15a NCAC 02Q .0103       DEFINITIONS

For the purposes of this Subchapter, the definitions in G.S. 143‑212 and G.S. 143‑213 and the following definitions apply:

(1)           "Administrator" means, when it appears in any Code of Federal Regulation incorporated by reference in this Subchapter, the Director of the Division of Air Quality unless:

(a)           a specific rule in this Subchapter specifies otherwise, or

(b)           the U.S. Environmental Protection Agency in its delegation or approval states that a specific authority of the Administrator of the Environmental Protection Agency is not included in its delegation or approval.

(2)           "Air Pollutant" means an air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive substance or matter which is emitted into or otherwise enters the ambient air.  Water vapor shall not be considered an air pollutant.

(3)           "Allowable emissions" mean the maximum emissions allowed by the applicable rules contained in 15A NCAC 02D or by permit conditions if the permit limits emissions to a lesser amount.

(4)           "Alter or change" means to make a modification.

(5)           "Applicable requirements" means:

(a)           any requirement of Section .0500 of this Subchapter;

(b)           any standard or other requirement provided for in the implementation plan approved or promulgated by EPA through rulemaking under Title I of the federal Clean Air Act that implements the relevant requirements of the federal Clean Air Act including any revisions to 40 CFR Part 52;

(c)           any term or condition of a construction permit for a facility covered under 15A NCAC 2D .0530, .0531, or .0532;

(d)           any standard or other requirement under Section 111 or 112 of the federal Clean Air Act, but not including the contents of any risk management plan required under Section 112 of the federal Clean Air Act;

(e)           any standard or other requirement under Title IV of the federal Clean Air Act;

(f)            any standard or other requirement governing solid waste incineration under Section 129 of the federal Clean Air Act;

(g)           any standard or other requirement under Section 183(e), 183(f), or 328 of the federal Clean Air Act;

(h)           any standard or requirement under Title VI of the federal Clean Air Act unless a permit for such requirement is not required under this Section;

(i)            any requirement under Section 504(b) or 114(a)(3) of the federal Clean Air Act; or

(j)            any national ambient air quality standard or increment or visibility requirement under Part C of Title I of the federal Clean Air Act, but only as it would apply to temporary sources permitted pursuant to 504(e) of the federal Clean Air Act.

(6)           "Applicant" means the person who is applying for an air quality permit from the Division.

(7)           "Application package" means all elements or documents needed to make an application complete.

(8)           "CFR" means the Code of Federal Regulations.

(9)           "Construction" means change in the method of operation or any physical change, including on-site fabrication, erection, installation, replacement, demolition, or modification of a source, that results in a change in emissions or affects the compliance status. The following activities are not construction:

(a)           clearing and grading;

(b)           building access roads, driveways, and parking lots;

(c)           building and installing underground pipe work, including water, sewer, electric, and telecommunications utilities; or

(d)           building ancillary structures, including fences and office buildings that are not a necessary component of an air contaminant source, equipment, or associated air cleaning device for which a permit is required under G.S. 143-215.108.

(10)         "Director" means the Director of the Division of Air Quality.

(11)         "Division" means the Division of Air Quality.

(12)         "EPA" means the United States Environmental Protection Agency or the Administrator of the Environmental Protection Agency.

(13)         "EPA approves" means full approval, interim approval, or partial approval by EPA.

(14)         "Equivalent unadulterated fuels" means used oils that have been refined such that the content of toxic additives or contaminants in the oil are no greater than those in unadulterated fossil fuels.

(15)         "Facility" means all of the pollutant emitting activities, except transportation facilities, that are located on one or more adjacent properties under common control.

(16)         "Federally enforceable" or "federal‑enforceable" means enforceable by EPA.

(17)         "Fuel combustion equipment" means any fuel burning source covered under 15A NCAC 02D .0503, .0504, .0536, or 40 CFR Part 60 Subpart D, Da, Db, or Dc.

(18)         "Green wood" means wood with a moisture content of 18% or more.

(19)         "Hazardous air pollutant" means any pollutant that has been listed pursuant to Section 112(b) of the federal Clean Air Act. Pollutants listed only in 15A NCAC 02D .1104 (Toxic Air Pollutant Guidelines), but not pursuant to Section 112(b), shall not be included in this definition.

(20)         "Insignificant activities" means activities defined as insignificant activities because of category or as insignificant activities because of size or production rate under Rule .0503 of this Subchapter.

(21)         "Lesser quantity cutoff" means:

(a)           for a source subject to the requirements of Section 112(d) or (j) of the federal Clean Air Act, the level of emissions of hazardous air pollutants below which the following are not required:

(i)            maximum achievable control technology (MACT) or generally available control technology (GACT), including work practice standards, requirement under Section 112(d) of the federal Clean Air Act;

(ii)           a MACT standard established under Section 112(j) of the federal Clean Air Act; or

(iii)          substitute MACT or GACT adopted under Section 112(l) of the federal Clean Air Act.

(b)           for modification of a source subject to, or that may be subject to, the requirements of Section 112(g) of the federal Clean Air Act, the level of emissions of hazardous air pollutants below which MACT is not required to be applied under Section 112(g) of the federal Clean Air Act; or

(c)           for all other sources, potential emissions of each hazardous air pollutant below 10 tons per year and the aggregate potential emissions of all hazardous air pollutants below 25 tons per year.

(22)         "Major facility" means a major source as defined under 40 CFR 70.2.

(23)         "Modification" means any physical change or change in method of operation that results in a change in emissions or affects compliance status of the source or facility.

(24)         "Owner or operator" means any person who owns, leases, operates, controls, or supervises a facility, source, or air pollution control equipment.

(25)         "Peak shaving generator" means a generator that is located at a facility and is used only to serve that facility's on-site electrical load during peak demand periods for the purpose of reducing the cost of electricity; it does not generate electricity for resale. A peak shaving generator may also be used for emergency backup.

(26)         "Permit" means the binding written document, including any revisions thereto, issued pursuant to G.S. 143‑215.108 to the owner or operator of a facility or source that emits one or more air pollutants and that allows that facility or source to operate in compliance with G.S. 143‑215.108. This document shall specify the requirements applicable to the facility or source and to the permittee.

(27)         "Permittee" means the person who has received an air quality permit from the Division.

(28)         "Potential emissions" means the rate of emissions of any air pollutant that would occur at the facility's maximum capacity to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a facility to emit an air pollutant shall be treated as a part of its design if the limitation is federally enforceable. Such physical or operational limitations include air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed. Potential emissions include fugitive emissions as specified in the definition of major source in 40 CFR 70.2. Potential emissions do not include a facility's secondary emissions such as those from motor vehicles associated with the facility and do not include emissions from insignificant activities because of category as defined under Rule .0503 of this Section. If a rule in 40 CFR Part 63 uses a different methodology to calculate potential emissions, that methodology shall be used for sources and pollutants covered under that rule.

(29)         "Portable generator" means a generator permanently mounted on a trailer or a frame with wheels.

(30)         "Regulated air pollutant" means:

(a)           nitrogen oxides or any volatile organic compound as defined under 40 CFR 51.100;

(b)           any pollutant for which there is an ambient air quality standard under 40 CFR Part 50;

(c)           any pollutant regulated under 15A NCAC 02D .0524, .1110, or .1111; or 40 CFR Part 60, 61, or 63;

(d)           any pollutant subject to a standard promulgated under Section 112 of the federal Clean Air Act or other requirements established under Section 112 of the federal Clean Air Act, including Section 112(g) (but only for the facility subject to Section 112(g)(2) of the federal Clean Air Act), (j), or (r) of the federal Clean Air Act; or

(e)           any Class I or II substance listed under Section 602 of the federal Clean Air Act.

(31)         "Sawmill" means a place or operation where logs are sawed into lumber consisting of one or more of these activities: debarking, sawing, and sawdust handling. Activities that are not considered part of a sawmill include chipping, sanding, planning, routing, lathing, and drilling.

(32)         "Source" means any stationary article, machine, process equipment, or other contrivance, or combination thereof, from which air pollutants emanate or are emitted, either directly or indirectly.

(33)         "Toxic air pollutant" means any of the carcinogens, chronic toxicants, acute systemic toxicants, or acute irritants that are listed in 15A NCAC 02D .1104.

(34)         "Transportation facility" means a complex source as defined in G.S. 143‑213(22).

(35)         "Unadulterated fossil fuel" means fuel oils, coal, natural gas, or liquefied petroleum gas to which no toxic additives have been added that may result in the emissions of a toxic air pollutant listed under 15A NCAC 02D .1104.

 

History Note:        Authority G.S. 143‑212; 143‑213; 143‑215.3(a)(1);

Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Amended Eff. April 1, 1999; July 1, 1998; July 1, 1996;

Temporary Amendment Eff. December 1, 1999;

Amended Eff. January 1, 2015; December 1, 2005; July 1, 2000.