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PROPOSED RULES

(NCAC 150B-21.5 & 40 CFR 51.0102(a)).  Please address the request to Mr. Michael Abraczinskas, Division of Air Quality, 1641 Mail Service Center, Raleigh, NC  27699-1641.

Reason for Proposed Action:  
15A NCAC 02D .0521 - is proposed for amendment to add small municipal waste combustors to the non-applicable list of combustion sources.
15A NCAC 02D .0614 - is proposed for amendment to clarify the compliance assurance monitoring applicability language.
15A NCAC 02D .0901 - is proposed for amendment to add the definition of "Stage I" to the Rule.
15A NCAC 02D .0902 - is proposed for amendment to remove Rule .0953 from statewide applicability.
15A NCAC 02D .0909, .0952 - are proposed for amendment to remove reference to Stage II vapor recovery Rules .0953 and .0954 that are proposed for repeal.
15A NCAC 02D .0953-.0954 - are proposed for repeal to remove Stage II vapor recovery piping as a requirement.
15A NCAC 02D .1110 -is proposed for amendment to reflect paragraph reference changes in 02D .0902.
15A NCAC 02D .1205 - is proposed for amendment to remove small municipal waste combustor requirements.
15A NCAC 02D .1212 - Small Municipal Waste Combustors, is proposed for adoption to reflect changes in federal rules and to clarify State requirements.
15A NCAC 02Q .0102 - is proposed for amendment to add 40 CFR 60 Subparts IIII and JJJJ to the list of new source performance standards that may exempt a source from new source performance permit requirements.
15A NCAC 02Q .0304 - is proposed for amendment to change the date when permit renewal applications need to be filed.
15A NCAC 02Q .0902 - is proposed for amendment to clarify the definition of temporary crushers, to require when requested copies of notifications and testing records required under 15A NCAC 02D .0524 (40 CFR Part 60, Subpart IIII). Additionally, the owner must have an air quality permit before operations if the owner of a crusher planned or has the design potential to operate at a site for more than 12 months.   

Procedure by which a person can object to the agency on a proposed rule:  If you have any objections to the proposed rule, please mail a letter including your specific reasons to: Mr. Michael Abraczinskas, Division of Air Quality, 1641 Mail Service Center, Raleigh, NC 27699-1641.

Comments may be submitted to:  Michael Abraczinskas, Division of Air Quality, 1641 Mail Service Center, Raleigh, NC  27699-1641, Phone (919)715-3743, Fax (919)715-7476, email Michael.abraczinskas@ncmail.net.

Comment period ends:  August 1, 2008

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None

CHAPTER 02 ENVIRONMENTAL MANAGEMENT

SUBCHAPTER 02D AIR POLLUTION CONTROL REQUIREMENTS

SECTION .0500 EMISSION CONTROL STANDARDS

15A NCAC 02D .0521CONTROL OF VISIBLE

EMISSIONS

(a)  Purpose. The intent of this Rule is to prevent, abate and control emissions generated from fuel burning operations and industrial processes where an emission can reasonably be expected to occur, except during startup, shutdowns, and malfunctions approved according to procedures set out in Rule .0535 of this Section.
(b)  Scope. This Rule shall apply to all fuel burning sources and to other processes that may have a visible emission. However, sources subject to a visible emission standard in Rules .0506, .0508, .0524, .0543, .0544, .1110, .1111, .1205, .1206, .1210, or .1211 .1211, or .1212 of this Subchapter shall meet that standard instead of the standard contained in this Rule. This Rule does not apply to engine maintenance, rebuild, and testing activities where controls are infeasible, except it does apply to the testing of peak shaving and emergency generators. (In deciding if controls are infeasible, the Director shall consider emissions, capital cost of compliance, annual incremental compliance cost, and environmental and health impacts.)
(c)  For sources manufactured as of July 1, 1971, visible emissions shall not be more than 40 percent opacity when averaged over a six-minute period. However, except for sources required to comply with Paragraph (g) of this Rule, six-minute averaging periods may exceed 40 percent opacity if:
(1)No six-minute period exceeds 90 percent opacity;
(2)No more than one six-minute period exceeds 40 percent opacity in any hour; and
(3)No more than four six-minute periods exceed 40 percent opacity in any 24-hour period.
(d)  For sources manufactured after July 1, 1971, visible emissions shall not be more than 20 percent opacity when averaged over a six-minute period. However, except for sources required to comply with Paragraph (g) of this Rule, six-minute averaging periods may exceed 20 percent opacity if:

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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