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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 TEMPORARY RULES 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 TEMPORARY RULES 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; TEMPORARY RULES 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); TEMPORARY RULES 23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009 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 TEMPORARY RULES 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 TEMPORARY RULES 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 TEMPORARY RULES 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). TEMPORARY RULES 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 TEMPORARY RULES 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; TEMPORARY RULES 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 TEMPORARY RULES 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: TEMPORARY RULES 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
Object Description
Description
Title | North Carolina register |
Date | 2009-01-02 |
Description | Volume 23, Issue 13, (January 2, 2009) |
Digital Characteristics-A | 900 KB; 112 p. |
Digital Format |
application/pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_borndigital\images_master\ |
Full Text | 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 TEMPORARY RULES 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 TEMPORARY RULES 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; TEMPORARY RULES 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); TEMPORARY RULES 23:13 NORTH CAROLINA REGISTER JANUARY 2, 2009 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 TEMPORARY RULES 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 TEMPORARY RULES 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 TEMPORARY RULES 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). TEMPORARY RULES 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 TEMPORARY RULES 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; TEMPORARY RULES 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 TEMPORARY RULES 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: TEMPORARY RULES 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 |
OCLC number | 13686205 |