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PROPOSED RULES

(1)No six-minute period exceeds 87 percent opacity;
(2)No more than one six-minute period exceeds 20 percent opacity in any hour; and
(3)No more than four six-minute periods exceed 20 percent opacity in any 24-hour period.
(e)  Where the presence of uncombined water is the only reason for failure of an emission to meet the limitations of Paragraph (c) or (d) of this Rule, those requirements shall not apply.
(f)  Exception from Opacity Standard in Paragraph (d) of this Rule. Sources subject to Paragraph (d) of this Rule shall be allowed to comply with Paragraph (c) of this Rule if:
(1)The owner or operator of the source demonstrates compliance with applicable particulate mass emissions standards; and
(2)The owner or operator of the source submits data necessary to show that emissions up to those allowed by Paragraph (c) of this Rule shall not violate any national ambient air quality standard.
The burden of proving these conditions shall be on the owner or operator of the source and shall be approached in the following manner. The owner or operator of a source seeking an exception shall apply to the Director requesting this modification in its permit.  The applicant shall submit the results of a source test within 90 days of application. Source testing shall be by the appropriate procedure as designated by rules in this Subchapter. During this 90-day period the applicant shall submit data necessary to show that emissions up to those allowed by Paragraph (c) of this Rule will not contravene ambient air quality standards.  This evidence shall include an inventory of past and projected emissions from the facility.  In its review of ambient air quality, the Division may require additional information that it considers necessary to assess the resulting ambient air quality. If the applicant can thus show that it will be in compliance both with particulate mass emissions standards and ambient air quality standards, the Director shall modify the permit to allow emissions up to those allowed by Paragraph (c) of this Rule.
(g)  For sources required to install, operate, and maintain continuous opacity monitoring systems (COMS), compliance with the numerical opacity limits in this Rule shall be determined as follows excluding startups, shutdowns, maintenance periods when fuel is not being combusted, and malfunctions approved as such according to procedures approved under Rule .0535 of this Section:
(1)No more than four six-minute periods shall exceed the opacity standard in any one day; and
(2)The percent of excess emissions (defined as the percentage of monitored operating time in a calendar quarter above the opacity limit) shall not exceed 0.8 percent of the total operating hours. If a source operates less than 500 hours during a calendar quarter, the percent of excess emissions shall be calculated by including hours operated immediately previous to this quarter until 500 operational hours are obtained.
In no instance shall excess emissions exempted under this Paragraph cause or contribute to a violation of any emission standard in this Subchapter or 40 CFR Part 60, 61, or 63 or any ambient air quality standard in Section 15A NCAC 02D .0400 or 40 CFR Part 50.

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5).

SECTION .0600 MONITORING: RECORDKEEPING: REPORTING

15A NCAC 02D .0614COMPLIANCE ASSURANCE

MONITORING

(a)  General Applicability. With the exception of Paragraph (b) of this Rule, the requirements of this part shall apply to a pollutantspecific emissions unit at a facility required to obtain permit under 15A NCAC 2Q .0500 15A NCAC 02Q .0500 if the unit satisfies all of the following criteria:
(1)The unit is subject to an emission limitation or standard for the applicable regulated air pollutant (or a surrogate thereof), other than an emission limitation or standard that is exempt under Subparagraph (b)(1) of this Rule;
(2)The unit uses a control device to achieve compliance with any such emission limitation or standard; and
(3)The unit has potential precontrol device emissions of the applicable regulated air pollutant that are equal to or greater than 100 tons per year. percent of the amount, in tons per year, required for a source to be classified as a major source. For purposes of this Subparagraph, "potential precontrol device emissions" means the same as "potential to emit," as defined in 15A NCAC 2Q .0103, 15A NCAC 02Q .0103, except that emission reductions achieved by the applicable control device shall not be taken into account.
(b)  Exemptions.
(1)Exempt emission limitations or standards. The requirements of this Rule shall not apply to any of the following emission limitations or standards:

(A)emission limitations or standards proposed by the Administrator of the Environmental Protection Agency after November 15, 1990 pursuant to section 111 or 112 of the federal Clean Air Act;

(B)stratospheric ozone protection requirements under title VI of the federal Clean Air Act;

(C)Acid Rain Program requirements pursuant to sections 404, 405, 406, 407(a), 407(b), or 410 of the federal Clean Air Act;

(D)emission limitations or standards or other applicable requirements that

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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