 RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1214
15A NCAC 02D .1404 RECORDKEEPING:
REPORTING: MONITORING:
(a) General requirements. The owner or operator of any source
shall comply with the monitoring, recordkeeping and reporting
requirements in Section .0600 of this Subchapter and shall
maintain all records necessary for determining compliance with
all applicable limitations and standards of this Section for five
years.
(b) Submittal of information to show compliance status. The
owner or operator of any source shall maintain and, when
requested by the Director, submit any information required by
these rules this Section to determine the compliance status of an
affected source.
(c) Excess emissions reporting. The owner or operator shall
report excess emissions following the procedures under Rule
.0535 of this Subchapter.
(d) Continuous emissions monitors.
(1) The owner or operator shall install, operate,
and maintain a continuous emission
monitoring system according to 40 CFR Part
75, Subpart H, with such exceptions as may be
allowed under 40 CFR Part 75, Subpart H or
40 CFR Part 96 if:
(A) a source is covered under Rules
.1416, .1417, or .1418 of this Section
except internal combustion engines,
or
(B) any source that opts into the nitrogen
oxide budget trading program under
Rule .1419 of this Section .
(2) The owner or operator of a source that is
subject to the requirements of this Section but
not covered under Subparagraph (1) of this
Paragraph and that uses a continuous
emissions monitoring system to measure
emissions of nitrogen oxides shall operate and
maintain the continuous emission monitoring
system according to 40 CFR Part 60,
Appendix B, Specification 2, and Appendix F
or Part 75, Subpart H. If diluent monitoring is
required, 40 CFR Part 60, Appendix B,
Specification 3, shall be used. If flow
monitoring is required, 40 CFR Part 60,
Appendix B, Specification 6, shall be used.
(3) The owner or operator of the following
sources shall not be is not required to use
continuous emission monitors unless the
Director determines that a continuous emission
monitor is necessary under Rule .0611 of this
Subchapter to show compliance with the rules
of this Section:
(A) a boiler or indirect-fired process
heater covered under Rule .1407 of
this Section with a maximum heat
input less than or equal to 250 million
Btu per hour;
(B) stationary internal combustion
engines covered under Rule .1409 of
this Section except for engines
covered under Rules .1409(b) and
.1418 of this Section.
(e) Missing data.
(1) If data from continuous emission monitoring
systems required to meet the requirements of
40 CFR Part 75 are not available at a time that
the source is operated, the procedures in 40
CFR Part 75 shall be used to supply the
missing data.
(2) For continuous emissions monitors not
covered under Subparagraph (1) of this
Paragraph, data shall be available for at least
95 percent of the emission sources operating
hours for the applicable averaging period,
where four equally spaced readings constitute
a valid hour. If data from continuous emission
monitoring systems are not available for at
least 95 percent of the time that the source is
operated, the owner or operator of the monitor
shall:
(A) use the procedures in 40 CFR 75.33
through 75.37 to supply the missing
data; or
(B) document that the combustion source
or process equipment and the control
device were being properly operated
(acceptable operating and
maintenance procedures are being
used, such as, compliance with permit
conditions, operating and
maintenance procedures, and
preventative maintenance program,
and monitoring results and
compliance history) when the
monitoring measurements were
missing.
(f) Quality assurance for continuous emissions monitors.
(1) The owner or operator of a continuous
emission monitor required to meet 40 CFR
Part 75, Subpart H, shall follow the quality
assurance and quality control requirements of
40 CFR Part 75, Subpart H.
(2) For a continuous emissions monitor not
covered under Subparagraph (1) of this
Paragraph, the owner or operator of the
continuous emissions monitor shall follow the
quality assurance and quality control
requirements of 40 CFR Part 60, Appendix F,
if the monitor is required to be operated
annually under another rule. If the continuous
emissions monitor is being operated only to
satisfy the requirements of this Section, then
the quality assurance and quality control
requirements of 40 CFR Part 60, Appendix F,
shall apply except that:
(A) A relative accuracy test audit shall be
conducted after January 1 and before
May 1 of each year;
TEMPORARY RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1215
(B) One of the following shall be
conducted at least once between May
1 and September 30 of each year:
(i) a linearity test, according to
40 CFR Part 75, Appendix
A, Section 3.2, 6.2, and 7.1;
(ii) a relative accuracy audit,
according to 40 CFR Part
60, Appendix F, Section 5
and 6; or
(iii) a cylinder gas audit
according to 40 CFR Part
60, Appendix F, Section 5
and 6; and
(C) A daily calibration drift test shall be
conducted according to 40 CFR Part
60, Appendix F, Section 4.0.
(g) End of season reporting for large sources. The owner or
operator of a source covered under Rules .1416, .1417, or .1418
of this Section shall report to the Director no later than October
30 of each year, the tons of nitrogen oxides emitted during the
previous ozone season. The Division of Air Quality shall make
this information publicly available.
(h) Recordkeeping and reporting requirements for large sources.
The owner or operator of a source covered under Rules .1416,
.1417, or .1418 of this Section shall comply with the
recordkeeping and reporting requirements of 40 CFR Part 96,
Budget Trading Program for State Implementation Plans.
(i) Averaging time for continuous emissions monitors. When
compliance with a limitation established for a source subject to
the requirements of this Section is determined using a
continuous emissions monitoring system, a 24-hour block
average as described under Rule .0606 of this Subchapter shall
be recorded for each day beginning May 1 through September
30 unless a specific rule requires a different averaging time or
procedure. Sources covered under Rules .1416, .1417, or .1418
of this Section shall comply with the averaging time
requirements of 40 CFR Part 75. A 24-hour block average
described in Rule .0606 of this Subchapter shall be used when a
continuous emissions monitoring system is used to determine
compliance with a short-term pounds-per-million-Btu standard
in Rule .1418 of this Section.
(j) Heat input. Heat input shall be determined:
(1) for sources required to use a monitoring
system meeting the requirements of 40 CFR
Part 75, using the procedures in 40 CFR Part
75; or
(2) for sources not required to use a monitoring
system meeting the requirements of 40 CFR
Part 75 using:
(A) 40 CFR Part 75,
(B) a method in 15A NCAC 2D .0501, or
(C) the best available heat input data if
approved by the Director (the
Director shall grant approval if he
finds that the heat input data is the
best available).
(k) Source testing. When compliance with a limitation
established for a source subject to the requirements of this
Section is determined using source testing, the source testing
shall follow the procedures of Rule .1415 of this Section.
(l) Alternative monitoring and reporting procedures. The owner
or operator of a source covered under this Rule may request
alternative monitoring or reporting procedures under Rule .0612,
Alternative Monitoring and Reporting Procedures.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65;
143-215.66; 143-215.107(a)(5), (7), (10);
Eff. April 1, 1995;
Amended Eff. April 1, 1999;
Temporary Amendment Eff. November 1, 2000;
Amended Eff. April 1, 2001;
Temporary Amendment Eff. August 1, 2001;
Amendment Eff. December 1, 2005; January 1, 2005; May 1,
2004; July 15, 2002;
Temporary Amendment Eff. December 31, 2008(this amendment
replaces the amendment approved by RRC on May 15, 2008).
15A NCAC 02D .1407 BOILERS AND INDIRECT-FIRED
PROCESS HEATERS
(a) This Rule applies geographically according to Rule .1402 of
this Section.
(b) The owner or operator of a boiler or indirect-fired process
heater subject to the requirements of this Section as determined
by Rule .1402(d) of this Section with a maximum heat input rate
of less than or equal to 50 million Btu per hour shall comply
with the annual tune-up requirements of Rule .1414 of this
Section. The owner or operator of a boiler or indirect-fired
process heater subject to the requirements of this Paragraph shall
maintain records of all tune-ups performed for each source
according to Rule .1404 of this Section.
(c) The owner or operator of a fossil fuel-fired boiler with a
maximum heat input rate less than or equal to 250 million Btu
per hour but greater than 50 million Btu per hour, a boiler with a
maximum heat input greater than 50 million Btu per hour that is
not a fossil fuel-fired boiler, or an indirect-fired process heater
with a maximum heat input greater than 50 million Btu per hour
shall comply by:
(1) installation of, if necessary, combustion
modification technology or other NOx control
technology and maintenance, including annual
tune-ups and recordkeeping; and
(2) demonstration through source testing or
continuous emission monitoring that the
source complies with the following applicable
limitation:
MAXIMUM ALLOWABLE NOX EMISSION RATES FOR BOILERS AND INDIRECT PROCESS HEATERS
(POUNDS PER MILLION BTU)
Firing Method
Fuel/Boiler Type Tangential Wall Stoker or Other
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23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1216
Coal (Wet Bottom) 1.0 1.0 N/A
Coal (Dry Bottom) 0.45 0.50 0.40
Wood or Refuse 0.20 0.30 0.20
Oil 0.30 0.30 0.30
Gas 0.20 0.20 0.20
(d) If this Rule applies to a boiler or indirect-fired process
heater pursuant to Rule .1402(d) of this Section, and the
emissions are greater than the applicable limitation in Paragraph
(c) of this Rule after reasonable effort as defined in Rule .1401
of this Section, or if the requirements of this Rule are not RACT,
the owner or operator may petition the Director for an alternative
limitation or standard in accordance with Rule .1412 of this
Section.
(e) Compliance with the limitation established for a boiler or
indirect-fired process heater under this Rule shall be determined:
(1) using a continuous emissions monitoring
system for boilers or indirect-fired process
heaters with a maximum heat input rate greater
than 250 million Btu per hour;
(1)(2) using a continuous emission monitoring
system if the boiler or indirect-fired process
heater is required to use a continuous
emissions monitoring system under Rule .0524
of this Section or 40 CFR Part 60 to measure
emissions of nitrogen oxides; or
(2)(3) using annual source testing according to Rule
.1415 of this Section for boilers or indirect-fired
process heaters with a maximum heat
input rate less than or equal to 250 million Btu
per hour but greater than 50 million BTU per
hour with the exception allowed under
Paragraph (f) of this Rule.
(f) If a source covered under this rule can burn more than one
fuel, the owner or operator of the source may choose not to burn
one or more of these fuels during the ozone season. If the owner
or operator chooses not to burn a particular fuel, the sources
testing required under Subparagraph (e)(2) (e)(3) of this Rule
shall not be required for that fuel.
(g) If two consecutive annual source tests show compliance, the
Director may reduce the frequency of testing up to once every
five years. In years that a source test is not done, the boiler or
indirect-fired process heater shall comply with the annual tune-up
requirements of Rule .1414 of this Section. If after the
Director reduces the frequency of testing, a source test shows
that the emission limit under this Rule is exceeded, the Director
shall require the boiler or indirect-fired process heater to be
tested annually until two consecutive annual tests show
compliance. Then the Director may again reduce the frequency
of testing.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.66;
143-215.107(a)(5),(7), (10);
Eff. April 1, 1995;
Temporary Amendment Eff. August 1, 2001; November 1, 2000;
Amended Eff. June 1, 2008; July 18, 2002;
Temporary Amendment Eff. December 31, 2008.
15A NCAC 02D .1408 STATIONARY COMBUSTION
TURBINES
(a) This Rule applies geographically according to Rule .1402 of
this Section.
(b) Unless the owner or operator chooses the option of emission
averaging under Rule .1410 of this Section, the owner or
operator of a stationary combustion turbine with a heat input rate
greater than 100 million Btu per hour but less than or equal to
250 million Btu per hour shall comply with the following
limitations:
(1) Emissions of NOx shall not exceed 75 ppm by
volume corrected to 15 percent oxygen for
gas-fired turbines, or
(2) Emissions of NOx shall not exceed 95 ppm by
volume corrected to 15 percent oxygen for oil-fired
turbines.
If necessary, the owner or operator shall install combustion
modification technology or other NOx control technology to
comply with the applicable limitation set forth in this Paragraph.
(c) If this Rule applies to a stationary combustion turbine
pursuant to Rule .1402(d) of this Section, and the emissions are
greater than the applicable limitation in Paragraph (b) of this
Rule after reasonable effort as defined in Rule .1401 of this
Section, or if the requirements of this Rule are not RACT for the
particular stationary combustion turbine, the owner or operator
may petition the Director for an alternative limitation or standard
according to Rule .1412 of this Section.
(d) Compliance with the limitation established for a stationary
combustion turbine under this Rule shall be determined:
(1) using a continuous emissions monitoring
system, or
(2) using annual source testing according to Rule
.1415 of this Section.
(e) If a source covered under this rule can burn more than one
fuel, the owner or operator of the source may choose not to burn
one or more of these fuels during the ozone season. If the owner
or operator chooses not to burn a particular fuel, the sources
testing required under this Rule is not required for that fuel.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.66;
143-215.107(a)(5), (7), (10);
Eff. April 1, 1995;
Temporary Amendment Eff. August 1, 2001; November 1, 2000;
Amended Eff. June 1, 2008; July 18, 2002;
Temporary Amendment Eff. December 31, 2008.
15A NCAC 02D .1409 STATIONARY INTERNAL
COMBUSTION ENGINES
(a) This Rule applies geographically according to Rule .1402 of
this Section.
(b) The owner or operator of a stationary internal combustion
engine having a rated capacity of 650 horsepower or more that is
not covered under Paragraph (c) of this Rule or Rule .1418 of
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23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1217
this Section shall not allow emissions of NOx from the stationary internal combustion engine to exceed the following limitations:
MAXIMUM ALLOWABLE NOX EMISSION RATES FOR
STATIONARY INTERNAL COMBUSTION ENGINES
(GRAMS PER HORSEPOWER HOUR)
Engine Type Fuel Type Limitation
Rich-burn Gaseous 2.5
Lean-burn Gaseous 2.5
Compression Ignition Liquid 8.0
(c) Engines identified in the table in this Paragraph shall not exceed the emission limit in the table during the ozone season. season;
SUM OF MAXIMUM ALLOWABLE OZONE SEASON NOx EMISSIONS
(tons per ozone season)
FACILITY REGULATED
SOURCES
ALLOWABLE
EMISSIONS
2004
ALLOWABLE
EMISSIONS
2005
ALLOWABLE
EMISSIONS
2006 and later
Transcontinental Gas
Pipeline Station 150
Mainline engines #12,
13, 14, and 15
311
189
76
Transcontinental Gas
Pipeline Station 155
Mainline engines #2,
3, 4, 5, and 6
509
314
127
Transcontinental Gas
Pipeline Station 160
Mainline engines #11,
12, 13, 14, and 15
597
367
149
Compliance shall be determined by summing the actual
emissions from the engines listed in the table at each facility for
the ozone season and comparing those sums to the limits in the
table. Compliance may be achieved through trading under
Paragraph (g) of this Rule if the trades are approved before the
ozone season.
(d) If this Rule applies to a stationary internal combustion
engine pursuant to Rule .1402(d) of this Section, then, if after
reasonable effort as defined in Rule .1401 of this Section, the
emissions from that stationary internal combustion engine are
greater than the applicable limitation in Paragraph (b) of this
Rule,Rule after reasonable effort as defined in Rule .1401 of this
Section, or if the requirements of this Rule are not RACT for the
particular stationary internal combustion engine, the owner or
operator may petition the Director for an alternative limitation or
standard according to Rule .1412 of this Section.
(e) For the engines identified in Paragraph (c) of this Rule and
any engine involved in emissions trading with one or more of the
engines identified in Paragraph (c) of this Rule, the owner or
operator shall determine compliance using:
(1) a continuous emissions monitoring system
which meets the applicable requirements of
Appendices B and F of 40 CFR part 60 and
Rule .1404 of this Section; or
(2) an alternate monitoring and recordkeeping
procedure based on actual emissions testing
and correlation with operating parameters.
The installation, implementation, and use of this alternate
procedure allowed under Subparagraph (e)(2) of this Paragraph
shall be approved by the Director before it may be used. The
Director may approve the alternative procedure if he finds that it
can show the compliance status of the engine.
(f) If a stationary internal combustion engine is permitted to
operate more than 475 hours during the ozone season,
compliance with the limitation established for a stationary
internal combustion engine under Paragraph (b) of this Rule
shall be determined using annual source testing according to
Rule .1415 of this Section. If a source covered under this rule
can burn more than one fuel, then the owner or operator of the
source may choose not to burn one or more of these fuels during
the ozone season. If the owner or operator chooses not to burn a
particular fuel, the source testing required under this Rule is not
required for that fuel.
(g) If a stationary internal combustion engine is permitted to
operate no more than 475 hours during the ozone season, the
owner or operator of the stationary internal combustion engine
shall show compliance with the limitation under Paragraph (b) of
this Rule with source testing during the first ozone season of
operation according to Rule .1415 of this Section. Each year
after that, the owner or operator of the stationary internal
combustion engine shall comply with the annual tune-up
requirements of Rule .1414 of this Section.
(h) The owner or operator of a source covered under Paragraph
(c) of this Rule may offset part or all of the emissions of that
source by reducing the emissions of another stationary internal
combustion engine at that facility by an amount equal to or
greater than the emissions being offset. Only actual decreased
emissions that have not previously been relied on to comply with
Subchapter 02D or 02Q of this Title or Title 40 of the Code of
Federal Regulations may be used to offset the emissions of
another source. The person requesting the offset shall submit the
following information to the Director:
(1) identification of the source, including permit
number, providing the offset and what the new
allowable emission rate for the source will be;
(2) identification of the source, including permit
number, receiving the offset and what the new
allowable emission rate for the source will be;
(3) the amount of allowable emissions in tons per
ozone season being offset;
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23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1218
(4) a description of the monitoring, recordkeeping,
and reporting that shall be used to show
compliance; and
(5) documentation that the offset is an actual
decrease in emissions that has not previously
been relied on to comply with Subchapter 02D
or 02Q of this Title or Title 40 of the Code of
Federal Regulations.
The Director may approve the offset if he finds that all the
information required by this Paragraph has been submitted and
that the offset is an actual decrease in emissions that have not
previously been relied on to comply with Subchapter 02D or
02Q of this Title or Title 40 of the Code of Federal Regulations.
If the Director approves the offset, he shall put the new
allowable emission rates in the respective permits.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.66;
143-215.107(a)(5), (7), (10);
Eff. April 1, 1995;
Temporary Amendment Eff. August 1, 2001; November 1, 2000;
Amended Eff. June 1, 2008; June 1, 2004; July 18, 2002;
Temporary Amendment Eff. December 31, 2008.
15A NCAC 02D .1410 EMISSIONS AVERAGING
(a) This Rule shall not apply to sources covered under Rule
.1416, .1417, or .1418 of this Section. Sources that have
obtained an alternative limitation as provided by Rule .1412 of
this Section or that apply seasonal fuel switching as provided by
Rule .1411 of this Section are not eligible to participate in an
emissions averaging plan under this Rule.
(b) With the exceptions in Paragraph (a) of this Rule, the owner
or operator of a facility with two or more sources with
comparable plume rise and subject to the requirements of this
Section for all such sources as determined by Rule .1402 of this
Section may elect to apply an emissions averaging plan
according to Paragraph (c) of this Rule. An emissionemissions
averaging plan may be used if the total NOx emissions from the
averaged set of sources based on the total heat input are equal to
or less than the NOx emissions that would have occurred if each
source complied with the applicable limitation.
(c) To request approval of an emissions averaging plan to
comply with the requirements of this Section, the owner or
operator of a facility shall submit a written request to the
Director including the following information:
(1) the name and location of the facility;
(2) information identifying each source to be
included under the averaging plan;
(3) the maximum heat input rate for each source;
(4) the fuel or fuels combusted in each source;
(5) the maximum allowable NOx emission rate
proposed for each averaging source;
(6) a demonstration that the nitrogen oxide
emissions of the sources being averaged when
operated together at the maximum daily heat
input rate, will be less than or equal to the total
NOx emissions if each source complied with
the applicable limitation of this Section
individually;
(7) an operational plan to provide reasonable
assurance that the sources being averaged will
satisfy Subparagraph (5) of this Paragraph
when the combined maximum daily heat input
rate is less than the permitted maximum heat
input rate; and
(8) the method to be used to determine the actual
NOx emissions from each source.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65;
143-215.107(a)(5), (7), (10);
Eff. April 1, 1995;
Temporary Amendment Eff. August 1, 2001; November 1, 2000;
Amended Eff. July 18, 2002;
Temporary Amendment Eff. December 31, 2008(this amendment
replaces the amendment approved by RRC on May 15, 2008).
15A NCAC 02D .1411 SEASONAL FUEL SWITCHING
(a) This Rule shall not apply to sources covered under Rule
.1416, .1417, or .1418 of this Section.
(b) The owner or operator of a coal-fired or oil-fired boiler
subject to the requirements of Rule .1407 of this Section may
elect to comply by applying seasonal combustion of natural gas
according to Paragraph (c) of this Rule. This option is not
available to a boiler that used natural gas as its primary fuel in or
since 1990. Compliance with this Section according to this Rule
does not remove or reduce any applicable requirement of the
Acid Rain Program.
(c) The owner or operator electing to comply with the
requirements of this Section through the seasonal combustion of
natural gas shall establish a NOx emission limit beginning
October 1 and ending April 30 that will result in annual NOx
emissions of less than or equal to the NOx that would have been
emitted if the source complied with the applicable limitation for
the combustion of coal for the entire calendar year. Compliance
with this Section according to this Rule does not remove or
reduce any applicable requirement of the Acid Rain Program.
(d) To comply with the requirements of this Section through the
seasonal combustion of natural gas, the owner or operator shall
submit to the Director the following information:
(1) the name and location of the facility;
(2) information identifying the source to use
seasonal combustion of natural gas for
compliance;
(3) the maximum heat input rate for each source;
(4) a demonstration that the source will comply
with the applicable limitation for the
combustion of coal during the ozone season
(5) a demonstration that the source will comply
with the NOx emission limitation established
under Paragraph (c) of this Rule beginning
October 1 and ending April 30; and
(6) a written statement from the natural gas
supplier providing reasonable assurance that
the fuel will be available beginning during the
ozone season.
History Note: Authority G.S. 143-215.3(a)(1) 143-215.65;
143-215.107(a)(5), (7), (10);
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1219
Eff. 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 18, 2002;
Temporary Amendment Eff. December 31, 2008.
15A NCAC 02D .1416 EMISSION ALLOCATIONS FOR
UTILITY COMPANIES
(a) After November 1, 2000 but before the EPA promulgation of revisions to 40 CFR Part 51, Subpart G, revising the nitrogen oxide
budget for North Carolina, the following limits apply:
(1) Carolina Power and Light. The total emissions from all the coal-fired boilers and combustion turbines that are not
listed in Rule .1417 of this Section at Carolina Power and Light Company's Asheville, Cape Fear, Lee, Mayo,
Roxboro, Sutton, and Weatherspoon facilities shall not exceed:
(A) 12,019 tons per ozone season for 2004;
(B) 15,566 tons per ozone season for 2005;
(C) 14,355 tons per ozone season for 2006 and each year thereafter until revised according to Rule .1420 of this
Section; and
Furthermore, except as allowed under Paragraph (d) of this Rule, individual sources at these facilities named in the table in this
Subparagraph shall not exceed during the ozone season the nitrogen oxide emission allocations in the table.
FACILITY
SOURCE
EMISSION
ALLOCATIONS
(tons/ozone season)
2004
EMISSION
ALLOCATIONS
(tons/ozone season)
2005
EMISSION
ALLOCATIONS
(tons/ozone season)
2006 and later
Asheville, 1 551 714 659
Buncombe Co. 2 538 697 643
Cape Fear 5 286 371 342
Chatham Co 6 406 526 485
1 145 188 173
2 159 206 190
Lee
Wayne Co
3 465 603 556
Mayo
Person Co
1 1987 2572 2373
1 861 1115 1028
2 1602 2075 1914
3 1773 2295 2116
Roxboro
Person Co
4 1698 2199 2028
1 182 236 217
2 198 256 236
L V Sutton
New Hanover
Co. 3 806 1044 962
1 85 110 102
2 97 125 116
Weatherspoon
Robeson Co.
3 180 234 215
(2) Duke Power. The total emissions from all the coal-fired boilers and combustion turbines that are not listed in Rule
.1417 of this Section at Duke Power Company’s Allen, Belews Creek, Buck, Cliffside, Dan River, Marshall, and
Riverbend facilities shall not exceed:
(A) 17,816 tons per ozone season for 2004;
(B) 23,072 tons per ozone season for 2005;
(C) 21,278 tons per ozone season for .2006 and each year thereafter until revised according to Rule .1420 of
this Section; and
Furthermore, except as allowed under Paragraph (d) of this Rule, individual sources at these facilities named in the table in this
Subparagraph shall not exceed during the ozone season the nitrogen oxide emission allocations in the table.
FACILITY
SOURCE
EMISSION
ALLOCATIONS
(tons/ozone season)
2004
EMISSION
ALLOCATIONS
(tons/season)
2005
EMISSION
ALLOCATIONS
(tons/season)
2006 and later
G G Allen 1 350 453 418
Gaston Co. 2 355 460 424
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23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1220
FACILITY
SOURCE
EMISSION
ALLOCATIONS
(tons/ozone season)
2004
EMISSION
ALLOCATIONS
(tons/season)
2005
EMISSION
ALLOCATIONS
(tons/season)
2006 and later
3 590 764 705
4 528 683 630
5 678 748 690
Belews Creek 1 2591 3356 3095
Stokes Co. 2 3020 3911 3608
5 66 86 79
6 73 95 87
7 78 101 93
8 319 413 381
Buck
Rowan Co.
9 337 437 403
1 76 98 91
2 82 106 98
3 107 138 128
4 120 156 144
Cliffside
Cleveland and
Rutherford Co.
5 1326 1717 1584
1 132 171 157
2 144 186 172
Dan River
Rockingham Co.
3 304 394 363
1 1011 1309 1207
2 1056 1367 1261
3 1784 2311 2131
Marshall
Catawba Co.
4 1764 2285 2107
10 299 387 357
7 216 280 258
8 225 291 268
Riverbend
Gaston Co.
9 285 369 340
(b) After November 1, 2000, and after any EPA promulgation of revisions to 40 CFR Part 51, Subpart G, revising the nitrogen oxide
budget for North Carolina, the following limits apply:
(1) Carolina Power and Light. The total emissions from all the coal-fired boilers and combustion turbines that are not
listed in Rule .1417 of this Section at Carolina Power and Light Company's Asheville, Cape Fear, Lee, Mayo,
Roxboro, Sutton, and Weatherspoon facilities shall not exceed:
(A) 12,019 tons per ozone season in 2004;
(B) 15,024 tons per ozone season for 2005;
(C) 11,320 tons per ozone season for 2006 and each year thereafter until revised according to Rule .1420 of this
Section; and
Furthermore, except as allowed under Paragraph (d) of this Rule, individual sources at these facilities named in the table in this
Subparagraph shall not exceed during the ozone season the nitrogen oxide emission allocations in the table.
FACILITY
SOURCE
EMISSION
ALLOCATIONS
(tons/ozone season)
2004
EMISSION
ALLOCATIONS
(tons/ozone season)
2005
EMISSION
ALLOCATIONS
(tons/ozone season)
2006 and later
Asheville 1 551 689 519
Buncombe Co
2 538 672 507
Cape Fear 5 286 358 270
Chatham Co 6 406 508 382
1 145 182 137
2 159 199 150
Lee
Wayne Co.
3 465 582 438
Mayo
Person Co
1 1987 2483 1872
Roxboro 1 861 1076 811
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23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1221
FACILITY
SOURCE
EMISSION
ALLOCATIONS
(tons/ozone season)
2004
EMISSION
ALLOCATIONS
(tons/ozone season)
2005
EMISSION
ALLOCATIONS
(tons/ozone season)
2006 and later
2 1602 2003 1509
3 1773 2215 1669
Person Co
4 1698 2122 1599
1 182 228 171
2 198 247 186
L V Sutton
New Hanover Co.
3 806 1007 759
1 85 107 80
2 97 121 91
Weatherspoon
Robeson Co.
3 180 225 170
(2) Duke Power. The total emissions from all the coal-fired boilers and combustion turbines that are not listed in Rule
.1417 of this Section at Duke Power Company's Allen, Belews Creek, Buck, Cliffside, Dan River, Marshall, and
Riverbend facilities shall not exceed:
(A) 17,816 tons per ozone season;
(B) 22,270 tons per ozone season for 2005;
(C) 16,780 tons per ozone season for 2006 and each year thereafter until revised according to Rule .1420 of this
Section; and
Furthermore, except as allowed under Paragraph (d) of this Rule, individual sources at these facilities named in the table in this
Subparagraph shall not exceed during the ozone season the nitrogen oxide emission allocations in the table.
FACILITY
SOURCE
EMISSION
ALLOCATIONS
(tons/ozone season)
2004
EMISSION
ALLOCATIONS
(tons/ozone season)
2005
EMISSION
ALLOCATIONS
(tons/ozone season)
2006 and later
1 350 437 329
2 355 444 334
3 590 737 556
4 528 660 497
G G Allen
Gaston Co.
5 578 722 544
Belews Creek 1 2591 3239 2441
Stokes Co. 2 3020 3775 2846
5 66 83 63
6 73 91 69
7 78 97 73
8 319 399 300
Buck
Rowan Co.
9 337 422 318
1 76 95 71
2 82 102 77
3 107 134 101
4 120 150 113
Cliffside
Cleveland and
Rutherford Co.
5 1326 1658 1249
1 132 165 124
2 144 180 135
Dan River
Rockingham Co.
3 304 380 286
1 1011 1263 952
2 1056 1320 994
3 1784 2230 1680
Marshall
Catawba Co.
4 1764 2206 1662
10 299 374 282
7 216 270 204
8 225 281 212
Riverbend
Gaston Co.
9 285 356 268
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23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1222
(c) Posting of emission allocation. The Director shall post the emission allocations for sources covered under this Rule on the
Division’s web page.
(d) Trading. Sources shall comply with the requirements of this Rule using the nitrogen oxide budget trading program set out in Rule
.1419 of this Section.
(e) Monitoring. The owner or operator of a source subject to this Rule shall show compliance using a continuous emission monitor
that meets the requirements of 40 CFR Part 75, Subpart H, with such exceptions as allowed under 40 CFR Part 75, Subpart H or 40
CFR Part 96.
(f) Operation of control devices. All emission control devices and techniques installed to comply with this Rule shall be operated
during the ozone season in the manner in which they are designed and permitted to be operated.
(g) Days of violations. For the purposes of this Rule, the number of days of violation for a source shall be determined after the end of
the ozone season as follows:
(1) To the source's allocation in this Rule, the allocations acquired before December 1 of that year under Rule .1419 of
this Section are added and the allocations transferred before December 1 of that year under Rule .1419 of this
Section are subtracted.
(2) The value calculated under Subparagraph (1) of this Paragraph is compared to the actual emissions from the source
for the ozone season. If the value calculated under Subparagraph (1) of this Paragraph is greater than or equal to the
actual emissions from the source for the ozone season, the source is in compliance. If the value calculated under
Subparagraph (1) of this Paragraph is less than the actual emissions from the source for the ozone season, the source
is not in compliance.
(3) If the source is not in compliance, beginning with September 30, the actual emissions for that day and each
preceding day are subtracted from the actual emissions for the ozone season until the value calculated under
Subparagraph (1) of this Paragraph is greater than or equal to the actual emissions. Each day that the source operated
after this day to September 30 is a day of violation.
(h) Modification and reconstruction. The modification or reconstruction of a source covered under this Rule shall not make that
source a "new" source under this Rule. A source that is modified or reconstructed shall retain its emission allocations under Paragraph
(a) or (b) of this Rule.
(i) Additional controls. The Environmental Management Commission may specify through rulemaking a specific emission limit
lower than that established under this Rule for a specific source if compliance with the lower emission limit is required as part of the
State Implementation Plan to attain or maintain the ambient air quality standard for ozone.
History Note: Authority G.S. 143-215.3(a)(1);143-215.107(a)(5), (7), (10);
Temporary Adoption Eff. November 1, 2000;
Eff. April 1, 2001;
Temporary Amendment Eff. August 1, 2001;
Amended Eff. June 1, 2004; July 18, 2002;
Temporary Amendment Eff. December 31, 2008(this amendment replaces the repeal approved by RRC on May 15, 2008).
15A NCAC 02D .1417 EMISSION ALLOCATIONS FOR LARGE COMBUSTION SOURCES
(a) Applicability. This Rule applies to the sources listed in Paragraph (b) of this Rule or to the following types of sources that are
permitted before November 1, 2000, and are not covered under Rule .1416 of this Section:
(1) fossil fuel-fired stationary boilers, combustion turbines, or combined cycle systems serving a generator with a
nameplate capacity greater than 25 megawatts electrical and selling any amount of electricity; or
(2) fossil fuel-fired stationary boilers, combustion turbines, or combined cycle systems having a maximum design heat
input greater than 250 million Btu per hour that are not covered under Subparagraph (1) of this Paragraph.
(b) Initial emission allocations.
(1) After November 1, 2000 but before the EPA promulgation of revisions to 40 CFR Part 51, Subpart G, revising the
nitrogen oxide budget for North Carolina, the emission allocations in the tables in this Subparagraph shall apply.
Except as allowed under Paragraph (d) of this Rule, sources named in the tables in this Subparagraph shall not
exceed during the ozone season the nitrogen oxide (NOx) emission allocations in the tables until revised according to
Rule .1420 of this Section:
ELECTRICAL GENERATING UNITS
FACILITY SOURCE NOX
EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2004
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season) 2005
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season) 2006 and
later
TEMPORARY RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1223
FACILITY SOURCE NOX
EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2004
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season) 2005
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season) 2006 and
later
Combustion
Turbine 1
27
33
49
Combustion
Turbine 2
27
33
49
Combustion
Turbine 3
27
33
49
Combustion
Turbine 6
28
35
52
Combustion
Turbine 7
27
33
49
Combustion
Turbine 8
27
33
49
Combustion
Turbine 4
34
43
63
Public Works
Commission - Butler
Warner
Generating,Generation
Plant, Cumberland Co.
Combustion
Turbine 5
35
43
63
Cogentrix-Rocky
Mount,Edgecombe
GenCo, Edgecombe
Co.
Boiler ST unt
319
398
351
Cogentrix-
Elizabethtown,
Elizabethtown Power,
Bladen Co.
Coal boiler
ST-own
115
143
126
Cogentrix-Kenansville,
Coastal Carolina Clean
Power, LLC, Duplin
Co.
Stoker boiler
ST-LLE
103
128
113
Cogentrix-Lumberton,
Lumberton Power,
Robeson Co.
Coal boiler
ST-TON
114
142
125
Cogentrix-Roxboro,
Primary Energy,
Roxboro, Person Co.
ST-ORO
175
218
192
Cogentrix-Southport,
Primary Energy,
Southport, Brunswick
Co.
ST-ORT
356
443
391
Combustion
Turbine 1
18
23
23
Combustion
Turbine 2
18
23
23
Combustion
Turbine 3
18
23
23
Combustion
Turbine 4
18
23
23
Combustion
Turbine 5
18
23
23
Combustion
Turbine 6
18
23
23
Duke Power, Lincoln
Combustion
Turbine 7
18
23
23
TEMPORARY RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1224
FACILITY SOURCE NOX
EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2004
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season) 2005
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season) 2006 and
later
Combustion
Turbine 8
18
23
23
Combustion
Turbine 9
18
23
23
Combustion
Turbine 10
18
23
23
Combustion
Turbine 11
18
23
23
Combustion
Turbine 12
18
23
23
Combustion
Turbine 13
18
23
23
Combustion
Turbine 14
18
23
23
Combustion
Turbine 15
18
23
23
Combustion
Turbine 16
19
24
24
CT-ary
35
43
32
Panda-
Rosemary,Rosemary
Power Station,
Halifax Co.
CW-ary
25
31
23
1
447
557
492
Roanoke Valley,
Westmoreland LG&E
Partners Roanoke
Valley,
Halifax Co.
2
142
178
167
Boiler 1
194
243
64
Boiler 2
218
273
64
Boiler 3
178
223
64
RJ Reynolds
Tobbaccoville Facility,
Forsyth Co.
Boiler 4
190
238
64
Boiler no. 5, 6,
and 7
116
145
128
UNC-CH, Orange Co.
Boiler no. 8
120
150
113
Combustion
Turbine 10
25
31
31
Combustion
Turbine 11
25
31
31
Combustion
Turbine 12
92
115
115
CP&L, Carolina Power
and Light, Lee Plant,
Wayne County
Combustion
Turbine 13
92
115
115
Dynegy,Dynegy-
Rockingham Power,
Combustion
Turbine 1
34
42
42
TEMPORARY RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1225
FACILITY SOURCE NOX
EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2004
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season) 2005
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season) 2006 and
later
Combustion
Turbine 2
33
42
42
Combustion
Turbine 3
33
42
42
Combustion
Turbine 4
33
41
41
Rockingham County
Combustion
Turbine 5
33
41
41
Combustion
Turbine 1
22
27
27
Combustion
Turbine 2
22
27
27
Combustion
Turbine 3
22
27
27
Combustion
Turbine 4
21
27
27
CP&L,Southern Power
Company, Plant Rowan
County, Woodleaf,
Rowan County
Combustion
Turbine 5
22
27
27
Combustion
Turbine 1
22
27
27
Combustion
Turbine 2
22
27
27
Combustion
Turbine 3
22
27
27
Combustion
Turbine 4
22
27
27
Combustion
Turbine 5
21
27
27
Combustion
Turbine 6
21
27
27
CP&L, Carolina Power
and Light, Mark’s
Creek, Richmond
County
Combustion
Turbine 7
22
28
28
Combustion
Turbine
60
75
75
CP&L, Carolina Power
and Light, Asheville,
Buncombe County
Combustion
Turbine
60
75
75
NON-ELECTRICAL GENERATING UNITS
FACILITY
SOURCE
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2004
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2005
NOX
EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2006 and later
Weyerhaeuser Paper Riley boiler 566 709 379
Co.,Domtar Paper Co.,
Martin Co.
Package
boiler
20 25 25
TEMPORARY RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1226
FACILITY
SOURCE
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2004
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2005
NOX
EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2006 and later
Pulverized
coal dry
bottom boiler
– Big Bill
212 265 141
Pulverized
coal dry
bottom boiler
– Peter G
187 234 125
Pulverized
coal dry
bottom boiler
– Riley Coal
358 447 239
Pulverized
coal, wet
bottom boiler
– No. 4
365 456 244
Blue Ridge Paper
Products, Haywood Co.
Boiler – Riley
Bark
135 169 90
International Paper
Corp.,Kapstone Kraft
Paper Corp., Halifax Co.
Wood/ bark,
no. 6 oil,
pulverized
coal dry
bottom boiler
518 648 346
#1 power
boiler
Weyerhaeuser Co. New 181 226 121
Bern Mill, Craven Co.
#2 power
boiler
58 72 72
No. 3 Power
Boiler
126 158 84
International. Paper,
Columbus Co. No. 4 Power
Boiler
334 418 223
Fieldcrest-Cannon, Plant
1 Cabarrus Co.
Boiler 174 217 116
(2) After November 1, 2000, and after any EPA promulgation of revisions to 40 CFR Part 51, Subpart G, revising the
nitrogen oxide budget for North Carolina, the emission allocations in the tables in this Subparagraph shall apply.
Except as allowed under Paragraph (d) of this Rule, sources named in the tables in this Subparagraph shall not
exceed during the ozone season the nitrogen oxide (NOx) emission allocations in the tables until revised according to
Rule .1420 of this Section:
ELECTRIC GENERATING UNITS
FACILITY
SOURCE
NOX
EMISSION
ALLOCA-TIONS
(tons/ozone
season) 2004
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2005
NOX
EMISSIONS
ALLOCA-TIONS
(tons/ozone
season)
2006 and later
Public Works
Commission - Butler
Combustion
Turbine 1
27 33 49
TEMPORARY RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1227
FACILITY
SOURCE
NOX
EMISSION
ALLOCA-TIONS
(tons/ozone
season) 2004
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2005
NOX
EMISSIONS
ALLOCA-TIONS
(tons/ozone
season)
2006 and later
Combustion
Turbine 2
27 33 49
Combustion
Turbine 3
27 33 49
Combustion
Turbine 6
28 35 52
Combustion
Turbine 7
27 33 49
Combustion
Turbine 8
27 33 49
Combustion
Turbine 4
34 43 63
Warner
Generating,Generation
Plant, Cumberland
Co.
Combustion
Turbine 5
35 43 63
Cogentrix-Rocky
Mount, Edgecombe
GenCo, LLC,
Edgecombe Co.
Boiler ST-unt 319 398 351
Cogentrix-
Elizabethtown,
Elizabethtown Power,
LLC, Bladen Co,
Coal boiler ST-OWN
115 143 126
Cogentrix-
Kenansville,Coastal
Carolina Clean Power,
LLC, Duplin Co.
Stoker boiler
ST-LLE
103 128 113
Cogentrix-Lumberton,
Lumberton Power,
Robeson Co.
Coal boiler ST-TON
114 142 125
Cogentrix-Roxboro,
Primary Energy,
Roxboro, Person Co.
ST-ORO 175 218 192
Cogentrix-Southport,
Primary Energy,
Southport, Brunswick
Co.
ST-ORT 356 444 392
Combustion
Turbine 1
18 23 26
Combustion
Turbine 2
18 23 26
Combustion
Turbine 3
18 23 26
Combustion
Turbine 4
18 23 26
Combustion
Turbine 5
18 23 26
Combustion
Turbine 6
18 23 26
Duke Power, Lincoln
Combustion
Turbine 7
18 23 26
TEMPORARY RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1228
FACILITY
SOURCE
NOX
EMISSION
ALLOCA-TIONS
(tons/ozone
season) 2004
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2005
NOX
EMISSIONS
ALLOCA-TIONS
(tons/ozone
season)
2006 and later
Combustion
Turbine 8
18 23 26
Combustion
Turbine 9
18 23 26
Combustion
Turbine 10
18 23 26
Combustion
Turbine 11
18 23 26
Combustion
Turbine 12
18 23 26
Combustion
Turbine 13
18 23 26
Combustion
Turbine 14
18 23 26
Combustion
Turbine 15
18 23 26
Combustion
Turbine 16
19 24 27
Panda-Rosemary, CT-ary 35 43 32
Rosemary Power
Station, Halifax Co.
CW-ary 25 31 23
Roanoke Valley, 1 447 558 493
Westmoreland LG&E
Partners Roanoke
Valley, Halifax Co.
2 142 178 167
Boiler 1 194 243 64
Boiler 2 218 273 64
Boiler 3 178 223 64
RJ Reynolds
Tobbaccoville
Facility, Forsyth Co. Boiler 4 190 238 64
Boiler no. 5, 6,
and 7
116 145 128
UNC-CH, Orange Co. Boiler no. 8 120 150 113
Combustion
Turbine 10
25 31 31
Combustion
Turbine 11
25 31 31
Combustion
Turbine 12
92 115 115
CP&L, Carolina
Power and Light, Lee
Plant, Wayne County
Combustion
Turbine 13
92 115 115
Combustion
Turbine 1
34 42 42
Combustion
Turbine 2
33 42 42
Combustion
Turbine 3
33 42 42
Combustion
Turbine 4
33 41 41
Dynegy, Dynegy-
Rockingham Power,
Rockingham County
Combustion
Turbine 5
33 41 41
TEMPORARY RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1229
FACILITY
SOURCE
NOX
EMISSION
ALLOCA-TIONS
(tons/ozone
season) 2004
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2005
NOX
EMISSIONS
ALLOCA-TIONS
(tons/ozone
season)
2006 and later
Combustion
Turbine 1
22 27 27
Combustion
Turbine 2
22 27 27
Combustion
Turbine 3
22 27 27
Combustion
Turbine 4
21 27 27
CP&L, Southern
Power Company,
Plant Rowan County,
Woodleaf, Rowan
County
Combustion
Turbine 5
22 28 28
Combustion
Turbine 1
22 27 27
Combustion
Turbine 2
22 27 27
Combustion
Turbine 3
22 27 27
Combustion
Turbine 4
22 27 27
Combustion
Turbine 5
21 27 27
Combustion
Turbine 6
21 27 27
CP&L, Carolina
Power and Light,
Mark’s Creek,
Richmond County
Combustion
Turbine 7
22 28 28
Combustion
Turbine
CP&L, Carolina 60 75 75
Power and Light,
Asheville, Buncombe
County
Combustion
Turbine
60 75 75
NON-ELECTRIC GENERATING UNITS
FACILITY
SOURCE
NOX
EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2004
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2005
NOX
EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2006 and later
Weyerhaeuser Paper Riley boiler 566 708 379
CompanyDomtar
Paper Co., Martin
Co.
Package boiler 20 25 25
Pulverized coal
dry bottom
boiler – Big Bill
212 265 141
Pulverized coal
dry bottom
boiler – Peter G
187 234 125
Blue Ridge Paper
Products, Haywood
Co.
Pulverized coal
dry bottom
boiler – Riley
Coal
358 447 239
TEMPORARY RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1230
FACILITY
SOURCE
NOX
EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2004
NOX EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2005
NOX
EMISSION
ALLOCA-TIONS
(tons/ozone
season)
2006 and later
Pulverized coal,
wet bottom
boiler – No. 4
365 456 244
boiler–Riley
Bark
135 169 90
International Paper
Corp.,Kapstone
Kraft Paper Corp.,
Halifax Co.
Wood/bark, no.
6 oil, pulverized
coal dry bottom
boiler
518 648 346
Weyerhaeuser Co. #1 power boiler 181 226 121
New Bern Mill,
Craven Co.
#2 power boiler 58 72 72
No. 3 Power
Boiler
International. Paper, 126 158 84
Columbus Co.
No. 4 Power
Boiler
334 418 223
Fieldcrest-Cannon,
Plant 1, Cabarrus Co.
Boiler 174 217 116
(3) Any source covered under this Rule but not
listed in Subparagraph (b)(1) or (2) of this
Paragraph shall have a nitrogen oxide emission
allocation of zero tons per season during the
ozone season.
(c) Posting of emission allocations. The Director shall post the
emission allocations for sources covered under this Rule on the
Division’s web page.
(d) Trading. Sources shall comply with the requirements of this
Rule using the nitrogen oxide budget trading program set out in
Rule .1419 of this Section.
(e) Monitoring. The owner or operator of a source subject to this
Rule shall show compliance using a continuous emission
monitor that meets the requirements of Rule .1404(d) of this
Section.
(f) Operation of control devices. All emission control devices
and techniques installed to comply with this Rule shall be
operated beginning May 1 through September 30 in the manner
in which they are designed and permitted to be operated.
(g) Days of violations. For the purposes of this Rule, the
number of days of violation for a source shall be determined
after the end of the ozone season as follows:
(1) To the source's allocation in this Rule, the
allocations acquired before December 1 of that
year under Rule .1419 of this Section are
added and the allocations transferred before
December 1 of that year under Rule .1419 of
this Section are subtracted.
(2) The value calculated under Subparagraph (1)
of this Paragraph is compared to the actual
emissions from the source for the ozone
season. If the value calculated under
Subparagraph (1) of this Paragraph is greater
than or equal to the actual emissions from the
source for the ozone season, the source is in
compliance. If the value calculated under
Subparagraph (1) of this Paragraph is less than
the actual emissions from the source for the
ozone season, the source is not in compliance.
(3) If the source is not in compliance, beginning
with September 30, the actual emissions for
that day and each preceding day are subtracted
from the actual emissions for the ozone season
until the value calculated under Subparagraph
(1) of this Paragraph is greater than or equal to
the actual emissions. Each day that the source
operated after this day to September 30 is a
day of violation.
(h) Modification and reconstruction, replacement, retirement, or
change of ownership. The modification or reconstruction of a
source covered under this Rule shall not make that source a
"new" source under this Rule. A source that is modified or
reconstructed shall retain its emission allocation under Paragraph
(b) of this Rule. If one or more sources covered under this Rule
is replaced, the new source shall receive the allocation of the
source, or sources, that it replaced instead of an allocation under
Rule .1421 of this Section. If the owner of a source changes, the
emission allocations under this Rule and revised emission
allocations made under Rule .1420 of this Section shall remain
with the source. If a source is retired, the owner or operator of
the source shall follow the procedures in 40 CFR 96.5. The
allocations of a retired source shall remain with the owner or
operator of the retired source until a reallocation occurs under
TEMPORARY RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1231
Rule .1420 of this Section when the allocation shall be removed
and given to other sources if the retired source is still retired.
(i) Additional controls. The Environmental Management
Commission may specify through rulemaking a specific
emission limit lower than that established under this Rule for a
specific source if compliance with the lower emission limit is
required as part of the State Implementation Plan to attain or
maintain the ambient air quality standard for ozone.
History Note: Authority G.S. 143-215.3(a)(1);143-
215.107(a)(5), (7), (10);
Temporary Adoption Eff. November 1, 2000;
Temporary Adoption Eff. August 1, 2001;
Eff. July 18, 2002;
Amended Eff. June 1, 2004;
Temporary Amendment Eff. December 31, 2008(this amendment
replaces the repeal approved by RRC on May 15, 2008).
15A NCAC 02D .1418 NEW ELECTRIC GENERATING
UNITS, LARGE BOILERS, AND LARGE I/C ENGINES
(a) Electric generating units. Emissions of nitrogen oxides from
any fossil fuel-fired stationary boiler, combustion turbine, or
combined cycle system permitted after October 31, 2000,
serving a generator with a nameplate capacity greater than 25
megawatts electrical and selling any amount of electricity shall
not exceed:
(1) 0.15 pounds per million Btu for gaseous and
solid fuels and 0.18 pounds per million Btu for
liquid fuels if it is not covered under Rule
.0530 (prevention of significant deterioration)
or .0531 (nonattainment area major new
source review) of this Subchapter;
(2) 0.15 pounds per million Btu for gaseous and
solid fuels and 0.18 pounds per million Btu for
liquid fuels or best available control
technology requirements of Rule .0530 of this
Subchapter, whichever requires the greater
degree of reduction, if it is covered under Rule
.0530 of this Subchapter; or
(3) lowest availableachievable emission rate
technology requirements of Rule .0531 of this
Subchapter if it is covered under Rule .0531 of
this Subchapter.
(b) Large boilers. Emissions of nitrogen oxides from any fossil
fuel-fired stationary boiler, combustion turbine, or combined
cycle system having a maximum design heat input greater than
250 million Btu per hour which is permitted after October 31,
2000, and not covered under Paragraph (a) of this Rule, shall not
exceed:
(1) 0.17 pounds per million Btu for gaseous and
solid fuels and 0.18 pounds per million Btu for
liquid fuels if it is not covered under Rule
.0530 (prevention of significant deterioration)
or .0531 (nonattainment area major new
source review) of this Subchapter;
(2) 0.17 pounds per million Btu for gaseous and
solid fuels and 0.18 pounds per million Btu for
liquid fuels or best available control
technology requirements of Rule .0530 of this
Subchapter, whichever requires the greater
degree of reduction, if it is covered under Rule
.0530 of this Subchapter; or
(3) lowest availableachievable emission rate
technology requirements of Rule .0531 of this
Subchapter if it is covered under Rule .0531 of
this Subchapter.
(c) Internal combustion engines. The following reciprocating
internal combustion engines permitted after October 31, 2000,
shall comply with the applicable requirements in Rule .1423 of
this Section if the engine is not covered under Rule .0530
(prevention of significant deterioration) or .0531 (nonattainment
area major source review) of this Subchapter:
(1) rich burn stationary internal combustion
engines rated at equal to or greater than 2,400
brake horsepower,
(2) lean burn stationary internal combustion
engines rated at equal to or greater than 2,400
brake horsepower,
(3) diesel stationary internal combustion engines
rated at equal to or greater than 3,000 brake
horsepower, or
(4) dual fuel stationary internal combustion
engines rated at equal or to greater than 4,400
brake horsepower,
If the engine is covered under Rule .0530 of this Subchapter, it
shall comply with the requirements of Rule .1423 of this Section
or the best available control technology requirements of Rule
.0530 of this Subchapter, whichever requires the greater degree
of reduction. If the engine is covered under Rule .0531 of this
Subchapter, it shall comply with lowest availableachievable
emission rate technology requirements of Rule .0531 of this
Subchapter.
(d) Monitoring. The owner or operator of a source subject to
this Rule except internal combustion engines shall show
compliance using a continuous emission monitor that meets the
requirements of Rule .1404(d) of this Section. Internal
combustion engines shall comply with the monitoring
requirements in Rule .1423 of this Section. Monitors shall be
installed before the first ozone season in which the source will
operate and shall be operated each day during the ozone season
that the source operates.
(e) Offsets. If emission allocations are not granted under Rule
.1421 of this Section or are not equal to or greater than the
emissions of nitrogen oxides of the source for that ozone season,
until revised under Rule .1420 of this Section, the owner or
operator of the source shall acquire emission allocations of
nitrogen oxides under Rule .1419 of this Section from other
sources sufficient to offset its emissions. Sources shall comply
with the requirements of this Rule using the nitrogen oxide
budget trading program set out in Rule .1419 of this Section. The
owner or operator of internal combustion engines covered under
Paragraph (c) of this Rule shall not be required to obtain
emission allocations or emission reductions.
History Note: Authority G.S. 143-215.3(a)(1);143-
215.107(a)(5), (7), (10);
Temporary Adoption Eff. August 1, 2001; November 1, 2000;
Eff. July 18, 2002;
TEMPORARY RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1232
Amended Eff. June 1, 2004;
Temporary Amendment Eff. December 31, 2008(this amendment
replaces the amendment approved by RRC on May 15, 2008).
15A NCAC 02D .1419 NITROGEN OXIDE BUDGET
TRADING PROGRAM
(a) Definitions. For the purposes of this Rule, the definitions in
40 CFR 96.2 shall apply except that:
(1) "Permitting agency" means the North Carolina
Division of Air Quality.
(2) "Fossil fuel fired" means fossil fuel fired as
defined under Rule .1401 of this Section
instead of the definition in 40 CFR 96.2.
(b) Existing sources. Sources covered under Rule .1416 or .1417
of this Section shall comply with the requirements of Rule .1416
or .1417 of this Section using the procedures of and complying
with the requirements of 40 CFR Part 96, Nitrogen Oxide
Budget Trading Program for State Implementation Plans, with
the following exceptions:
(1) Permit applications shall be submitted
following the procedures and schedules in this
Section and in Subchapter 2Q02Q of this Title
instead of the procedures and schedules in 40
CFR Part 96; and
(2) The dates and schedules for monitoring
systems in 40 CFR Part 96 shall not apply;
however, if a source operates during the ozone
season, it shall have installed and begun
operating by May 1, 2004, a continuous
emissions monitoring system that complies
with 40 CFR Part 96.
(c) New sources. Except for internal combustion engines,
sources covered under Rule .1418 of this Section shall comply
with the requirements of Rule .1418 of this Section using the
procedures of and complying with the requirements of 40 CFR
Part 96, Budget Trading Program for State Implementation
Plans, with the following exceptions:
(1) Permit applications shall be submitted
following the procedures and schedules in this
Section and in Subchapter 2Q02Q of this Title
instead of the procedures and schedules in 40
CFR Part 96; and
(2) The dates and schedules for monitoring
systems in 40 CFR Part 96 shall not apply;
however, a source shall not operate during the
ozone season until it has installed and is
operating a continuous emissions monitoring
system that complies with 40 CFR Part 96.
(d) Opt-in provisions. Boilers, turbines, and combined cycle
systems not covered under Rule .1416, .1417, or .1418 of this
Section or internal combustion engines may opt into the budget
trading program of 40 CFR Part 96 by following the procedures
and requirements of 40 CFR Part 96, Subpart I, including using
continuous emission monitors that meet the requirements of 40
CFR Part 75, Subpart H. Before an internal combustion engine
opts into the budget trading program, the owner or operator of
the engine shall demonstrate that the continuous emissions
monitor on the engine can comply with the requirements of 40
CFR Part 75, Subpart H, by operating the monitor on the engine
under the conditions specified in 40 CFR Part 75 for at least one
ozone season before opting into the budget trading program.
(e) Divisional requirements. The Director and the Division of
Air Quality shall follow the procedures of 40 CFR Part 96 in
reviewing permit applications and issuing permits for NOx
Budget sources, in approving or disapproving monitoring
systems for NOx Budget sources, and in taking enforcement
action against NOx Budget sources. The Director may issue
permits after May 1, 2003, for sources covered under this
Section that are participating in the nitrogen oxide budget
trading program under this Section. The provisions of 40 CFR
Part 96 pertaining to early reduction credits shall not apply.
(f) Submitting emissionemissions allocations to the EPA. For
sources covered under Rule .1416, .1417, or .1418, the Director
shall submit to the Administrator of the Environmental
Protection Agency NOx emissionemissions allocations according
to 40 CFR Part 96. The Environmental Management
Commission and the Director shall follow Rules .1416, .1417,
and .1420 for emissionemissions allocations instead of the
methodology specified in 40 CFR Part 96. The Environmental
Management Commission and the Director shall follow, Rule
.1421 of this Section for set-asides and new source allocations
instead of the provisions of 40 CFR Part 96. The Environmental
Management Commission and the Director shall follow Rule
.1422 of this Section for distributing the compliance supplement
pool instead of the provisions of 40 CFR Part 96.
(g) EPA to administer. The United States Environmental
Protection Agency (EPA) shall administer the budget trading
program of 40 CFR Part 96 on behalf of North Carolina. The
Director shall provide the EPA the information necessary under
40 CFR Part 96 for the EPA to administer 40 CFR Part 96 on
behalf of North Carolina. The owner or operator of each source
covered under Rule .1416, .1417, or .1418, except internal
combustion engines, of this Section shall establish an account,
designate an authorized account representative, and comply with
the other requirements of 40 CFR Part 96 as necessary for the
EPA to administer the nitrogen oxide budget trading program on
behalf of North Carolina.
(h) Restrictions on trading. NOx emissionemissions allocations
obtained under this Rule shall not be used to meet the emission
limits for a source if compliance with that emission limit is
required as part of the State Implementation Plan to attain or
maintain the ambient air quality ozone standard. Sources
covered under Rule .0531 (nonattainment area major new source
review) of this Subchapter shall not use the nitrogen oxide
budget trading program to comply with Rule .0531 of this
Subchapter.
History Note: Authority G.S. 143-215.3(a)(1);143-215.65;
143-215.66; 143- 215.107(a)(5), (7), (10);
Temporary Adoption Eff. November 1, 2000;
Temporary Adoption Eff. August 1, 2001;
Eff. July 18, 2002;
Amended Eff. June 1, 2004;
Temporary Amendment Eff. December 31, 2008(this amendment
replaces the repeal approved by RRC on May 15, 2008).
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23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1233
15A NCAC 02D .1420 PERIODIC REVIEW AND
REALLOCATIONS
(a) Periodic Review. In 20062009 and every five years
thereafter, the Environmental Management Commission shall
review the emission allocations of sources covered under Rules
.1416, .1417, or .1418 of this Section and decide if any revisions
are needed. In making this decision the Environmental
Management Commission shall consider the following:
(1) the size of the allocation pool for new source
growth under Rule .1421 of this Section;
(2) the amount of emissions allocations requested
under Rule .1421 of this Section;
(3) the amount of emissions allocations available
through nitrogen oxide budget trading
program;
(4) the impact of reallocation on existing sources;
(5) the impact of reallocations on sources covered
under Rule .1421 of this Section;
(6) impact on future growth; and
(7) other relevant information on the impacts of
reallocation.
(b) If the Environmental Management Commission decides to
revise emission allocations, it shall propose for each source that
has been permitted for and has complied with an emission rate of
0.10 pounds per million Btu or less, emission allocations greater
than or equal to the greater of:
(1) the source's current allocation, or
(2) an allocation calculated by multiplying the
average of the source’s two highest seasonal
energy inputs for the four most recent years by
0.15 pounds per million Btu and dividing by
2000.
(c) Posting of emission allocations. The Director shall post the
new emission allocations once they are adopted on the
Division’s web page.
History Note: Authority G.S. 143-215.3(a)(1);143-215.65;
143-215.66; 143-215.107(a)(5), (7), (10);
Temporary Adoption Eff. November 1, 2000;
Temporary Adoption Eff. August 1, 2001;
Eff. July 18, 2002;
Temporary Amendment Eff. December 31, 2008(this amendment
replaces the repeal approved by RRC on May 15, 2008).
15A NCAC 02D .1421 ALLOCATIONS FOR NEW
GROWTH OF MAJOR POINT SOURCES
(a) Purpose. The purpose of this Rule is to establish an allocation
pool from which emission allocations of nitrogen oxides may be
allocated to sources permitted after October 31, 2000.
(b) Eligibility. This Rule applies only to the following types of
sources covered under Rule .1418 of this Section, and permitted
after October 31, 2000:
(1) fossil fuel-fired stationary boilers, combustion
turbines, or combined cycle systems serving a
generator with a nameplate capacity greater
than 25 megawatts electrical and selling any
amount of electricity; or
(2) fossil fuel-fired stationary boilers, combustion
turbines, or combined cycle systems having a
maximum design heat input greater than 250
million Btu per hour that are not covered
under Subparagraph (1) of this Paragraph;
(c) Requesting allocation. To receive emission allocations under
this Rule, the owner or operator of the source shall provide the
following written documentation to the Director before January
1 of the year preceding the ozone season for which the emission
allocation is sought:
(1) a description of the combustion source or
sources including heat input;
(2) evidence that the source complies with the
emission limit under Rule .1418 of this
Section;
(3) an estimate of the actual emissions of nitrogen
oxides in tons per ozone season;
(4) the expected hours of operation during the
ozone season;
(5) the date on which the source is expected to
begin operating if it is not already operating;
(6) the tons per ozone season of emission
allocations being requested (the amount
requested shall be the lesser of the estimated
actual emissions under Subparagraph (3) of
this Paragraph or the product of the emission
limit under Rule .1418 of this Section times
the maximum design heat input in millions of
Btu per hour times the number of hours that
the source is projected to operate (not to
exceed 3672 hours) divided by 2000); and
(7) a description of the monitoring, recordkeeping,
and reporting plan that will assure continued
compliance.
(d) Approving requests. The Director shall approve a request for
emissions allocation if he finds that:
(1) All the information and documentation
required under Paragraph (c) of this Rule has
been submitted;
(2) The request was received before January 1;
(3) The source is eligible for emission allocations
under this Rule;
(4) The source complies with Rule .1418 of this
Section;
(5) The requested emission allocations do not
exceed the estimated actual emissions of
nitrogen oxides;
(6) The source has or is likely to have an air
quality permit before the end of the upcoming
ozone season; and
(7) The source is operating or is scheduled to
begin operating before the end of the
upcoming ozone season.
(e) Preliminary allocations. By March 1 before each ozone
season, the Director shall have calculated and posted on the
Division's web page preliminary emission allocations for sources
whose requests under this Rule he has approved. Preliminary
emission allocations shall be determined as follows:
(1) If the emission allocations requested do not
exceed the amount in the pool, each source
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23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1234
shall have a preliminary allocation equal to its
request.
(2) If the emission allocations requested exceed
the amount in the pool, each source's emission
allocations shall be calculated as follows:
(A) For each source, its maximum design
heat input in millions of Btu per hour
is multiplied by the number of hours
that the source is projected to operate
not to exceed 3672 hours; this
product is the source’s seasonal heat
input;
(B) The seasonal heat inputs calculated
under Part (A) of this Subparagraph
are summed.
(C) For each source, its seasonal heat
input calculated under Part (A) of this
Subparagraph is multiplied by the
tons of emission allocations in the
allocation pool and divided by the
sum of seasonal heat inputs
calculated under Part (B) of this
Subparagraph; this amount is the
source’s preliminary emission
allocations.
The preliminary emission allocations computed under this
Paragraph may be revised under Paragraph (f) of this Rule after
the ozone season. Emissions allocations issued under this
Paragraph are solely for planning purposes and are not reported
to the EPA to be recorded in allowance tracking system account.
The emission allocations granted under Paragraph (f) of this
Rule shall be the emission allocations granted the source to
offset its emissions.
(f) Final allocations. According to Paragraph (g) of this Rule,
the Director shall grant emission allocations for each source for
which he has approved an allocation from the allocation pool as
follows:
(1) For each individual source, its allowable
emission rate under Rule .1418 of this Section
is multiplied by its heat input during the ozone
season. This product is divided by 2000.
(2) The lesser of the source’s actual emissions of
nitrogen oxides, the value calculated under
Subparagraph (1) of this Paragraph, or the
preliminary emission allocations determined
under Paragraph (e) of this Rule shall be the
source’s emission allocation from the
allocation pool.
Emissions allocations granted under this Paragraph are reported
to the EPA to be recorded in allowance tracking system account.
(g) Issuance of final allocations. By November 1 following each
ozone season, the Director shall issue final allocations according
to Paragraph (f) of this Rule and shall notify each source that
receives an allocation of the amount of allocation that it has been
granted. By November 1 following the ozone season, the
Director shall also notify the EPA of allocations issued and to
whom they have been issued and the amount issued to each
source. The Director shall post the final allocations on the
Division’s web page.
(h) Allocation pool.
(1) Before the EPA promulgation of revisions
after November 1, 2000, to 40 CFR Part 51,
Subpart G, revising the nitrogen oxide budget
for North Carolina, the allocation pool shall
contain the following:
(A) in 2004, 122 tons,
(B) in 2005, 599 tons plus emission
allocations carried over from the
previous year;
(C) in 2006, 505 tons plus emission
allocations carried over from the
previous year; and
(D) in 2007, 1,058 tons plus emission
allocations carried over from the
previous year.
(2) After the EPA promulgates revisions after
November 1, 2000, to 40 CFR Part 51, Subpart
G, revising the nitrogen oxide budget for
North Carolina, the allocation pool shall
contain the following:
(A) in 2004, 122 tons,
(B) in 2005, 78 tons plus emission
allocations carried over from the
previous year;
(C) in 2006, 1117 tons plus emission
allocations carried over from the
previous year; and
(D) in 2007, in 2007 and each year
thereafter through 2009, 1670 tons
plus emission allocations carried over
from the previous year.
(i) Changes in the allocation pool. By July 1, 2006,June 28,
2009, the Commission shall begin to develop and adopt through
rulemaking allocations for 20082010 and later years.
(j) Carryover. Emission allocations remaining in the allocation
pool at the end of the year shall be carried over into the next year
for use during the next ozone season.
(k) Future requests. Once the owner or operator of a source has
made a request under this Rule for emission allocations from the
allocation pool, he does not have to request emission allocations
under this Rule in future years. The request shall automatically
be included in following years as long as the source remains
eligible for emission allocations under this Rule.
(l) Loss of eligibility. Once a source receives emission
allocations under Rule .1420 of this Section, it shall no longer be
eligible for emission allocations under this Rule.
(m) Use of allocation. Allocations granted under this rule apply
only to the ozone season immediately preceding the issuance of
final allocations under Paragraph (g) of this Rule. Allocations
issued under Paragraph (g) of this Rule for use in one year do
not carry forward into any following ozone season. Allocations
granted under this Rule shall be calculated for each ozone
season.
History Note: Authority G.S. 143-215.3(a)(1);143-215.65;
143-215.66; 143 215.107(a)(5), (7), (10);
Temporary Adoption Eff. November 1, 2000;
Temporary Adoption Eff. August 1, 2001;
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23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1235
Eff. July 18, 2002;
Temporary Amendment Eff. December 31, 2008(this amendment
replaces the repeal approved by RRC on May 15, 2008).
15A NCAC 02D .1422 COMPLIANCE SUPPLEMENT
POOL CREDITS
(a) Purpose. The purpose of this Rule is to regulate North
Carolina’s eligibility for and use of the Compliance Supplement
Pool under 40 CFR 51.121(e)(3).
(b) Eligibility. Sources covered under Rule .1416 of this Section
may earn Compliance Supplement Pool Credits for those
nitrogen oxide emissions reductions required by Rule .1416 of
this Section that are achieved during the ozone season after
September 30, 1999 and are demonstrated using baseline and
current emissions determined according to 40 CFR Part 75
before May 1, 2003, and are beyond the total emission
reductions required under 40 CFR Part 76 or any other provision
of the federal Clean Air Act.
(c) Credits. The Compliance Supplement Pool Credits earned
under this Rule shall be tabulated in tons of nitrogen oxides
reduced per ozone season. The control device, modification, or
change in operational practice that enables the combustion
source or sources to achieve the emissions reductions shall be
permitted. The facility shall provide the Division of Air Quality
with written notification certifying the installation and operation
of the control device or the modification or change in
operational practice that enables the combustion source or
sources to achieve the emissions reduction. Only
emissionemissions reductions that are beyond emissionemissions
reductions required under 40 CFR Part 76 or any other provision
of the federal Clean Air Act are creditable Compliance
Supplement Pool Credits. Credits are counted in successive
seasons through May 1, 2003. Seasonal credits shall be recorded
in a Division of Air Quality database and will accumulate in this
database until May 1, 2003. At that point a cumulative total of
all the Compliance Supplement Pool Credits earned during the
entire period shall be tabulated. These credits will then be
available for use by the State of North Carolina to achieve
compliance with the State ozone season NOx budget.
(d) Requesting credits. In order to earn Compliance Supplement
Pool Credits, the owner or operator of the facility shall provide
the following written documentation to the Director before
January 1, 2003.
(1) the combustion source or sources involved in
the emissions reduction;
(2) the start date of the emissions reduction;
(3) a description of the add-on control device,
modification, or change in operational practice
that enables the combustion source or sources
to achieve the emissions reduction;
(4) the current and baseline emissions of nitrogen
oxides of the combustion source or sources
involved in this reduction in terms of tons of
nitrogen oxides per season;
(5) the amount of reduction of emissions of
nitrogen oxides achieved by this action in tons
of nitrogen oxides per season per combustion
source involved;
(6) the total reduction of nitrogen oxides achieved
by this action in tons of nitrogen oxides per
season for all the combustion sources
involved;
(7) a demonstration that the proposed action has
reduced the emissions of nitrogen oxides from
the combustion sources involved by the
amount specified in Subparagraphs (d)(5) and
(d)(6) of this Rule; and
(8) a description of the monitoring, recordkeeping,
and reporting plan used to ensure continued
compliance with the proposed emissions
reduction activity; continuous emissions
monitors shall be used to monitor emissions.
(e) Approving requests. Before any Compliance Supplement
Pool Credits can be allocated, the Director shall have to approve
them. The Director shall approve credits if he finds that:
(1) early emissions reductions are demonstrated
using baseline and current emissions
determined according to 40 CFR Part 75 to be
beyond the reductions required under 40 CFR
Part 76, Acid Rain Nitrogen Oxides Emission
Reduction Program and any other requirement
of the federal Clean Air Act;
(2) the emission reductions are achieved after
September 30, 1999, and before May 1, 2003,
and
(3) all the information and documentation
required under Paragraph (d) have been
submitted.
The Director shall notify the owner or operator of the source and
EPA of his approval or disapproval of a request and of the
amount of Compliance Supplement Pool Credits approved. If the
Director disapproves a request or part of a request, he shall
explain in writing to the owner or operator of the source the
reasons for disapproval.
(f) Compliance supplement pool. The Director shall verify that
the Compliance Supplement Pool Credits do not exceed a
statewide total of 10,737 tons for all the ozone seasons of the
years 2003, 2004, and 2005.
(g) Interim report. The owner or operators of the facility shall
submit to the Director by January 1, 2001 and January 1, 2002
an interim report that contains the information in Paragraph (d)
of this Rule for the previous ozone season.
(h) Recording credits. Based on the interim reports submitted
under Paragraph (g) of this Rule, the Division shall record the
Compliance Supplement Pool Credits earned under this Rule in a
central database. The Division of Air Quality shall maintain this
database. These credits shall be recorded in tons of emissions of
nitrogen oxides reduced per season with the actual start date of
the reduction activity. Based on the final formal request
submitted under Paragraph (d) of this Rule as approved under
Paragraph (e) of this Rule, the Director shall finalize the
Compliance Supplement Pool Credits earned and record the final
earned credits in the Division’s database.
(i) Use of credits. Final earned Compliance Supplement Pool
Credits shall be available for Carolina Power & Light Co. and
Duke Power Co. to use in 2003. The allocations of Carolina
Power & Light Co.'s sources and Duke Power Co.’s sources in
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23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1236
Rule .1416 of this Section shall be reduced for 2004 or 2005 by
the amount of Compliance Supplement Pool Credits used in
2003 using the procedures in Paragraph (k) of this Rule.
Compliance Supplement Pool Credits not used in 2003 shall be
available for use by the Director of the Division of Air Quality
to offset excess emissions of nitrogen oxides in order to achieve
compliance with the North Carolina ozone season NOx budget
after May 30, 2004, but no later than September 30, 2005. The
credits shall be used on a one for one basis, that is, one ton per
season of credit can be used to offset one ton, or less, per season
of excess emissions to achieve compliance with the requirements
of Rule .1416 or .1417 of this Section. All credits shall expire
and will no longer be available for use after November 30, 2005.
(j) Reporting. The Director shall report:
(1) to the EPA, Carolina Power & Light Co. and
Duke Power Co. by
(A) March 1, 2003 the Compliance
Supplement Pool Credits earned by
Carolina Power & Light Co. and by
Duke Power Co., and
(B) March 1, 2004 the reductions in
allocations calculated under
Paragraphs (k) and (l) of this Rule;
and
(2) to the EPA by:
(A) December 1, 2003, the Compliance
Supplement Pool Credits used
beginning May 1 through September
30, 2003,
(B) December 1, 2004, the Compliance
Supplement Pool Credits used
beginning May 31 through September
30, 2004, and
(C) December 1, 2005, the Compliance
Supplement Pool Credits used
beginning May 1 through September
30, 2005.
(k) Using Compliance Supplement Pool Credits in 2003.
Carolina Power & Light Co. and Duke Power Co. may use
Compliance Supplement Pool Credits in 2003. If they do use
Compliance Supplement Pool Credits in 2003, then the
allocations for their sources in Rule .1416 of this Section shall
be reduced for 2004 or 2005 by the amount of Compliance
Supplement Pool Credits used in 2003. Before the Director
approves the use of Compliance Supplement Pool Credits in
2003, the company shall identify the sources whose allocations
are to be reduced to offset the Compliance Supplement Pool
Credits requested for 2003 and the year (2004 or 2005) in which
the allocation is reduced. The Director shall approve no more
than 4,295 tons for Carolina Power & Light Co. and no more
than 6,442 tons for Duke Power Co. The Director shall approve
no more than 5,771 tons being offset by reductions in allocations
in 2004 and no more than 4,966 tons being offset by reductions
in allocations in 2005.
(l) Failure to receive sufficient credits. If the sum of
Compliance Supplement Pool Credits received by Carolina
Power & Light Co. and Duke Power Co. are is less than 10,737
tons, the following procedure shall be used to reduce the
allocations in Rule .1416 of this Section:
(1) If the Compliance Supplement Pool Credits
received by Carolina Power & Light Co. are
less than 4,295 tons, and the Compliance
Supplement Pool Credits received by Duke
Power Co. are greater than or equal to 6,442
tons, the allocation for Carolina Power &
Light Co.’s sources shall be reduced by the
amount obtained by subtracting from 10,737
tons the sum of Compliance Supplement Pool
Credits received by Carolina Power & Light
Co. and Duke Power Co. The allocations of
Carolina Power & Light Co.’s sources shall be
reduced using the procedure in Subparagraph
(4) of this Paragraph.
(2) If the Compliance Supplement Pool Credits
received by Duke Power Co. are less than
6,442 tons, and the Compliance Supplement
Pool Credits received by Carolina Power &
Light Co. are greater than or equal to 4,295
tons, the allocation for Duke Power Co.'s
sources shall be reduced by the amount
obtained by subtracting from 10,737 tons the
sum of Compliance Supplement Pool Credits
received by Carolina Power & Light Co. and
Duke Power Co. The allocations of Duke
Power Co.'s sources shall be reduced using the
procedure in Subparagraph (4) of this
Paragraph.
(3) If the Compliance Supplement Pool Credits
received by Carolina Power & Light Co. are
less than 4,295 tons, and the Compliance
Supplement Pool Credits received by Duke
Power Co. are less than 6,442 tons:
(A) The allocation for Carolina Power &
Light Co.'s sources shall be reduced
by the amount obtained by
subtracting from 4,295 tons the
Compliance Supplement Pool Credits
received by Carolina Power & Light
Co. The allocations of Carolina
Power & Light Co.'s sources shall be
reduced using the procedure in
Subparagraph (4) of this Paragraph;
and
(B) The allocation for Duke Power Co.'s
sources shall be reduced by the
amount obtained by subtracting from
6,442 tons the Compliance
Supplement Pool Credits received by
Duke Power Co. The allocations of
Duke Power Co.’s sources shall be
reduced using the procedure in
Subparagraph (4) of this Paragraph.
(4) When the allocations in Rule .1416 of this
Section for Carolina Power & Light Co.’s
sources or for Duke Power Co.’s sources are
required to be reduced, the following
procedure shall be used:
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23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1237
(A) If the reduction required is less than
or equal to 4,966 tons, then the
following procedure shall be used:
(i) The allocationallocations of
all sources listed in Rule
.1416 of this Section for
2005 for Carolina Power &
Light Co. or Duke Power
Co. are summed.
(ii) The reduction required under
Subparagraph (1), (2), or (3)
of this Paragraph is
subtracted from the sum
computed under Subpart (i)
of this Part.
(iii) The allocation of each
source listed in Rule .1416
of this Section for 2005 for
Carolina Power & Light Co.
or Duke Power Co. is
multiplied by the value
computed under Subpart (ii)
of this Part and divided by
the value computed under
Subpart (i) of this Part. The
result is the revised
allocation for that source.
(B) If the reduction required is more than
4,966 tons, then the following
procedure shall be used:
(i) The reduction for the
allocations for 2005 is
determined using the
procedure under Part (A) of
this Subparagraph and
substituting 4,966 as the
reduction required under
Subpart (A)(ii) of this
Subparagraph.
(ii) The reduction for the
allocations for 2004 shall be
determined using the
following procedure:
(I) The reduction
required under
Subparagraph (1),
(2), or (3) of this
Paragraph is
subtracted from
4,966.
(II) The allocations of
all sources listed in
Rule .1416 of this
Section for 2004 for
Carolina Power &
Light Co. or Duke
Power Co. for 2004
are summed.
(III) The allocation of
each source listed
in Rule .1416 of
this Section for
2004 for Carolina
Power & Light Co.
or Duke Power Co.
is multiplied by the
value computed
under Sub-Subpart
(I) of this Subpart
and divided by the
value computed
Sub-Subpart (II) of
this Subpart. The
result is the revised
allocation for that
source
(m) If allocations are reduced in 2004 or 2005 for Carolina
Power & Light Co. or Duke Power Co. under Paragraph (k) or
(l) of this Rule, the company whose allocations are reduced shall
reduce its allocations by returning allowances through the use of
allowance transfers to the State following the procedures in 40
CFR Part 96. These allowances shall be retired.
History Note: Authority G.S. 143-215.3(a)(1);143-215.65;
143-215.66; 143-215.107(a)(5), (7), (10);
Temporary Adoption Eff. August 1, 2001;
Eff. July 18, 2002;
Amended Eff. June 1, 2004;
Temporary Amendment Eff. December 31, 2008(this amendment
replaces the repeal approved by RRC on May 15, 2008).
TITLE 26 – OFFICE OF ADMINISTRATIVE HEARINGS
Rule-making Agency: Office of Administrative Hearings
Rule Citation: 26 NCAC 03 .0401-.0403
Effective Date: December 2, 2008
Date Approved by the Rules Review Commission: November
20, 2008
Reason for Action: Section 10.15A(h2) provides "(2) Simple
Procedures...in order to complete the case as quickly as
possibly." Federal guidelines require that these cases be
decided within 90 days from the filing of the petition, including
the final agency decision. Therefore, the normal timeframes fro
hearings with OAH are considerably shortened. The simplified
procedures will allow OAH to rapidly proceed to hearing in an
expeditious manner while safeguarding the procedural and
substantive due process rights of the parties to an impartial
hearing. The Office of Administrative Hearings is responsible
for hearing cases effective October 1, 2008 and these rules
govern the procedures for those cases.
TEMPORARY RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1238
CHAPTER 03 – HEARINGS DIVISION
SECTION .0400 – SIMPLIFIED PROCEDURES FOR
MEDICAID APPLICANT AND RECIPIENT APPEALS
26 NCAC 03 .0401 HEARING PROCEDURES
RULES
(a) The rules in 26 NCAC 03 .0100 apply to contested Medicaid
cases commenced by Medicaid applicants or recipients under
S.L. 2008-107, s. 10.15A.(h1) as rewritten by S.L. 2008-118, s.
3.13 except:
(1) 26 NCAC 03 .0101(a);
(2) 26 NCAC 03 .0102(3);
(3) 26 NCAC 03 .0103(a);
(4) 26 NCAC 03 .0104;
(5) 26 NCAC 03 .0107;
(6) 26 NCAC 03 .0108;
(7) 26 NCAC 03 .0109;
(8) 26 NCAC 03 .0112(b), (c), (e), (f), (g);
(9) 26 NCAC 03 .0115;
(10) 26 NCAC 03 .0117;
(11) 26 NCAC 03 .0118;
(12) 26 NCAC 03 .0123;
(13) 26 NCAC 03 .0124;
(14) 26 NCAC 03 .0125; and
(15) 26 NCAC 03 .0127(a).
(b) Nothing in this Section affects discretionary powers granted
to an administrative law judge as set out in G.S. 150B-33(b).
History Note: Authority G.S. 7A-751(a); S.L. 2008-107, s.
10.15A.(h1) as rewritten by S.L. 2008-118, s. 3.13;
Temporary Adoption Eff. December 2, 2008.
26 NCAC 03 .0402 MEDIATION SETTLEMENT
CONFERENCE RULES
The rules in 26 NCAC 03 .0200 do not apply to contested
Medicaid cases commenced by Medicaid applicants or recipients
under S.L. 2008-107, s. 10.15A.(h1) as rewritten by S.L. 2008-
118, s. 3.13.
History Note: Authority G.S. 7A-751(a); S.L. 2008-107, s.
10.15A.(h1) as rewritten by S.L. 2008-118, s. 3.13;
Temporary Adoption Eff. December 2, 2008.
26 NCAC 03 .0403 EXPEDITED HEARINGS
PROCEDURES FOR COMPLEX CONTESTED CASES
The rules in 26 NCAC 03 .0300 do not apply to contested
Medicaid cases commenced by Medicaid applicants or recipients
under S.L. 2008-107, s. 10.15A.(h1) as rewritten by S.L. 2008-
118, s. 3.13.
History Note: Authority G.S. 7A-751(a); S.L. 2008-107, s.
10.15A.(h1) as rewritten by S.L. 2008-118, s. 3.13;
Temporary Adoption Eff. December 2, 2008.
APPROVED RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1239
This Section includes a listing of rules approved by the Rules Review Commission followed by the full text of those rules. The
rules that have been approved by the RRC in a form different from that originally noticed in the Register or when no notice was
required to be published in the Register are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B-
21.17.
Rules approved by the Rules Review Commission at its meeting on November 20, 2008.
REGISTER CITATION TO THE
NOTICE OF TEXT
TOBACCO TRUST FUND COMMISSION
Applications for Grants 02 NCAC57 .0204* 22:24 NCR
Out of Cycle Award of Grants 02 NCAC57 .0206 22:24 NCR
Review of Proposals 02 NCAC57 .0207* 22:24 NCR
Reporting 02 NCAC57 .0209* 22:24 NCR
Applications for Grants 02 NCAC57 .0304* 22:24 NCR
Out of Cycle Consideration of Grants 02 NCAC57 .0305 22:24 NCR
Review of Proposals 02 NCAC57 .0306* 22:24 NCR
Reporting 02 NCAC57 .0308* 22:24 NCR
CEMETERY COMMISSION
Delivery 04 NCAC 05D .0202* 23:04 NCR
CORRECTIONS, DEPARTMENT OF
Location 05 NCAC 01F .0101 22:24 NCR
Filing a Petition for Rule-making 05 NCAC 01F .0201* 22:24 NCR
BLIND, COMMISSION FOR THE
Licensing and Placement 10A NCAC 63C .0202* 23:02 NCR
INSURANCE, DEPARTMENT OF
Definitions 11 NCAC 11F .0601 23:03 NCR
2001 CSO Mortality Table as Minimum
Standard
11 NCAC 11F .0602 23:03 NCR
Conditions 11 NCAC 11F .0603 23:03 NCR
Gender-Blended Tables 11 NCAC 11F .0605* 23:03 NCR
Minimum Standards for Preneed Life
Insurance
11 NCAC 11F .0606* 23:03 NCR
PRIVATE PROTECTIVE SERVICES BOARD
Requirements for a Firearms Trainer
Certificate
12 NCAC 07D .0901* 22:22 NCR
Records Retention 12 NCAC 07D .0906* 22:22 NCR
Post-Delivery Report for Firearms Training
Courses
12 NCAC 07D .0908 22:22 NCR
WATER TREATMENT FACILITY OPERATORS CERTIFICATION BOARD
APPROVED RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1240
Professional Growth Hours 15A NCAC 18D .0308* 23:01 NCR
COSMETIC ART EXAMINERS, BOARD OF
Definitions 21 NCAC 14A .0101 22:22 NCR
Salon Renewal 21 NCAC 14F .0114 22:22 NCR
Forms 21 NCAC 14G .0102 22:22 NCR
Equipment and Teachers 21 NCAC 14G .0107 22:22 NCR
Cleanliness of Operators 21 NCAC 14H .0111 22:22 NCR
Cleanliness of Clinic Area: Supplies: Combs
and Brushes
21 NCAC 14H .0112* 22:22 NCR
Cleanliness of Scissors, Shears, Razors and
Other Equipment
21 NCAC 14H .0113 22:22 NCR
Health of Operators 21 NCAC 14H .0116 22:22 NCR
Animals 21 NCAC 14H .0117 22:22 NCR
Systems of Grading Beauty Establishments 21 NCAC 14H .0118* 22:22 NCR
Footspa Sanitation 21 NCAC 14H .0120* 22:22 NCR
Transfer of Credit 21 NCAC 14I .0105* 22:22 NCR
Report of Enrollment 21 NCAC 14I .0107 22:22 NCR
Summary of Cosmetic Art Education 21 NCAC 14I .0109* 22:22 NCR
Recitation Room 21 NCAC 14I .0301 22:22 NCR
Classroom Bulletin Board 21 NCAC 14I .0303 22:22 NCR
Application/Licensure/Individuals Who
Have Been Convicted...
21 NCAC 14I .0401* 22:22 NCR
Requests for Preapplication Review of
Felony Convictions
21 NCAC 14I .0402 22:22 NCR
Equipment 21 NCAC 14J .0302 22:22 NCR
Uniforms 21 NCAC 14K .0101 22:22 NCR
Equipment and Instruments 21 NCAC 14K .0103* 22:22 NCR
Identification Pins 21 NCAC 14K .0105* 22:22 NCR
Live Model Performances 21 NCAC 14K .0107 22:22 NCR
Application to Take Examination 21 NCAC 14L .0106* 22:22 NCR
Supervision of Cosmetic Art Teacher
Trainer
21 NCAC 14L .0208* 22:22 NCR
Effect on Student-Teacher Ration 21 NCAC 14L .0210 22:22 NCR
Fee 21 NCAC 14L .0214 22:22 NCR
Initial Application and Fees 21 NCAC 14N .0102 22:22 NCR
Uniforms 21 NCAC 14O .0101* 22:22 NCR
Course of Study 21 NCAC 14O .0102 22:22 NCR
Identification Pins 21 NCAC 14O .0105 22:22 NCR
Sanitation 21 NCAC 14O .0107 22:22 NCR
Renewals, Expired Licenses, Licenses
Required
21 NCAC 14P .0105 22:22 NCR
Licenses Required 21 NCAC 14P .0106 22:22 NCR
Licenses to be Posted 21 NCAC 14P .0107 22:22 NCR
Revocation of Licenses and Other
Disciplinary Measures
21 NCAC 14P .0108 22:22 NCR
Sanitary Ratings and Posting of Ratings -
Applicable to E...
21 NCAC 14P .0112 22:22 NCR
APPROVED RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1241
Operations of Schools of Cosmetic Art 21 NCAC 14P .0113 22:22 NCR
Sanitary Ratings 21 NCAC 14P .0115 22:22 NCR
Continuing Education Requirements 21 NCAC 14R .0101 22:22 NCR
Application Criteria and Continuing
Education Course Appr...
21 NCAC 14R .0102* 22:22 NCR
Criteria for Continuing Education Courses 21 NCAC 14R .0103 22:22 NCR
NURSING, BOARD OF
Regular Renewal 21 NCAC36 .0201* 23:01 NCR
Reinstatement of Lapsed License 21 NCAC36 .0203* 23:01 NCR
PHARMACY, BOARD OF
Partial Examination 21 NCAC46 .1507 23:04 NCR
PHYSICAL THERAPY EXAMINERS, BOARD OF
Definitions 21 NCAC 48G .0105* 23:03 NCR
Continuing Competence 21 NCAC 48G .0106* 23:03 NCR
Standards for Continuing Competence
Activities
21 NCAC 48G .0107* 23:03 NCR
Approval of Providers and Activities 21 NCAC 48G .0108* 23:03 NCR
Continuing Competence Activities 21 NCAC 48G .0109* 23:03 NCR
Evidence of Compliance 21 NCAC 48G .0110* 23:03 NCR
Costs 21 NCAC 48G .0112 23:03 NCR
STATE PERSONNEL COMMISSION
Separation: Payment of Vacation Leave 25 NCAC 01C .1009 23:02 NCR
Leave 25 NCAC 01D .0517 23:02 NCR
Separation: Payment of Vacation Leave 25 NCAC 01E .0210* 23:02 NCR
These rules are subject to the next Legislative Session. (See G.S. 150B-21.3.
ENVIRONMENTAL MANAGEMENT COMMISSION
Jordan Water Supply Nutrient Strategy: Purpose
and Scope
15A NCAC 02B .0262* 21:24 NCR
Jordan Water Supply Nutrient Strategy:
Definitions
15A NCAC 02B .0263* 21:24 NCR
Jordan Water Supply Nutrient Strategy:
Stormwater Managem...
15A NCAC 02B .0265* 21:24 NCR
Jordan Water Supply Nutrient Strategy:
Stormwater Managem...
15A NCAC 02B .0266* 21:24 NCR
Jordan Water Supply Nutrient Strategy:
Protection of Exis...
15A NCAC 02B .0267* 21:24 NCR
Cape Fear River Basin 15A NCAC 02B .0311* 21:24 NCR
COASTAL RESOURCES COMMISSION
General Use Standards for Ocean Hazard Areas 15A NCAC 07H .0306* 22:24 NCR
Requesting the Static Line Exception 15A NCAC 07J .1201* 22:24 NCR
APPROVED RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1242
Review of the Static Line Exception Request 15A NCAC 07J .1202 22:24 NCR
Procedure for Approving the Static Line
Exception
15A NCAC 07J .1203* 22:24 NCR
Review of the Large-Scale Beach-Fill Project
and Approved...
15A NCAC 07J .1204* 22:24 NCR
Revocation and Expiration of the Static Line
Exception
15A NCAC 07J .1205* 22:24 NCR
Local Government and Communities with Static
Vegetation L...
15A NCAC 07J .1206* 22:24 NCR
TITLE 02 – DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
02 NCAC 57 .0204 APPLICATIONS FOR GRANTS
(a) The Commission shall designate specific dates for
submission of grant applications based on the amount of funds
available. Grant application submission dates will be announced
by the Commission at least 30 days before the date applications
are due.
(b) Grant proposals shall be typed or printed and an original and
four copies timely submitted to the Commission by hand-delivery,
by a designated delivery service authorized pursuant to
G.S. 1A-1, Rule 4, or by U.S. Mail. Applications shall be
deemed timely submitted if delivered by hand to the
Commission’s physical office and signed for by Commission
staff before 5:00 p.m. on the submission date; or by designated
delivery service, whereby the parcel bears a shipping date on or
before the submission date; or by placing into the U.S. Mail,
addressed to 1080 Mail Service Center, Raleigh, NC 27699, and
postmarked on or before the submission date. Applicants may
also provide an electronic courtesy copy formatted in Microsoft
Word or Adobe Acrobat.
(c) To be considered for funding, applicants shall complete the
Tobacco Trust Fund Grant Application Form which shall contain
the following information:
(1) Names, mailing addresses, telephone numbers,
and signatures of the applicant;
(2) If the applicant is an organization, consortium,
cooperative or other entity representing
multiple eligible beneficiaries, a description of
the applying organization including history,
mission statement, fiscal information, audit
statements (if available), organizational goals
and members of the Board of Directors. If the
applicant involves more than one organization,
person or entity, it shall identify participating
organizations, persons or entities and define
their roles in completing the Compensatory
Program;
(3) A description of the Compensatory Program,
its goals and objectives, and the manner in
which it will accomplish its goals and
objectives, including how the applicant will
quantify actual losses due to the Master
Settlement Agreement that are not
compensated by payments from the National
Tobacco Grower Settlement Trust;
(4) A statement of the projected cost of the
Compensatory Program, including any
administrative costs and including expected
funding from any other source;
(5) A description of how the project will be
completed including time lines;
(6) A description of the accounts that will be set
up and used and an assurance that all accounts
can be audited by the Commission or the State
Auditor;
(7) An explanation of how the project's results
will be evaluated;
(8) At least two references who may be contacted
by the Commission;
(9) Any other information required by G.S. 143,
Article 75 or these Rules in order to make a
decision on the grant proposal;
(10) An explanation of how the project will
enhance North Carolina's tobacco-related
economy for the common good; and
(11) A list and history of the applicant's past
projects funded by grants or awards.
(d) As a condition of applying for or of receiving a grant for a
Compensatory Program, applicants or grantees must allow the
Commission or the Commission staff to make site visits at the
Commission's convenience.
History Note: Authority G.S. 143-718; 143-720;
Temporary Adoption Eff. May 15, 2002;
Eff. April 15, 2003;
Amended Eff. December 1, 2008.
02 NCAC 57 .0206 OUT OF CYCLE AWARD OF
GRANTS
History Note: Authority G.S. 143-718;
Temporary Adoption Eff. May 15, 2002;
Eff. April 15, 2003;
Repealed Eff. December 1, 2008.
02 NCAC 57 .0207 REVIEW OF PROPOSALS
(a) The Executive Director of the Commission or Commission
staff or designee shall screen applications to see if they are
APPROVED RULES
23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009
1243
complete. Commission staff shall notify applicants if the grant
application is incomplete.
(b) Applications that are complete will be forwarded to a Grant
Review Committee of the Commission. The Grant Review
Committee members shall be Commissioners.
(c) During the review and evaluation of proposals, the Grant
Review Committee may solicit information from persons who
have expertise in technical or specialized areas or request that
the Commission staff or designee make reports on any site visits
that may be required for consideration of the grant proposal.
The Grant Review Committee will make recommendations to
the Commission. Scoring and rating of proposals may be
determined by using any consistent rating methodology,
including adjectival, numerical or ordinal rankings.
(d) The Commission will receive the suggestions of the Grant
Review Committee and will evaluate proposals as set out in G.S.
143-720.
(e) In making this evaluation the Commission may consider
who will benefit from the grant, how many will benefit from the
grant, the cost of administering the grant and whether the grant
will benefit tobacco dependent economies of the State in a
measurable manner. Proposals will be given a preference for
statewide impact and for containing a delivery mechanism to
intended beneficiaries.
(f) No grant shall be awarded for a project that is unlawful.
History Note: Authority G.S. 143-718; 143-720;
Temporary Adoption Eff. May 15, 2002;
Eff. April 15, 2003;
Amended Eff. December 1, 2008.
02 NCAC 57 .0209 REPORTING
(a) Grantees shall submit written progress reports at three month
intervals or upon completion of the project, whichever is sooner.
Written reports shall describe the status of the Compensatory
Program, progress toward achieving program objectives, notable
occurrences and any significant problems encountered and steps
taken to overcome the problems.
(b) A representative of the Commission shall review the
progress reports for completeness which shall include a showing
of how the project is meeting its stated goals and performance
standards. If the representative finds that the report is deficient
in showing how the project is meeting its stated goals and
performance standards, the grantee will be notified of the
deficiency and must provide a changed and corrected report
within 30 working days to avoid having the next grant payment
withheld.
(c) Upon completion of the Compensatory Program, the grantee
must make a final written report to the Commission which final
report shall include an evaluation of the success of the program.
History Note: Authority G.S. 143-718;
Temporary Adoption Eff. May 15, 2002;
Eff. April 15, 2003;
Amended Eff. December 1, 2008.
02 NCAC 57 .0304 APPLICATIONS FOR GRANTS
(a) The Commission shall designate specific dates for
submission of grant applications based on the amount of funds
available. Grant application submission dates shall be announced
by the Commission at least 30 days before the date applications
are due.
(b) Grants proposals shall be typed or printed and an original
and four copies timely submitted to the Commission by hand-delivery,
by a designated delivery service authorized pursuant to
G.S. 1A-1, Rule 4, or by U.S Mail. Applications sha